Presentation Transcript

1. Unit 5

   Civil Liberties
2. Section 1: The Bill of Rights and Fundamental Freedoms BILL OF RIGHTS
3. Balancing Rights vs. Interest of Public Good Examples: Freedom of assembly. You do NOT have the right to riot Example: Freedom of press. Should press have right to report on a criminal investigation if it threatens the accused’s right to a fair trial? Example: Right to bear arms. Does this mean anyone can own any weapon? How does the gov. try to balance individual rights with the public good? Pass laws Courts use judicial review

4. Section 2: First Amendment Rights:

   Freedom of Religion

5. The Establishment Clause

   “Congress shall make no law respecting an establishment of religion.” A. NO official religion B. NO favoring one religion over another C. We are too diverse for this D. “separation between church and state”—T. Jefferson
6. Court Cases
7. OYEZ—click on the links to read about the case McCollum v. BOE Engle v. Vitale Lemon v. Kurtzman
8. Freedom of Religion, continued Government Aid for Religion Parochial schools—schools run by churches or religious groups Some believe gov. money should go to parochials Taxpayers Tuition would be less—choice of schools Some believe gov. money should NOT go to parochials Families choose it $$$ would support religious education Currently—some money used for some services Ex: busing, special education teachers LEMON TEST NOW USED!!!!!!!!!
9. Taxes and Religion a. Property owned by churches is not taxed For: it taxed, the gov. could limit the freedom of religion Against: puts all tax burden on the non-exempt b. Custom and Religion “In God We Trust” Nativity scenes Opening Congress with prayer *all seen as OK—SC says they represent most Americans’ deeply held beliefs
10. The Free Exercise Clause “Congress shall make no law…prohibiting the free exercise of religion.” A person can choose his/her religion and beliefs Religious practices can be restricted if Threaten health and safety of others (Ex: bigamy, vaccinations/medicine)

