Title of Presentation

Title of Presentation

Civil Liberties Chapter 18 Colette Spencer NMBHS Civil Liberties v. Civil Rights Civil liberties protect people from the abuses of government Civil rights come about as a result of the equal protection under the law

However, both limit the power of govt Civil liberties are guaranteed in the Constitution, the Bill of Rights, other amendments and through court interpretation The Constitution The Constitution guarantees many civil rights: Writ of habeas corpus

informed of charges No bills of attainder cant be punished w/o trial Freedom of religion, press, speech, petition, and assembly No unreasonable search and seizure Protection against selfincrimination and double jeopardy Protections in criminal proceedings

14th Amendment expanded individual rights Supreme Court interpreted the due process clause to apply to state and local govts also Congress passes laws that set limits on one persons rights over another or balance rights of people with the interests of society Example: false advertising not protected under 1st Amendment

Federal court decisions protect rights through judicial review Freedom of Religion Two protections exist for freedom of religion: establishment clause and free exercise clause Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof Establishment Clause: No national religion

Cant favor one over the other Cant tax to support a religion The Supreme Court has helped define the parameters of this clause: Engel v. Vitale 1962 school sanctioned prayer is unconstitutional Abington School District v. Schempp 1963 no required reading of the Bible at the beginning of each day Lemon v. Kurtzman 1971 struck down law

reimbursing parochial schools for textbooks and salaries. Also established the Lemon Test: A law must: 1) have a primarily secular purpose 2) its principal effect must not aid or inhibit religion 3) it must not create excessive entanglement between government and religion Lynch v. Donnelly 1984 upheld the right of govts to celebrate Christmas with displays as long as secular displays were included

Edwards v. Aguillard 1987 Louisiana could not force public schools that taught evolution to also teach creationism Santa Fe Independent School District v. Doe 2002 overturned Texas law that allowed high school students to read a prayer at athletic events like football games Free Exercise Clause: Guarantees the right to practice any religion or no religion

Courts have said that the practice of beliefs may be restricted, esp. if they conflict with criminal law Reynolds v. US 1879 upheld federal law that prohibited polygamy Wisconsin v. Yoder 1972 ruled that Wisconsin could not require Amish children to go beyond the 8th grade due to beliefs Employment Division of Oregon v. Smith 1990 ruled that Oregon could deny unemployment benefits to workers fired for using drugs (peyote) as

part of a religious ceremony Freedom of Speech Different types: Pure speech most common, verbal, given most protection by courts Speech plus verbal and symbolic speech used together, like at a rally and then picketing; may be limited Symbolic speech using actions or symbols to convey ideas, like burning a draft card or flag; may

be restricted if it endangers the public Limits on free speech usually exist in the area of providing for national security 1798 Alien and Sedition Acts first laws that limited free speech expired in 1801 After the assassination of McKinley in 1901 and then WWI, the govt again began passing laws limiting speech: Schenck v. US 1919 he mailed fliers to draftees during

WWI to urge them to protest peacefully, convicted of encouraging disobedience of military orders; this speech not protected during wartime Gitlow v. New York 1925 Gitlow convicted in NY of advocating the forcible overthrow of the govt using violent means - courts applied protection of free speech to the states under the due process clause of the 14th Amendment Tinker v. Des Moines 1969 court ruled that wearing black armbands protesting the Vietnam War was

symbolic and protected by 1st Amendment Brandenburg v. Ohio 1969 Court made the clear and present danger test less restrictive by saying that using inflammatory speech could be punished only if there was imminent danger that the speech would incite an illegal act. Miller v. California 1973 Court established the Miller test setting standards for defining obscenity: 1) theme appeals to indecent sexual desires by applying contemporary standards

2) show in a clearly offensive way behavior outlawed by state law 3) lacks serious literary, artistic, political, or scientific value Texas v. Johnson (1989) Flag burning is a protected form of symbolic speech Since 1940s, Court has supported the following: 1st Amendment freedoms are more important than other freedoms because they provide a basis for those freedoms

Freedom of the Press Closely related to freedom of speech Basic interpretation comes down to: protecting a persons right to free speech vs. govt limiting it to protect the interests and safety of the country Near v. Minnesota (1931) Court applied the protections of free press to the states under the due process clause of 14th Amendment

New York Times v. Sullivan (1964) protected statements about public officials Defined what constitutes libel New York Times v. US (1971) using prior restrain, the Court refused to stop the publication of the Pentagon Papers Freedom of Assembly and Petition Applies to both public and private places Citizens can make their views known through

petitions, letters, picketing, demonstrations, parades and marches. Court has allowed the govt to set limits to protect rights and safety of others Dejonge v. Oregon (1937) said right of assembly was as important as other 1st Amendment rights DeJonge had right to organize a Communist Party and speak at meetings even though it advocated revolution Dennis V. US (1951) fear of Communism at the time resulted in upholding that Dennis had violated

the Smith Act by advocating the forcible overthrow of the govt Also used due process clause to apply it to states Courts have generally ruled: Govt may require groups to obtain a permit before marches or demonstrations Certain facilities (jails, schools, airports) may be restricted from demonstrations

Restrictions must apply to all groups equally Does not allow groups to use private property for its own use (buffer zone around abortion clinics) Police may disperse group to keep the peace or protect safety of others if demonstration become violent Property Rights Private property is protected by the due process clause of 5th and 14th Amendments Due process = govt acting in a fair manner

according to established rules 5th Amendment says govt cant take property without paying a fair price for it Eminent domain = govt can take property for public use but must give fair compensation for it Right to Privacy Constitution does not mention right to privacy But Court has mentioned it Griswold v. Connecticut (1965) 1st, 3rd, 4th, 9th and

14th Amendments created zones of privacy and enhanced concept of enumerated rights Roe v. Wade (1973) constitutional right of privacy for a women to determine whether to terminate a pregnancy Planned Parenthood v. Casey (1992) minors must wait 24 hours after getting parental permission to have an abortion also women do not have to inform spouses Rights of the Accused

4th, 5th, 6th, 8th Amendments and 14th Amendment to apply it to states 4th Amendment: Search and Seizure Mapp v. Ohio (1961) evidence obtained without a search warrant was excluded from trial in state courts used exclusionary rule Terry v. Ohio (1968) searches of criminal suspects for safety purposes are okay Nix v. Williams (1984) inevitable discovery rule evidence from an illegal search can be introduced if it can be shown that it would have been found

anyway 5th Amendment: Self-Incrimination Miranda v. Arizona (1966) suspects in police custody have rights and they must be informed of those rights. 6th Amendment: Right to an Attorney Powell v. Alabama (1932) due process clause of 14th Amendment guarantees death penalty defendants the right to an attorney

Betts v. Brady (1963) poor defendants in noncapital cases are not entitled to an attorney at the states expense Gideon v. Wainwright (1963) in state trials, people who cant afford an attorney will be provided one by the state Overturned Betts. v. Brady Escobedo v. Illinois (1964) extended exclusionary rule to confessions in state court cases

Escobedo Rule people have a right to an attorney when the investigation begins 8th Amendment: Cruel & Unusual Punishment Furman v. Georgia (1972) death penalty unconstitutional under existing state law because it was imposed arbitrarily Gregg v. Georgia (1976) death penalty constitutional because it was imposed based on circumstances of the case

Undefined Rights 9th Amendment called elastic clause of the Bill of Rights 10th Amendment is the basis for federalism US v. Lopez (1995) ruled that the Gun-Free School Zone Safety Act which made possession of a gun within 1000 yards of a school a federal crime unconstitutional

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