Civil Liberties Protections Under the Bill of Rights

11 Civil Liberties Protections Under the Bill of Rights

Video: The Big Picture 11 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/MaglebyBrief_Ch11_Civil_Liberties_Seg1_v2.html

11 Learning Objectives Trace the roots of civil liberties in the original Constitution and their subsequent development in the Bill of Rights 11.1 Describe the First Amendment freedoms and the limitations on them 11.2

11 Learning Objectives Explain how the Constitution protects property rights 11.3 Distinguish between procedural and substantive due process 11.4

11 Learning Objectives Assess the kinds of behavior that may be covered by a constitutional right to privacy 11.5 Analyze the constitutional rights of criminal suspects 11.6

11 Learning Objectives Evaluate the roles of institutions and the people in protecting civil liberties 11.7

Video: The Basics 11 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_CivilLiberties_v2.html

The Basis for Our Civil Liberties 11.1 • Rights in the Original Constitution • The Bill of Rights and the States

Rights in the Original Constitution Habeas Corpus Protects citizens from illegal incarceration Other rights: Prohibitions: Bills of attainder, ex-post facto laws, titles of nobility, religious tests for public office Protections: Impairment of contracts, right to travel Guarantees: trial by jury, state republican government 11.1

11.1 TABLE 11.1: Rights in the Original Constitution

11.1 Detainee

The Bill of Rights and the States Bill of Rights Enumerates civil liberties Fourteenth Amendment Due process clause Selective incorporation Effect on federalism 11.1

11.1 FIGURE 11.1: Timeline of Selective Incorporation

11.1 11.1From which amendment does the due process clause get its power? • 2nd • 5th • 13th • 14th

First Amendment Freedoms 11.2 • Freedom of Religion • Free Speech and Free People • Protected Speech • Unprotected Speech • Freedom of the Press • Freedom of Assembly

Freedom of Religion The Establishment Clause Reaction to colonial experience Interpretations of “the Separation of Church and State” “Lemon” test Endorsement test Non-preferentialist test 11.2

Freedom of Religion The Free Exercise Clause Compelling interest determination 11.2

11.2 Nativity

Free Speech and Free People 11.2 • Action, Belief, and Speech • Illegal Speech • Libel • Obscenity • Supreme Court tests: • bad tendency test • clear and present danger test • preferred position doctrine

Protected Speech Prior restraint Censorship before publication National security exceptions Content/Viewpoint Neutrality Laws applying to all speech, views are generally ok 11.2

Unprotected Speech Libel Proof of actual malice required Obscenity Fighting Words Hate speech Intended to inflict injury or incite violence 11.2

11.2 Hate speech

11.2 Flag-burning

Freedom of the Press Reporter shield laws 2005 Judith Miller case Broadcast and Cable Communications Federal Communications Commission The Internet 11.2

Freedom of Assembly Occupy Wall Street Time, Place, and Manner Regulations Civil Disobedience is NOT a protected right 11.2

11.2 Ground Zero

11.2 11.2Which of the following is defined as published defamation? • Malice • Fighting words • Obscenity • Libel

Property Rights 11.3 • Constitutional Protections • Eminent Domain laws • Regulatory takings

11.3 11.3Which of the following empowers government to take private property with just compensation? • Forfeiture • Repossession • Regulatory takings • Eminent domain laws

Due Process Rights 11.4 • Procedural Due Process • Substantive Due Process

Procedural Due Process Refers to how law is applied Requires a process for hearings, inquiries, and judgments Originally used only for criminal cases Now applicable to most govt. proceedings 11.4

Substantive Due Process Limits governmental action Pertains mostly to “unjust” laws and the legislature Origins: U.S. Constitutional tradition Natural law 11.4

11.4 11.4From which amendments is the concept of due process drawn? • 1st and 14th • 1st and 4th • 1st and 5th • 5th and 14th

Privacy Rights 11.5 • Abortion Rights • Sexual Orientation Rights

Abortion Rights Roe v. Wade (1973) Extends privacy rights to women’s right to choose to have an abortion Established trimester framework Undue burden doctrine State allowed to make reasonable regulations Prohibitions of use of state funds for abortion services Parental notification Informed-consent laws and waiting periods 11.5

11.5 FIGURE 11.2: Public Opinion on Abortion Access

Sexual Orientation Rights Bowers v. Hardwick (1986) Rejected privacy as applicable to homosexual couples Lawrence v. Texas (2003) Struck down sodomy laws based on right to privacy 11.5

Video: Thinking Like a Political Scientist 11.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_CivilLiberties_v2.html

11.5 11.5In which year did the Supreme Court recognize privacy as a Constitutionally protected right? • 1972 • 1996 • 1985 • 1965

Rights of Criminal Suspects 11.6 • Freedom from Unreasonable Searches and Seizures • Fair Trial Procedures • The Death Penalty

Freedom from Unreasonable Searches and Seizures Exclusionary Rule Excludes evidence obtained unconstitutionally or illegally from criminal trials 11.6

11.6 Body scanners

Freedom from Unreasonable Searches and Seizures Right to Remain Silent Miranda Warning 11.6

11.6 Miranda

Civil Liberties Protections Under the Bill of Rights