Unit VIB: Civil Liberties and Civil Rights Chapters 15 & 16
Key Terms to Know: Bill of Rights Civil liberties Clear-and-present danger doctrine Commercial speech Due-process clause Establishment clause Exclusionary rule Free-exercise clause Gitlow v. New York Incorporation doctrine Libel Mapp v. Ohio Miranda v. Arizona Patriot Act Obscenity Prior restraint Probable cause Search warrant Slander Symbolic speech Chpt. 15 Civil Liberties
Essential Questions to Answer: • How does politics and culture affect civil liberties? • How important is the first amendment? • What is speech? • Who is a person? • Is there separation between church and state? • What is due-process?
Civil Liberties versus Civil Rights • civil liberties involve restraining the government’s action against individuals • civil rights are rights all individuals share as provided for in the 14th amendment, which guarantees equal protection under the law
Civil Liberties • First Amendment of Bill of Rights • religion, speech, press, assembly, petition • Fourteenth Amendment • due process clause • incorporation—applying the Bill of Rights to the states • incorporation began in 1897 • most significant parts of Bill of Rights have been incorporated
The Constitutional Basis for Our Civil Liberties • Safeguards in the Original Constitution • Guarantee of Habeas Corpus • No bill of attainder • No ex post facto law • The Bill of Rights • Function is to protect the rights of minority groups against the will of the majority. • The Incorporation Issue
© 2004 Wadsworth Publishing / Thomson Learning™ Incorporating the Bill of Rights
Equality Concepts • Legal equality: law is the same for everyone • Equality of opportunity: everyone has same chance to use abilities, work hard, and succeed • Equality of conditions: guarantee of certain level of material conditions; most controversial
Religion: Establishment • Government is prohibited from officially establishing a religion • Questions regard the endorsing religion • 1962: no time for voluntary prayer in public school • 1963: no Lord’s Prayer in public school • 2000: no official prayer before high school football games
separation of church and state comes from the 1st Amendment establishment clause contemporary conflicts: state aid to church-related schools school voucher programs prayer in schools posting the Ten Commandments teaching evolution religious speech free exercise Freedom of Religion
Freedom of Religion • The Establishment Clause • Prayer in the Schools- Engel v. Vitale (1962) • Evolution versus Creationism- Epperson v. Arkansas • Aid to Parochial Schools- Lemon v. Kurtzman (1971) • The Free Exercise Clause • Belief and Practice are Distinct- Reynolds v. U.S. • Religious Practices and the Workplace- Title VII of the Civil Rights Act of 1964.
Freedom of Expression • permitted restrictions • speech that presents a “clear and present danger” • speech that might lead to some “evil” (the bad tendency rule) • no prior restraint • protected speech • commercial speech • symbolic speech
Freedom of Expression • unprotected speech • obscenity • child pornography • pornography on the Internet • slander • fighting words and heckler’s veto • campus speech
Freedom of Expression • Early Restrictions on Expression • Seditious speech - Dennis v. United States • Limited Protection for Commercial Speech • Limited protection provided by the First Amendment. • Unprotected Speech • Libel and Slander • “Fighting Words” • Obscenity - Miller v. California (1973) • 1998 Child Online Protection Act • 2000 Children’s Internet Protection Act • Go to: http://www.aclu.org
Unprotected Expression • “Fighting” words • Profanity • Obscenity • “prurient interest in sex” • no “literary, artistic, political, or scientific value” • Libel and slander • must be actual malice against public officials and figures
Freedom of the Press • press has some protection from libel charges • libel must be accompanied by actual malice • the press is now protected from gag orders during trials, except in unusual circumstances • radio and t.v. have much more limited 1st Amendment protections • they are subject to the equal time rule • they are subject to the personal attack rule
Freedom of the Press • Clear and Present Danger • Schenck v. United States • Bad-tendency Act • Gitlow v. New York • The Preferred-Position Doctrine • Prior Restraint • Censorship: The Court argued that the government cannot curb ideas before they are expressed. • Freedom of Assembly
The Right to Assemble and Petition the Government • protected by the 1st Amendment • can be limited by municipalities’ right to offer permits for marches • has been tested by anti-loitering ordinances aimed at reducing gangs from congregating • online security
