Civil Liberties

Recap State Budgets Limit- Balanced Budget Municipal Elections/Structure Intro To Civil Liberties

Civil Rights vs. Civil Liberties State of Nature Civil Liberty-rights and freedoms that the federal government cannot take away from you by constitution, law, or judicial interpretation Civil Rights-Positive actions governments take to protect individuals (or groups of individuals) from arbitrary discrimination by government/individuals Challenge- rights and liberties may conflict

Negative and Positive Liberties Negative- Prevents government from doing something to you Positive- government should somehow see that you are enabled to do something

Amendments 1 st - Religion, press, speech 2 nd - Guns 3 rd -Quartering Soldiers 4 th -8 th - Rights in Criminal Proceedings 9 th - reserves other rights 10 th - reserves power to states

9 th Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

14 th Amendment …No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United states nor deprive any person of life, liberty, or property without due process of law, nor deny…the equal protection of the laws …No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United states nor deprive any person of life, liberty, or property without due process of law, nor deny…the equal protection of the laws

14 th Amendment Substantive Due Process Tips balance towards states Tips balance towards states Rights can be abridged if state can show a compelling interest to do so Rights can be abridged if state can show a compelling interest to do so Incorporation Doctrine Selective Incorporation

The First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble and to petition the government for a redress of grievances

Religion-The Establishment Clause Constitution hints at separation of church and state Establishment clause prevents congress from establishing national religion School Prayer The Pledge Faith based initiatives Funding parochial schools

Religion- Free exercise clause Congress (and states) cannot keep people from worshipping as they choose Santeria and animal sacrifice MN and Halal Slaughterhouse Polygamy and Peyote Prisoners

Freedom of Speech Thoughts, words, actions Prior Restraint Symbolic Actions Prior Restraint

Limits On Freedom of Speech Alien and Sedition Acts Anti Government Speech LibelSlander

Limits on Freedom of Speech Obscenity Racist Speech? Hate crimes Dangerous speech/ideas? Direct Incitement

Limits on Freedom of Speech Free Speech Zones Public disturbance Bubble laws and abortion clinics

Freedom of the Press Independent press crucial to democracy Similar to free speech standards LibelSlander Prior Restraint Exception- Specific war coverage Exception- Specific war coverage Shield Laws

Freedom of Assembly Right to peaceably assemble Includes organizations and unions Important protection of political participation Government cannot interfere in private organizations Gay Boy Scouts Gay Boy Scouts Limitations on parolees

2 nd Amendment Right to Bear arms U.S v. Miller Brady Bill

The 4 th Amendment- Search and Seizure …The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause…

Search and Seizure Government cannot make random searches Police can search Person under arrest Person under arrest Things in plain view of accused Things in plain view of accused Places or things in immediate control of individual under arrest Places or things in immediate control of individual under arrest Cars Cars Stop and frisk

Search and Seizure Homes treated as private Things out in the open aren’t ConsentWarrants Drug Testing Parole/Probation

5 th Amendment “No person shall be compelled in any criminal case to bear witness against himself” Taking the fifth

Miranda v. Arizona Ernesto Miranda arrested for rape and kidnapping Questioned for hours until he admitted guilt ConvictedAppealed Coerced confession Coerced confession

Miranda Rights You have the right to remain silent Anything you say can be used against you in a court of law You have the right to have an attorney present now and during any future questioning If you cannot afford an attorney, one will be appointed to you free of charge if you wish Doesn’t keep you from cooperating, but reminds you of 5 th, 6 th amendment rights

Exclusionary Rule Applies to 4 th and 5 th amendments Weeks v. US (1914) Evidence or confessions obtained illegally inadmissible in court Fruits of a poisonous tree Inevitable discovery