Civil Liberties And Public Policy

2. Civil Liberties And Public Policy 4

3. 4 Video: The Big Picture http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Edwards_Ch04_Civil_LIberties_Seg1_v2.html

4. 4 Edwards Learning Objectives Trace the process by which the Bill of Rights has been applied to the states 4.1 Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights 4.2

5. 4 Edwards Learning Objectives Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights 4.3 Describe the rights to assemble and associate protected by the First Amendment and their limitations 4.4

6. 4 Edwards Learning Objectives Describe the right to bear arms protected by the Second Amendment and its limitations 4.5 Characterize defendants’ rights and identify issues that arise in their implementation 4.6

7. 4 Edwards Learning Objectives Outline the evolution of a right to privacy and its application to the issue of abortion 4.7 Assess how civil liberties affect democratic government and how they both limit and expand the scope of government 4.8

8. 4 Video: The Basics http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_CivilLiberties_v2.html

9. America’s Population 4.1 • Bill of Rights – Then and Now • Bill of Rights and the States

10. Bill of Rights – Then and Now Popular support Added to Constitution by popular demand 4.1

11. 4.1 TABLE 4.1: The Bill of Rights

12. Bill of Rights – Then and Now Popular support Rights supported more in theory than practice Civil liberties are not absolute Limitations Balanced against other societal values 4.1

13. 4.1 The Ten Commandments

14. 4.1 Video: In Context http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilLiberties_v2.html

15. The Bill of Rights and the States First Amendment Applied to federal government only States had own bills of rights Barron v. Baltimore (1833) Fourteenth Amendment Gitlow v. New York (1925) Due process clause Incorporation doctrine Not all rights incorporated 4.1

16. 4.1 TABLE 4.2: The Incorporation of the Bill of Rights

17. 4.1 4.1 Which right was the first to be incorporated? • Freedom of religion • Freedom of speech • Freedom of Assembly • Freedom from excessive bail

18. 4.1 4.1 Which right was the first to be incorporated? • Freedom of religion • Freedom of speech • Freedom of Assembly • Freedom from excessive bail

19. Freedom of Religion 4.1 • Establishment Clause • Free Exercise Clause

20. Establishment Clause Education Religious Activities in Public Schools School Prayer Evolution Public Displays 4.2

21. Establishment Clause Education Lemon v. Kurtzman (1971) Aid to parochial schools Lemon Test Ok to use public funds for buildings, textbooks, and school lunches; NOT for teacher salaries Zelman v. Simmons-Harris (2002) Vouchers are constitutional General undertaking to provide educational opportunities to children Paid directly to the parents; parents then made the choice where to spend that voucher 4.2

22. Establishment Clause Religious Activities in Public Schools Equal access for religious groups Must fund religious student magazines if they fund secular ones Scholarships and instruction No state scholarship money for Theology degrees No posting of Ten Commandments on public school property Religious release ok as long as it takes place off campus School Prayer Most controversial issue 4.2

23. 4.2 School Prayer

24. Establishment Clause Evolution Creationism Trying again with “intelligent design” Public Displays Advancing religion v. legitimate historical purpose Holiday decorations Inconsistent rulings 4.2

25. Free Exercise Clause Belief versus practice Not all practices protected 4.2

26. 4.2 Muhammad Ali

27. Free Exercise Clause Belief versus practice Cannot violate rights of others Example case of the Amish Discrimination in employment Bob Jones University Strict scrutiny Compelling state interest Narrowly tailored 4.2

28. 4.2 4.2 Which of the following is not part of the Lemon test? • A law must neither advance nor inhibit religion. • A law must not foster government entanglement with religion. • A law must not impose costs on religious organizations. • A law must have a secular legislative purpose.

29. 4.2 4.2 Which of the following is not part of the Lemon test? • A law must neither advance nor inhibit religion. • A law must not foster government entanglement with religion. • A law must not impose costs on religious organizations. • A law must have a secular legislative purpose.

30. Freedom of Expression 4.3 • Prior Restraint • Free Speech and Public Order • Obscenity • Libel and Slander • Symbolic Speech • Free Press and Fair Trials • Commercial Speech • Regulation of the Public Airwaves • Campaigning

31. Prior Restraint Near v. Minnesota (1931) Unconstitutional censorship Does not apply to students Exception for national security 4.3

32. Free Speech and Public Order Schenck v. United States (1919) Wartime trade-offs “Clear and present danger” standard Dangerous or merely inconvenient? Anticommunism Smith Act (1940) prosecutions Forbade individuals from advocating for the violent overthrow of the US government 4.3

33. 4.3 Senator Joseph McCarthy

34. Free Speech and Public Order “Imminent lawless violence” standard Brandenburg v. Ohio (1969) 4.3

35. Obscenity Roth v. United States (1957) Obscenity not constitutionally protected But what is obscene? Miller v. California (1973) Appeals to prurient interest Patently offensive Lacking serious literary or artistic value Average people/local standards Regulating adult content 4.3

36. 4.3 Violent video game

37. Libel and Slander Defamation Libel = written Slander = spoken Standards for conviction high Public figures New York Times v. Sullivan (1964) Intentionally malicious Private individuals Defamatory falsehood Negligence 4.3

38. Symbolic Speech Examples of symbolic speech Wearing an armband Burning the U.S. flag Marching in a parade Limitations Burning draft cards Threats Burning a cross to intimidate minorities 4.3

39. Free Press and Fair Trials Can press coverage compromise the right to a fair trial? Courts have not upheld restrictions Trials are public Sequestering juries Zurcher v. Stanford Daily (1978) Journalists cannot withhold evidence Subject to search warrants 4.3

40. Commercial Speech and Regulation of the Public Airwaves Advertising Federal Trade Commission (FTC) No false claims Prohibitions on advertising legal services Federal Communications Commission (FCC) Licensing and regulations Not applicable to cable and satellite 4.3

41. 4.3 Howard Stern

42. Campaigning Election Campaign Act of 1971 Buckley v. Valeo (1976) Spending money to influence elections is protected speech McCain-Feingold Act (2002) Banned soft money contributions Banned certain advertising Citizens United v. Federal Election Commission (2010) 4.3

43. 4.3 4.3 What is the current standard for constitutionally protected speech? • The “imminent lawless violence” standard • The “I know it when I see it” standard • The “clear and present danger” standard • None of the above

44. 4.3 4.3 What is the current standard for constitutionally protected speech? • The “imminent lawless violence” standard • The “I know it when I see it” standard • The “clear and present danger” standard • None of the above

45. Explore the Simulation: You Are a Police Officer 4.3 http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=5

46. Freedom of Assembly 4.4 • Right to Assemble • Right to Associate

47. Right to Assemble Gathering to make a statement Conflict with public order Time, place, manner restrictions No viewpoint discrimination Fine line with harassment Abortion providers Westboro Baptist Church 4.4

48. 4.4 Ku Klux Klan

49. Right to Associate NAACP v. Alabama (1958) Membership lists protected Military recruiters Public schools cannot prohibit them 4.4

50. 4.4 4.4 What sort of restrictions can be placed on freedom of assembly? • Time • Place • Manner • All of the above