Bianco Chapter 4

Chapter 4

Civil Liberties

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Civil Liberties

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Defining Civil Liberties

• Civil liberties are basic political freedoms that protect citizens from governmental abuses of power.

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Civil Liberties and Civil Rights

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Civil Liberties: Balancing Interests and Drawing Lines

• A fundamental problem of civil liberties is how to balance competing interests such as security, military strategy, and liberty.

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• The challenge: when is the government engaging in an unconstitutionally excessive entanglement with religion?


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• There are many issues related to automobiles and Fourth Amendment protection against “unreasonable search and seizure”; for instance:- What justifies a highway

stop?- What constitutes

probable cause for a search?


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Origins and Evolution of American Civil Liberties: The Basics

• Pre-Civil War

• Civil War Amendments

• Due Process Clause

• Gitlow v. New York

• Selective Incorporation

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The First Amendment: Freedom of Speech, Assembly, and the Press

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• Schenk v. U.S.– “Clear and Present

Danger” test– Allows the government

to restrict certain types of speech deemed dangerous

• Brandenburg v. Ohio– “Direct Incitement” test

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• Symbolic speech – nonverbal expression, such as the use of signs as symbols. It benefits from many of the same constitutional protections as verbal speech.

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• Hate speech– Expression that is

offensive or abusive, particularly in terms of race, gender, or sexual orientation.

– Currently protected by 1st Amendment

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• Prior restraint– A limit on freedom of the

press that allows the government to prohibit the media from publishing certain materials

– Since the 1971 Pentagon Papers case, the Supreme Court has mostly discarded the government’s prerogative of prior restraint.

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• Commercial speech – It has become much tougher to regulate commercial speech in our era. But ads can be regulated if they meet any one of three criteria:

1. The ads concern an illegal activity.

2. The ads are misleading.

3. Regulation advances a substantial governmental interest.

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Freedom of Religion

• Establishment Clause– Part of the First Amendment that states, “Congress

shall make no law respecting an establishment of religion,” which has been interpreted to mean that Congress cannot sponsor/endorse any religion.

• Free Exercise Clause– Part of the First Amendment stating that Congress

cannot prohibit or interfere with the practice of religion.

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Freedom of Religion

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Freedom of Religion

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The Second Amendment: The Right to Keep and Bear Arms

• The Second Amendment reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

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Law and Order and the Rights of Criminal Defendants

• Due process rights– To protect the rights of people who have been accused of

a crime

– The Fourth, Fifth, Sixth, and Eighth Amendments include • protection from unreasonable search and seizure

• the right to a fair trial

• right to consult a lawyer

• freedom from self-incrimination

• knowing what crime you are accused of

• the right to confront your accuser

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The Fourth Amendment: Search and Seizure

• “Probable cause” needed to obtain a search warrant– Restriction is relaxed in schools or with

consent of the searched• Exclusionary Rule says that illegally obtained

evidence cannot be used in a trial– Subsequently weakened over time

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The Fourth Amendment

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The 5th Amendment:Self-Incrimination

• Miranda Rights– The list of civil liberties described in the Fifth

Amendment that must be read to a suspect before anything the suspect says can be used in a trial.

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Property Rights, “Takings” and the Fifth Amendment

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The Sixth Amendment: The Right to Legal Counsel and a Jury Trial

• Right to an attorney– Gideon v. Wainwright

• Right to a speedy trial

• Right to a trial by jury

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The Sixth Amendment: The Right to Legal Counsel and a Jury Trial

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The Eighth Amendment bars “Cruel and Unusual Punishment.”

• The Eighth Amendment bars “Cruel and Unusual punishment.”

• In 1972, the Supreme Court banned the death penalty in Furman v. Georgia.– Court reversed course in 1976 in Gregg v. Georgia after

states moved to a two-step process before applying the death penalty

• a guilt or innocence phase followed by a sentencing phase.

• “Proportionality” means that the Court has struck down punishments that were disproportionately cruel for the crime.

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Privacy Rights

• Privacy Rights – Liberties protected by several amendments in the

Bill of Rights that shield certain personal aspects of citizens’ lives from governmental interference.

THE FIRST AMENDMENT

FREEDOM OF RELIGION

FREE EXERCISE

ESTABLISHMENT

1ST AMENDMENT

FREEDOM OF EXPRESSION

FREEDOM OF SPEECH

FREEDOM TO PETITION THE GOVERNMENT

FREEDOM OF ASSEMBLY

FREEDOM OF THE PRESS

Political speech and symbolic

speechLess

protected forms of speech

THE FIRST AMENDMENT: POP QUIZ!

1. Which type of speech is strongly protected under the First Amendment?

a. political speechb. commercial speechc. obscenityd. libele. fighting words


1. Which type of speech is strongly protected under the First Amendment?

a. political speechb. commercial speechc. obscenityd. libele. fighting words


2. The First Amendment’s “establishment clause” says that the government cannot

a. establish categories of speech.b. prevent people from practicing their religion.c. ban offensive speech.d. create an official state religion.e. prevent people from peaceably assembling.


2. The First Amendment’s “establishment clause” says that the government cannot

a. establish categories of speech.b. prevent people from practicing their religion.c. ban offensive speech.d. create an official state religion.e. prevent people from peaceably assembling.

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Public Opinion Poll

Do you support limitations on some of our civil liberties (such as freedom of speech and search and seizure), if limits on these civil liberties may decrease the potential of a terrorist threat and increase our security?

a) Strongly support

b) Support

c) Oppose

d) Strongly Oppose

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Should the U.S. Congress pass legislation that makes it a crime to burn the U.S. Constitution?

a) Yes

b) No

Public Opinion Poll

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Should the U.S. Congress pass legislation that makes it a crime to display a noose in a threatening manner?

a) Yes

b) No

Public Opinion Poll

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Should a teacher in a public high school be allowed to begin his or her class with a prayer?

a) Yes

b) No

Public Opinion Poll

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Should a teacher in public high school be allowed to begin his or her class with the Pledge of Allegiance, which includes the statement “one nation, under God?”

a) Yes

b) No

Public Opinion Poll

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Do you believe the “freedom of speech” guaranteed by the First Amendment of the U.S. Constitution protects an individual’s right to use hate speech?

a) Yes

b) No

Public Opinion Poll

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Some extremist websites urge the destruction of the United States by “any means necessary.” Should the government attempt to regulate this type of expression?

a) No, this is constitutionally protected speech which the government should not regulate.

b) Yes, this is not constitutionally protected speech and the government should attempt to regulate it.

Public Opinion Poll

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There is quite a bit of discussion in American politics about the legality of abortion. Which one of the opinions below best agrees with your view on this issue?

a) Abortions should never be permitted.b) Abortions should be permitted in cases of

rape or incest, or if the woman's life is in danger.

c) Abortions should always be permitted.

Public Opinion Poll

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Do you believe that current Federal Communications Commission regulations on obscenities on TV are:

a) Too weak – there should be more regulation

b) Just right

c) Too strong – there should less regulation

Public Opinion Poll

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Chapter 4: Civil Liberties

• Practice quizzes

• Flashcards

• Outlines

wwnorton.com/studyspace

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Following this slide, you will find additional slides with photos, figures, and captions from the textbook.

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Civil Liberties

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Civil Liberties

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Gay Rights

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Civil Liberties

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Civil Liberties and Civil Rights

Education

Bianco Chapter 4