CIVIL LIBERTIES Chapter 4

What Are Civil Liberties?  civil liberties: Those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of government to regulate.  Bill of Rights: First ten amendments to the Constitution, which provide basic political rights.  Natural (unalienable) rights: Rights that every individual has and that government cannot legitimately take away.  writ of habeas corpus: Right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal  incorporate: Process of applying provisions of the Bill of Rights to the states.  Selective incorporation: Doctrine used by the Supreme Court to make those provisions of the Bill of Rights that are fundamental rights binding on the states.  compelling interest test: Standard frequently used by the Supreme Court in civil liberties cases to determine whether a state has a compelling interest for infringing on a right and whether the law is narrowly drawn to meet that interest. Copyright © 2016 Cengage Learning. All rights reserved. 2

Constitutional Amendments That Pertain to Civil Liberties Copyright © 2016 Cengage Learning. All rights reserved. 3

Civil Liberties in Times of Crisis  From Revolution to Civil War  The Sedition Act  The World Wars  The Espionage Act  The Cold War and Vietnam  U.S. worried about communism  The War on Terror  The Patriot Act  Civil Liberties and American Values Copyright © 2016 Cengage Learning. All rights reserved. 4

The First Amendment and Freedom of Expression  Freedom of Speech  Advocacy of Unlawful Activities  Clear and present danger test- First Amendment test that requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has a right to prevent.  Fighting Words and Hate Speech  Cross burning by the KKK  Picketing at funerals of U.S. soldiers  College speech codes  Symbolic Speech- Actions, such as burning the flag, that convey a political message without spoken words.  Time, Place, and Manner Regulations  content-neutral: Free speech doctrine that allows certain types of regulation of speech, as long as the restriction does not favor one side or another of a controversy. Copyright © 2016 Cengage Learning. All rights reserved. 5

The First Amendment and Freedom of Expression  Freedom of the Press  Prior Restraint-- Government restrictions on freedom of the press that prevent material from being published.  Subsequent Punishment  Miller test for obscene materials-- Supreme Court test for determining whether material is obscene.  The Right of Association Copyright © 2016 Cengage Learning. All rights reserved. 6

Religious Freedom  free exercise clause: First Amendment clause protecting the free exercise of religion.  valid secular purpose: Supreme Court test that allows states to ban activities that infringe on religious practices as long as the state has a nonreligious rationale for prohibiting the behavior.  The Establishment of Religion  Congress cannot recognize one official church  Establishment clause:  First Amendment clause prohibiting governmental establishment of religion.  Lemon test:  Test for determining whether aid to religion violates the establishment clause. Copyright © 2016 Cengage Learning. All rights reserved. 7

The Right to Keep and Bear Arms  The Second Amendment  National Firearms Act 1934  Attempt to regulate gun ownership  Individual right to bear arms 2008  Following Sandy Hook School tragedy  39 bills to tighten access to guns  70 bills easing access to guns Copyright © 2016 Cengage Learning. All rights reserved. 8

Criminal Procedure  Investigations  Searches and Seizures  Fourth Amendment  Exclusionary Rule-- Supreme Court rule declaring that evidence found in violation of the Fourth Amendment cannot be used at trial.  Interrogations  Fifth Amendment  Miranda decision Copyright © 2016 Cengage Learning. All rights reserved. 9 This is a booking photo of Ernesto Miranda. His case led the Warren Court to require police to give arrested suspects “Miranda Warnings.”

Criminal Procedure  Trial Procedures  Right to counsel  Right to impartial jury  Verdict, Punishment, and Appeal  Double Jeopardy  Sentencing  Appeals Copyright © 2016 Cengage Learning. All rights reserved. 10

The Right to Privacy  Birth Control and Abortion  Established right to privacy-- Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy and reproductive rights, plus the right to end life-sustaining medical treatment.  1973 Roe v. Wade  Established national right to abortion  Modifications made in 1992 Copyright © 2016 Cengage Learning. All rights reserved. 11

The Right to Privacy  Homosexual Behavior  Lawrence v. Texas Supreme Court case extending the right to privacy to homosexual behavior.  The Right to Die  Does not include assisted suicide  Student Housing Copyright © 2016 Cengage Learning. All rights reserved. 12

Civil Liberties and Democracy  Congress and president have ways to hold Supreme Court accountable  Unlimited liberties can harm social order  Political tolerance essential to democratic stability  Political tolerance: Willingness of people to put up with ideas with which they disagree. Copyright © 2016 Cengage Learning. All rights reserved. 13