Chapter 5: Civil Liberties

Culture & Civil Liberties War is the most common crisis that lends itself to the restriction of liberties to some minorities. Examples Sedition Act (1798) Espionage & Sedition Act (1917-1918)

Culture & Civil Liberties Applying the Bill or Rights to the States 14th Amendment Due process is the protection of life, liberty, and property of the people. Equal protection of the law is a standard of equal treatment that must be observed by the government.

Culture & Civil Liberties Applying the Bill or Rights to the States Selective incorporation is the process by which the Supreme Court applied federal rights to the states.

Interpreting & Applying the First Amendment Basics Freedom of Expression is the right of the people to speak, publish, and assemble. Freedom of religion is the right of the people to exercise their religious belief and that the government cannot establish a state religion.

Interpreting & Applying the First Amendment Speech & National Security Prior Restraint Papers cannot be censored prior to what they publish. The paper or speaker must face the consequences of his statements.

Interpreting & Applying the First Amendment Speech & National Security Schenck v. US (1919) He was convicted of violating the Espionage Act. The Holmes court established the concept of clear- and-present danger which allows the punishment of speech if it proposes or can produce a negative output. Charles Schenck

Interpreting & Applying the First Amendment Speech & National Security Gitlow v. New York (1925) Gitlow was convicted of violating New York’s sedition law by handing out pamphlets advocating the overthrow of NY’s government. The Supreme Court upheld the conviction stating that the 1st Amendment though guaranteed at the state level could be violated if it created a “dangerous tendency.” Benjamin Gitlow

What is Speech? Libel/Slander Libel occurs when someone defames someone in writing. Slander occurs when someone defames another in speech. When a public figure is involved, the question become whether “actual malice” was intended.

What is Speech? Obscenity Has been one of the hardest to define under free speech. Justice Potter Stewart who objected “hard-core pornography) admitted the best definition he could offer was “I know it when I see it.”

What is Speech? Symbolic Speech This is when an act is intended to convey a message. Examples Burning of the American Flag Burning of draft cards.

Church & State Free–Exercise Clause states that the government cannot prevent the free-exercise of practice of religion.

Church & State Establishment Clause This means any law that attempts to establish a state religion is forbidden. “Wall of separation” is where church and state are to remain separate.

Crime & Due Process The Exclusionary Rule The rule states that evidence that is gathered improperly is inadmissible. Mapp v. Ohio (1961) was the first use of the exclusionary rule. Dollree Mapp

Crime & Due Process Search & Seizure A judge authorizing the search of a specified area issues a search warrant; it must also include what is being sought out. Probable cause in issuing a warrant or during an arrest must show good reason for doing so.

Crime & Due Process Confessions & Self-Incrimination has been defined by the Miranda v. Arizona (1966) Confessions are regarded as involuntary if the individual has not been informed of their rights. Suspects must be told they have a right to an attorney and the right to remain silent. Ernesto Miranda

Crime & Due Process Good-faith exception occurs when an error has been made in gathering evidence and a judge believes the error is minor enough to admit the evidence.