11. Section 3: 1st Amendment Rights:

    Freedom of Speech and of the Press
12. Early Case *John Stubbs case: 1. 1579 he wrote a book criticizing a proposed marriage of Queen Elizabeth 2. his hand was cut off
13. **United States—freedom of speech guaranteed. However, individual rights must be balanced against other liberties.
14. Treason and Sedition Treason—act of aiding and comforting an enemy of the US Sedition—the use of language that encourages people to rebel against lawful gov. Both of these can be debated, depending on point of view Courts have had to balance individual rights vs. national security
15. Alien and Sedition Acts 1789 Made it illegal to say anything “false, scandalous and malicious” against the gov or its officials Many arrested Many felt this went against 1st Amendment Expired in 1801
16. Clear and Present Danger
17. Prior Restraint stopping someone from expressing an idea or providing infoThe gov. can not do this Established in Near v Minnesota, 1931 (Click on this note to read about the case) 1971—Pentagon Papers Court ruled The New York Times could publish this info that dealt with the Vietnam War
18. Trials Trials News reporters have used First Amendment guarantee of a free press to avoid giving testimony about the identities of their news sources or about info they have discovered in their work Courts have refused to accept the argument that the 1st Amendment protects media from naming their sources Branzburg v Hayes Reporters have to name their sources Shield laws: some states passed laws that allow reporters to protect the identity of their sources from state courts
19. OYEZ—click on the link to read about the case Branzburg v. Hayes
20. Libel Written defamation of a person Slander Spoken defamation of a person Obscenity—something sexually indecent and highly offensive Miller v California, 1973 Obscenity is material In which the major theme would be judged to appeal to indecent sexual desires by the average person applying “contemporary community standards” That shows in a clearly offensive way sexual behavior not allowed by state laws; and That is “lacking serious literary, artistic, political, or scientific value.” ***Very hard to prove obscenity—people’s standards vary.
21. OYEZ—click on the link to read about the case Miller v. California
22. Licensing Radio and TV have fewer 1st Amendment protections against gov actions than do newspapers They broadcast over airwaves owned by the public Federal Communications Commission (FCC)—gives licenses Violence/sex during certain hours TV Ratings System *with satellite and cable TV, things have changed over recent years False advertising Can not give false or misleading advertisements EX: can’t say a product has health benefits when it does not
23. Freedom of Speech and Individual Behavior Personal Conduct The following 3 cases deal with symbolic speech United States v O’Brien (1968) Burning draft cards was illegal Men did this to protest the Vietnam War Tinker v Des Moines (1969) Students had the right to wear black armbands to school in protest of the Vietnam War 1990—court ruled that people can burn the American flag in protest—freedom of expression
24. OYEZ—click on the link to read about the case United States v. O'Brien Tinker v. Des Moines
25. Hate Speech The expression of hatred or bias against a person, based on characteristics such as race, sex religion, or sexual orientation Tough to enforce—however today, there are harsher penalties for those who commit hate violence.
26. Section 4: Fundamental Freedoms Freedom of Assembly and Petition
27. Demonstrations and Protests These are very common Equal rights Abortion Honoring certain groups or causes PURPOSE??? Persuade gov officials and others to pursue certain goals These are protected by Bill of Rights Gov can set boundaries to protect rights of others
28. Assembly and Public Property Can not block streets, be too loud, etc For parades—must get a permit Police could end protests if they get violent End protests that could disrupt school activities Some protests allowed, even if unpopular Skokie case (1978) Skokie, Illinois Neo-Nazi parade Many in Skokie were Jews, including some who escaped the concentration camps Parade was allowed KKK rallies are allowed in not violent
29. OYEZ—click on the link to read about the case Skokie Case
30. Assembly and Private Property Protests are very restricted on private property Lloyd Corporation v Tanner 1972 Shopping mall Protestors trying to pass out literature opposing Vietnam War Court ruled mall owners could not allow them to do so
31. OYEZ—click on the link to read about the case Lloyd Corporation v. Tanner
32. Section 5: Assuring Individual Rights: Protecting Civil Liberties Due Process: gov. duty to follow fair procedures set by law when carrying out gov.functions courts decide whether gov has acted with due process. In other words, courts determine whether gov uses its police power reasonably
33. 2 types of due process
34. Due Process and the States Fifth amendment: protected people from federal government actions only (not from the states) After Civil War (1860’s) this changed 14th Amendment: everyone born in the US is a US citizen and therefore has the right of due process (including freed slaves) Added to this amendment are the words “the states may not deprive any person of life, liberty, or property, without due process of law.” Gitlow v. New York (1925)—established that the states MUST respect the fundamental freedoms guaranteed by the Bill of Rights In short, the due process clause limits the governments police power—or its authority to promote and to protect the health, safety, and welfare of the people. This power is exercised primarily by state and local governments. Ex: police officers have the police power to fight crime. However, they have to work within the framework of the Constitution on things like search and seizure—getting a warrant
35. OYEZ—click on the link to read about the case Gitlow v. New York
36. Protecting People From Government Intrusion ***4th Amendment—“the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
37. Security at Home Police must follow a certain set of rules if they want evidence to be used in a criminal trial Search warrant—allows police to enter homes and search for certain items Judge will only issue if “probable cause” shown If evidence collected without search warrant, evidence not allowed Exclusionary rule Mapp v. Ohio (1961)—extended this to state trials Exceptions Evidence ruled OK if the officer acted in “good faith” No warrant needed to search through garbage No warrant needed to search things “in plain view”
38. OYEZ—click on the link to read about the case Mapp v. Ohio
39. Personal Security 4th amendment prevents police from conducting unreasonable searches of people and their possessions Police can’t search someone for no reason Exceptions Court has allowed employee drug tests Police do not need search warrant to search autos, boats, etc These can be driven away! Sobriety checks
