Chapter Four: Civil Liberties

Learning Outcomes LO 1 Describe the Bill of Rights and how it came to be applied to state governments as well as the national government. LO 2 Explain how the First Amendment’s establishment clause and free exercise clause guarantee our freedom of religion. LO 3 Specify the limited circumstances, including obscenity and slander, in which the national and state governments may override the principles of free speech and freedom of the press. LO 4 Provide the constitutional basis of the right to privacy, and explain how the principle has been applied to the abortion and right-to-die controversies. LO 5 Identify the constitutional rights of those who are accused of a crime, describe the Miranda and exclusionary rules, and cite examples of how recent security concerns have affected our civil liberties. Copyright © 2015 Cengage Learning 2

The Bill of Rights Extending the Bill of Rights to State Governments States weren’t limited at first Incorporation of the Fourteenth Amendment Copyright © 2015 Cengage Learning 3

Freedom of Religion The Separation of Church and State—The Establishment Clause Aid to Church-Related Schools Lemon v. Kurtzman School Vouchers Do not violate establishment clause Copyright © 2015 Cengage Learning 4

Freedom of Religion The Separation of Church and StateThe Establishment Clause The issue of school prayer—Engel v. Vitale The debate over school prayer continues Forbidding the teaching of evolution Religious displays on public property Copyright © 2015 Cengage Learning 5

These high school students pray around the school flagpole before classes in Lufkin, Texas. Do their actions violate the separation of church and state? Copyright © 2015 Cengage Learning 6

Freedom of Religion The Free Exercise Clause Government acts when religious practice works against public policy or welfare Churches are tax-exempt Copyright © 2015 Cengage Learning 7

Freedom of Expression No Prior Restraint Censorship New York Times v. United States (1971) Pentagon Papers Public right to information; press right to inform Copyright © 2015 Cengage Learning 8

Freedom of Expression The Protection of Symbolic Speech Tinker v. Des Moines School District (1969) Flag Burning Cross Burning Copyright © 2015 Cengage Learning 9

The national Christmas tree and the national Hanukkah menorah share space on the Ellipse in Washington, D.C. Why is this joint display constitutional? Copyright © 2015 Cengage Learning 10

Freedom of Expression Protection of Commercial Speech Not protected until 1970s Copyright © 2015 Cengage Learning 11 This ad for cigarettes appeared in Despite protection of commercial speech, it would be impossible for such an ad to appear today. Why?

Freedom of Expression Attempts to Ban Subversive or Advocacy Speech Clear and Present Danger Test The Bad Tendency Rule Gitlow v. New York (1925) The Imminent Lawless Action Test Brandenburg v. Ohio (1969) Copyright © 2015 Cengage Learning 12

Freedom of Expression Unprotected Speech: Obscenity Definitional Problems Material is obscene if violates four-part test Miller v. California (1973) Protecting Children States can outlaw possession of child pornography in the home Pornography on the Internet Copyright © 2015 Cengage Learning 13

Freedom of Expression Unprotected Speech: Slander Individuals are protected from defamation of character Slander: public uttering of false statement that harms the reputation of another Copyright © 2015 Cengage Learning 14

Freedom of Expression Student Speech Rights of public school students College student activity fees University of Wisconsin case Campus speech and behavior codes Copyright © 2015 Cengage Learning 15

A librarian at a middle school in Durham, North Carolina, holds up The Lorax by Dr. Suess. Some people demanded that the book be removed from school libraries because it allegedly portrays the foresting industry in a negative way. Why do some believe that it is appropriate to limit what public school students can read? Copyright © 2015 Cengage Learning 16

Freedom of Expression Freedom of the Press Defamation in writing – libel New York Times Co. v. Sullivan (1964) A free press versus a fair trial: Gag orders Copyright © 2015 Cengage Learning 17

Freedom of Expression Freedom of the Press Films, Radio, and TV 1952 – films covered by first amendment Immediate protection of Internet FCC regulates TV and radio because of pervasiveness in homes Copyright © 2015 Cengage Learning 18 Rush Limbaugh

Civil Liberties and Political Protest Copyright © 2015 Cengage Learning19 Click picture to play video

Civil Liberties and Political Protest Taking a closer look: 1. Why is political protest considered a guaranteed liberty in the United States? 2. What did the protestors here hope to accomplish? Were they successful? 3. When does protest become unlawful? Copyright © 2015 Cengage Learning20

The Right to Privacy Griswold v. Connecticut (1965) Overthrew law banning use of contraceptives Privacy Rights and Abortion Roe v. Wade (1973) Outlawing abortion violates right to privacy The Controversy Continues “Partial-Birth” Abortion Copyright © 2015 Cengage Learning 21

This protester stands in front of the Planned Parenthood center in Aurora, Illinois. What limits are placed on anti-abortion protesters? Copyright © 2015 Cengage Learning 22

The Right to Privacy Privacy Rights and the “Right to Die” Karen Ann Quinlan (1976) Cruzan v. Director, Missouri Department of Health (1990) What if there is no living will? Physician-assisted suicide Copyright © 2015 Cengage Learning 23

The Great Balancing Act: The Rights of the Accused Versus The Rights of Society Rights of the Accused Limits on conduct of prosecutors Defendant’s pretrial rights Trial rights Copyright © 2015 Cengage Learning 24

The Great Balancing Act: The Rights of the Accused Versus The Rights of Society Extending the Rights of the Accused Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Exceptions to the Miranda rule The Exclusionary Rule Copyright © 2015 Cengage Learning 25

The Great Balancing Act: The Rights of the Accused Versus The Rights of Society Civil Liberties versus Security Issues The USA Patriot Act “Roving” wiretaps National Security Agency surveillance Recent revelations of NSA activity Copyright © 2015 Cengage Learning 26

The Great Balancing Act: The Rights of the Accused Versus The Rights of Society National Security and the Civil Liberties of Immigrants Limits to the Rights of Deportees Due Process Freedom of Speech Ex Post Facto Laws Copyright © 2015 Cengage Learning 27