Chapter 4 Civil Liberties

Chapter 4: Civil Liberties

Defining Civil Liberties Civil liberties are basic political freedoms that protect citizens from governmental abuses of power.

Civil Liberties and Civil Rights

Civil Liberties: Balancing Interests and Drawing Lines A fundamental problem of civil liberties is how to balance competing interests such as security, military strategy, and liberty.

Civil Liberties: Balancing Interests and Drawing Lines

The challenge: When is the government engaging in an unconstitutionally excessive entanglement with religion?

Civil Liberties: Balancing Interests and Drawing Lines There are many issues related to automobiles and Fourth Amendment protection against “unreasonable search and seizure.” What justifies a highway stop? What constitutes probable cause for a search?

Origins and Evolution of American Civil Liberties: the Basics Bill of Rights and pre–Civil War Civil War amendments Due process clause Gitlow v. New York Selective incorporation

The First Amendment: Freedom of Speech, Assembly, and the Press Schenk v. U.S. “Clear and Present Danger” test Allows the government to restrict certain types of speech deemed dangerous Brandenburg v. Ohio “Direct Incitement” test

The First Amendment: Freedom of Speech, Assembly, and the Press Symbolic speech – nonverbal expression, such as the use of signs as symbols; it benefits from many of the same constitutional protections as verbal speech.

The First Amendment: Freedom of Speech, Assembly, and the Press Hate speech Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation Currently protected by First Amendment

The First Amendment: Freedom of Speech, Assembly, and the Press Prior restraint A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials Since the 1971 Pentagon Papers case, the Supreme Court has mostly discarded the government’s prerogative of prior restraint

Freedom of Religion Establishment clause Part of the First Amendment that states “Congress shall make no law respecting an establishment of religion,” which has been interpreted to mean that Congress cannot sponsor/endorse any religion Free exercise clause Part of the First Amendment stating that Congress cannot prohibit or interfere with the practice of religion

Freedom of Religion

The Second Amendment: the Right to Keep and Bear Arms The Second Amendment reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Law and Order and the Rights of Criminal Defendants Due process rights To protect the rights of people who have been accused of a crime The 4th, 5th, 6th, and 8th Amendments include: Protection from unreasonable search and seizure The right to a fair trial Right to consult a lawyer Freedom from self-incrimination Knowing what crime you are accused of The right to confront your accuser

The Fourth Amendment: Search and Seizure “Probable cause” needed to obtain a search warrant Restriction is relaxed in schools or with consent of the searched Exclusionary rule says that illegally obtained evidence cannot be used in a trial Subsequently weakened over time

The Fifth Amendment: Self-Incrimination Miranda rights The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything the suspect says can be used in a trial

Property Rights, “Takings” and the Fifth Amendment Fifth Amendment also includes the concept of “eminent domain” Kelo v. New London – a major recent case about the government’s “takings” power

The Right to Legal Counsel and a Jury Trial: Sixth Amendment Right to an attorney Gideon v. Wainwright Right to a speedy trial Right to a trial by jury

Eighth Amendment Bars “Cruel and Unusual Punishment” In 1972, the Supreme Court banned the death penalty in Furman v. Georgia. Court reversed course in 1976 in Gregg v. Georgia after states moved to a two-step process before applying the death penalty A guilt or innocence phase followed by a sentencing phase “Proportionality” means that the Court has struck down punishments that were disproportionately cruel for the crime.

Privacy Rights Privacy rights Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens’ lives from governmental interference.

THE FIRST AMENDMENT FREEDOM OF RELIGION FREE EXERCISE ESTABLISHMENT 1ST AMENDMENT FREEDOM OF EXPRESSION FREEDOM OF SPEECH FREEDOM TO PETITION THE GOVERNMENT FREEDOM OF ASSEMBLY FREEDOM OF THE PRESS Political speech and symbolic speech Less protected forms of speech

THE FIRST AMENDMENT: POP QUIZ! 1.Which type of speech is strongly protected under the First Amendment? a.political speech b.commercial speech c.obscenity d.libel e.fighting words

THE FIRST AMENDMENT: POP QUIZ! 1.Which type of speech is strongly protected under the First Amendment? a.political speech b.commercial speech c.obscenity d.libel e.fighting words

THE FIRST AMENDMENT: POP QUIZ! 2. The First Amendment’s “establishment clause” says that the government cannot a.establish categories of speech. b.prevent people from practicing their religion. c.ban offensive speech. d.create an official state religion. e.prevent people from peaceably assembling.

THE FIRST AMENDMENT: POP QUIZ! 2. The First Amendment’s “establishment clause” says that the government cannot a.establish categories of speech. b.prevent people from practicing their religion. c.ban offensive speech. d.create an official state religion. e.prevent people from peaceably assembling.

Public Opinion Poll Do you support limitations on some of our civil liberties (such as freedom of speech and search and seizures), if limits on these civil liberties may decrease the potential of a terrorist threat and increase our security? a)Strongly support b)Support c)Oppose d)Strongly Oppose

Public Opinion Poll Should the U.S. Congress pass legislation that makes it a crime to burn the American flag? a)Yes b)No

Public Opinion Poll Should the U.S. Congress pass legislation that makes it a crime to burn the U.S. Constitution? a)Yes b)No

Public Opinion Poll Should the U.S. Congress pass legislation that makes it a crime to display a noose in a threatening manner? a)Yes b)No

Public Opinion Poll Should a teacher in a public high school be allowed to begin his or her class with a prayer? a)Yes b)No

Public Opinion Poll Should a teacher in a public high school be allowed to begin his class with the Pledge of Allegiance, which includes the statement “one nation, under God?” a)Yes b)No

Public Opinion Poll Do you believe the “freedom of speech,” guaranteed by the First Amendment of the U.S. Constitution, protects an individual’s right to use hate speech? a)Yes b)No

Public Opinion Poll Some extremist websites urge the destruction of the United States by “any means necessary.” Should the government attempt to regulate this type of expression? a)No, this is constitutionally protected speech, which the government should not regulate. b)Yes, this is not constitutionally protected speech and the government should attempt to regulate it.

Public Opinion Poll There is quite a bit of discussion in American politics about the legality of abortion. Which one of the opinions below best agrees with your view on this issue? a)Abortions should never be permitted. b)Abortions should be permitted in cases of rape or incest, or if the woman’s life is in danger. c)Abortions should always be permitted.

Public Opinion Poll Do you believe that current Federal Communications Commission regulations on obscenities on TV are: a)Too weak; there should be more regulation b)Just right c)Too strong; there should less regulation

Chapter 4: Civil Liberties Practice quizzes Flashcards Outlines wwnorton.com/studyspace

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Civil Liberties