Longman PoliticalScienceInteractive Magleby & Light Government by the People Chapter 15 Civil Liberties Copyright 2009 Pearson Education, Inc., Publishing as Longman

Limits on Freedom of Expression Tinker v. Des Moines (1969): Students do not “shed their constitutional rights…at the schoolhouse gate” Morse v. Frederick (2007): Students may be punished for publicly unfurling a banner inscribed, “Bong Hits for Jesus” Copyright 2009 Pearson Education, Inc., Publishing as Longman

Rights in the Original Constitution Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Bill of Rights and the States Lawyers ask Supreme Court to interpret the due process clause in such a way as to protect individual rights against state and local governments Supreme Court refuses to incorporate a personal right until 1925 decision in Gitlow v. New York (1925) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Selective Incorporation and the Application of the Bill of Rights to the States Copyright 2009 Pearson Education, Inc., Publishing as Longman

Freedom of Religion Establishment Clause Exercise Clause “Congress shall make no law respecting an establishment of religion….” Exercise Clause “…or prohibiting the free exercise thereof.” Copyright 2009 Pearson Education, Inc., Publishing as Longman

Establishment Clause: Key Supreme Court Cases Everson v. Board of Education of Ewing Township (1947) “Wall of separation” Lemon v. Kurtzman (1971) Three-part “Lemon” test Zelman v. Simmons-Harris (2002) Tax money for private school vouchers Copyright 2009 Pearson Education, Inc., Publishing as Longman

Free Exercise Clause: Key Supreme Court Cases and Legislation Employment Division v. Smith (1990) Discards the compelling governmental interest test for overriding the interests of religious minorities Religious Freedom Restoration Act (1993) Attempted to override the Smith decision Copyright 2009 Pearson Education, Inc., Publishing as Longman

Free Speech and Free People Historical constitutional tests of free speech Bad tendency test Forbid speech that causes people to commit crime Clear and present danger test “Fire” Preferred position doctrine All 1st amendment rights to states Copyright 2009 Pearson Education, Inc., Publishing as Longman

Protected Speech Prior restraint is presumed unconstitutional Laws must be content (or viewpoint) neutral Copyright 2009 Pearson Education, Inc., Publishing as Longman

New York Times v. Sullivan Nonprotected Speech Libel Written defamation of another person; especially in the case of public officials and public figures, the constitutional tests designed to restrict libelous actions are very rigid Seditious libel Defaming, criticizing, and advocating the overthrow of the government New York Times v. Sullivan Copyright 2009 Pearson Education, Inc., Publishing as Longman

Miller v. California’s Obscenity Test Nonprotected and Protected Speech: Obscenity and Pornography Miller v. California’s Obscenity Test The basic guidelines for the trier of fact must be a) whether the “average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest; b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value Copyright 2009 Pearson Education, Inc., Publishing as Longman

Nonprotected Speech Fighting Words Commercial Speech Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence Commercial Speech Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads Copyright 2009 Pearson Education, Inc., Publishing as Longman

Freedom of the Press 1966 Freedom of Information Act In 2005, New York Times reporter Judith Miller was jailed for two months for refusing to disclose her sources to a grand jury Copyright 2009 Pearson Education, Inc., Publishing as Longman

Other Media and Communications Broadcast and Cable Communications Role of FCC The Internet Reno v. American Civil Liberties Union (1997) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Freedom of Assembly Reasonable restrictions on assemblies: Time Place Manner When can restrictions be put on First Amendment rights? Copyright 2009 Pearson Education, Inc., Publishing as Longman

Property Rights Eminent domain Regulatory takings (compensation for original purpose of land) Kelo v. City of New London (2005)(ecomonic development) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Due Process Rights Procedural due process: how a law is applied Substantive due process: limits what a government may do. Used when checking branches of government. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Privacy Rights Griswold v. Connecticut (1965) Abortion rights Personal privacy recognized as a constitutional right Abortion rights Roe v. Wade (1973) Planned Parenthood v. Casey (1992) Stenberg v. Carhart (2000) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Sexual Orientation Rights Bowers v. Hardwick (1986) Romer v. Evans (1996) Lawrence v. Texas (2003) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Rights of Criminal Suspects Freedom from unreasonable searches and seizures Fourth Amendment Search warrants Probable cause Exclusionary rule Exceptions Terry v. Ohio (1968) Border searches USA PATRIOT Act (2001) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Rights of Criminal Suspects The right to remain silent The Miranda warning Miranda v. Arizona (1966) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Rights of Criminal Suspects Fair trial procedures Grand jury Indictment Plea bargain Petit jury Impartial jury Peremptory challenges Appeals Double jeopardy Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Death Penalty 1960s-1970s: Ten-year moratorium Reinstated 1976 Copyright 2009 Pearson Education, Inc., Publishing as Longman