40. Security and Private Communications 4th amendment protections have been extended to private conversations Court used to allow wiretaps without warrants (Olmstead v. United States, 1928) 1967—this changed Court ruled that a warrant was needed for wiretaps
41. OYEZ—click on the link to read about the case Olmstead v United States
42. Student Rights School officials need “reasonable” grounds to search lockers, etc New Jersey v. T.L.O 14 year old caught smoking School officials searched purse and found marijuana Court ruled school can search to guard students’ health and safety and keep order
43. OYEZ—click on the link to read about the case New Jersey v. TLO
44. Protecting the Right to Privacy 1928—wiretapping was legal. Justice Louis Brandies wrote for the minority Said it was wrong for the gov. to wiretap without a warrant 1955—Supreme Court reversed itself Griswold v. Connecticut Dealt with birth control being illegal The Court said that such laws violated a married couple’s “zone of privacy created by several fundamental constitutional guarantees.” Another example: 1973 Roe v. Wade Abortion in the 1st 3 months
45. OYEZ—click on the link to read about the case Roe v. Wade
46. Section 6: Assuring Individual Rights: Rights of the Accused
47. Explanations Writ of Habeas Corpus Police must appear in court with the accused and show good reason to keep him or her in jail Bill of attainder The government may not pass laws directed at specific individuals The United States v. Lovett (1946) Ex Post Facto Laws The government may not pass laws that punish people for actins that were legal when they took place Grand jury A person accused of a federal crime must be brought before a panel of citizens who decide if the government has enough evidence to try him or her on formal charges Self-incrimination An accused person cannot be forced to proved evidence to support a criminal charge against himself of herself Miranda v. Arizona (1966) Police must inform criminal suspects of their rights Ernesto Miranda—confessed to rape after 2 hours of questioning Confession ruled not allowed because he was not read his rights
48. OYEZ—click on the link to read about the case Miranda v. Arizona
49. Section 6: Assuring Individual Rights: Ensuring Fair Trials and Punishments ***Government MUST respect a person’s right to a fair trial and must act fairly when punishing people convicted of crimes ***Which parts of the Constitution requires the government to respect the rights of a fair trial??? The Fifth, Sixth, Seventh, and Eighth Amendments! These give us the right to a speedy and public trial, the right to a trial by jury, the rights to an adequate defense, and restrictions on trying a person twice for the same crime.
50. Right to a Fair Trial—5 items 1. Speedy Trial 6th amendment The time period between the filing of formal charges and the start of a trial must be reasonable Accused is not in jail for extended period Evidence won’t be lost Extensions can be allowed by the judge to allow attorneys to gain more evidence Accused may be released on bail that is not excessive Once trial starts, bail money is returned (as long as accused shows up!)
51. Right to a Fair Trial—5 items 2. Public Trial Helps prevent abuses of the law How about televising trials??? OJ Simpson case For: it’s the public’s right to witness trials Against: this case was a circus! Everybody got to watch it and it could influence the court proceedings! *IN OJ CASE, THE JURY WAS SEQUESTERED!
52. Right to a Fair Trial—5 items 3, Trial by Jury 6th Amendment, 7th Amendment, and Article III, Section 2 guarantees the right to a trial by jury Petit Jury—decides cases 12 Trial must be held in the district in which the crime was committed Jury is a cross-section of the registered voters Can not be kept off jury because of race, sex, economic status, national origin, or religion Change of venue Accused can ask for change of venue They think they will not get a fair trial in their home town EX: Timothy McVeigh—blew up a government building in Oklahoma City His trial was moved to Denver Unanimous (all 12 jurors) verdicts needed to convict Bench trial Accused can waive right of trial by jury Judge decides the case Judge can refuse this
53. Right to a Fair Trial—5 items 4. Adequate Defense Sixth Amendment guarantees this right People accused of crimes have the right to Be informed of the charges against them Question witnesses against them in court Present their own witnesses in court, and Be represented by counsel—a lawyer 1932—Supreme Court ruled that the right to counsel was so critical in cases involving capital offenses that the government MUST provide lawyers for people who cannot afford them 1963 Gideon v. Wainwright Gideon accused of breaking into a pool hall with the intent to commit a misdemeanor. He was too poor to afford a lawyer, and requested that one be provided. Judge refused. He got 5 year sentence. Gideon mailed a petition about his case to the Supreme Court. Court said that Gideon’s 6th Amendment right was violated government MUST provide lawyer for anybody who can’t afford one 1973: Court extended the right to counsel even further Accused person cannot be sent to jail for any offense unless he or she has either been represented by counsel or voluntarily given up that right
54. OYEZ—click on the link to read about the case Gideon v. Wainwright
55. Right to a Fair Trial—5 items 5. Double Jeopardy—can not be tried twice for the same crime Fifth Amendment guarantees this right Can not be found innocent in state court, then tried again in federal court Can not be found guilty, then put on trial again to get a harsher penalty Does NOT INCLUDE Situation when a person breaks both a state and federal law If a jury does not give a verdict in 1st trial, you can be tried again
56. Fair Punishment—8th Amendment Cruel and Unusual Punishment What is cruel and unusual punishment? Whipping? Flogging? Quartering? Firing Squad? Electric Chair? Supreme Court says cruel and unusual punishment “is not fastened to the absolute but may acquire meaning as public opinion becomes enlightened by humane justice.” 1969—overcrowding in prisons included as cruel and unusual
57. Capital Punishment Is it cruel and unusual? Court said it is not cruel and unusual until the 1970’s Furman v. Georgia Court said capital punishment against the 8th Amendment Too many death penalty cases were influenced by race or other factors 1976 Gregg v. Georgia Georgia came up with a new system for death penalty cases 2 parts—both decided by the jury Conviction phase Penalty phase Also, the Supreme Court automatically reviews all death penalty cases
58. OYEZ—click on the link to read about the case Furman v. Georgia Gregg v. Georgia