Privacy Rights and Abortion • no explicit right to privacy in Constitution • Griswold v. Connecticut (1965) -- Supreme Court rules that privacy rights exist • comes from the 1st, 3rd, 4th, 5th and 9th Amendments • Roe v. Wade (1973) court rules that privacy rights include abortion rights • the Court has taken on a more restrictive view of the rights outlined in Roe
The Right to Privacy • Implied by the First, Third, Fourth, Fifth, and Ninth Amendments. • The Abortion Controversy • Roe v. Wade (1973) - woman’s right to terminate her pregnancy. • Do We Have the “Right to Die”? • Washington v. Glucksberg (1997) • Privacy Rights in an Infotech Age • Go to: http://www.cdt.org • Go to: http://www.epic.org/privacy
Other Privacy Rights • right to die • “living wills” • physician-assisted suicide • security issues after 9/11/01
Rights of the Accused • no unreasonable search and seizure • exclusionary rule • probable cause for arrest • no coerced confessions • no illegal interrogation • no entrapment • informed of rights, including silence • Miranda warnings
Rights of the Accused, (cont.) • writ of habeus corpus • prompt arraignment • legal counsel • Gideon V. Wainwright, 1963 • reasonable bail • informed of charges
Rights of the Accused, (cont.) • speedy, public trial before a jury • impartial jury representative of community • no compulsory self-incrimination • adequate counsel • no cruel or unusual punishment • right to appeal convictions • no double jeopardy
The Rights of the Accused Recap: • The Rights of Criminal Defendants • Fourth Amendment right against unreasonable search and seizure. • Fifth Amendment right against double jeopardy. • The Exclusionary Rule • Mapp v. Ohio (1961)- illegally obtained evidence is not admissible. • The Miranda Warnings • Fifth Amendment right against self-incrimination. • The Right to Counsel • Gideon v. Wainwright (1963)- If accused of a felony, an attorney must be made available at the government’s expense. • No Cruel and Unusual Punishment Clause • Eighth Amendment also prohibits excessive bail and fines. • Go to: http://supremecourtus.gov
© 2004 Wadsworth Publishing / Thomson Learning™ States that Allow the Death Penalty
The Politics of Homeland Security • Should We Carry National Identification Cards?
Americans at Odds over Civil Liberties • Should Hate Speech on Campus Be Banned? • Is America One Nation “under God”? • Should Americans Be More Concerned about the Erosion of Privacy Rights? • Go to: http://www.vote-smart.org/issues
Discussion • Why is the Fourteenth Amendment so important to civil liberties? • Should prayer be encouraged in public schools? • Should religious accounts of the creation of life be given equal time with evolution? • What are some important freedom-of-speech issues on campus? • Have the courts done too much to protect the rights of the accused, or not enough?
Bill of Rights Civil liberties Clear-and-present danger doctrine Commercial speech Due-process clause Establishment clause Exclusionary rule Free-exercise clause Gitlow v. New York Incorporation doctrine Libel Mapp v. Ohio Miranda v. Arizona Patriot Act Obscenity Prior restraint Probable cause Search warrant Slander Symbolic speech Review Key Terms: Generate a court case (fictional) that addresses ALL of the key terms below. Good Luck!
Essential Questions we Should Have Answered by Now: • How does politics and culture affect civil liberties? • How important is the first amendment? • What is speech? • Who is a person? • Is there separation between church and state? • What is due-process? Lets Tackle These: • Should it be all right for religious symbols to be displayed on government property? • If a person confesses to a crime, is there any reason why the confession should not be used in court? • How much can the government do to fight terrorism?
Key Terms to Know: Affirmative action Brown v. BOE Civil rights Civil Rights Act 1964 Civil rights movement De facto segregation De jure segregation 14th Amendment Freedom rights MLK, Jr. Montgomery bus boycott NAACP Nonviolent civil disobedience Plessy v. Ferguson Reasonableness standard Roe v. Wade Rosa Parks Separate-but-equal doctrine Sit-ins Strict scrutiny standard Swann v. Charlotte-Mecklenburg BOE Voting Rights Act 1965 Chpt. 16 Civil Rights
Essential Questions to Answer: • What was the “Black Predicament”? • How do the courts influence civil rights? • How does Congress influence civil rights? • What is the stance for women and equal rights? • What is affirmative action?
Civil Rights History • Constitution originally supported slavery • 1857 Dred Scott • 13th and 14th amendments • Jim Crow laws • 1896: separate but equal doctrine
Civil Rights History (cont.) • Segregation common in 20th century • 1910: NAACP forms • 1954: Brown v. Board of Education • Civil rights movement • Civil Rights Act of 1964 • Voting Rights Act of 1965 • Equal Rights Amendment not ratified