For use with Keeping the Republic. Copyright © 2006 by CQ Press. Fundamental American Civil Liberties Chapter 5

For use with Keeping the Republic. Copyright © 2006 by CQ Press. In this chapter we will learn about The meaning of rights in a democratic society The Bill of Rights Freedom of religion Freedom of speech and of the press The right to bear arms The rights of people accused of crimes The right to privacy

For use with Keeping the Republic. Copyright © 2006 by CQ Press. Conflicting rights Rights conflict in two ways: Individual rights conflict –E.g., school prayer Individual rights vs. the good of society –E.g., drug laws

For use with Keeping the Republic. Copyright © 2006 by CQ Press. Solving conflicts about rights The courts Congress The president The people

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The Bill of Rights First ten amendments Opposed by Hamilton in Federalist No. 84 Supported by Anti-Federalists Eventually used as a compromise to help ratify the Constitution

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The establishment clause First Amendment guarantee that the government will not create and support an official state Separationists vs. accommodationists

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The free exercise clause First Amendment guarantee that citizens may freely engage in the religious activities of their choice Must have a “compelling state interest” to limit religious freedom (Sherbert v. Verner, 1963)

For use with Keeping the Republic. Copyright © 2006 by CQ Press. Value of freedom of expression Informed citizenry Watchdog for government Voice for the minority Preservation of the truth

For use with Keeping the Republic. Copyright © 2006 by CQ Press. Restrictions on sedition Bad tendency test Clear and present danger test Imminent lawless action test

For use with Keeping the Republic. Copyright © 2006 by CQ Press. Restricting other types of speech Symbolic speech Obscenity and pornography Fighting words and offensive speech

For use with Keeping the Republic. Copyright © 2006 by CQ Press. Freedom of the press Prior restraint Libel

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The right to bear arms In defense of the Second Amendment Protect hunting and other leisure activities Self-defense Protect family and property Not the government’s business to regulate gun use In opposition to the Second Amendment Arguments in favor don’t apply to the amendment Gun control leads to less violence and fewer gun- related deaths No right is absolute

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The rights of criminal defendants Protection against unreasonable searches and seizures –The exclusionary rule Protection against self-incrimination –The Fifth Amendment –Miranda rights

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The rights of criminal defendants, cont’d. Right to counsel –Gideon v. Wainwright (1963) Protection against cruel and unusual punishment –Furman v. Georgia (1972) –McClesky v. Kemp (1987)

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The right to privacy Reproductive rights –Griswold v. Connecticut (1965) –Roe v. Wade (1973) Gay rights –Bowers v. Hardwick (1986) –Lawrence v. Texas (2003)

For use with Keeping the Republic. Copyright © 2006 by CQ Press. The right to privacy, cont’d. The right to die –Suspending treatment E.g., Terri Schiavo case –The terminally ill E.g., The Oregon case

For use with Keeping the Republic. Copyright © 2006 by CQ Press. A Bill of Obligations? What should one look like? –Voting? –Military service? –Others?