Define the two terms, as best you can: Civil Liberties: Civil Rights: Civics - Civil Liberties v. Civil Rights Task #1: prepare to take notes. Task #2: complete the quick write within the first three minutes of the start of class. Define the two terms, as best you can: Civil Liberties: Civil Rights: (write them at the top of your notes)

Civil Liberties v. Civil Rights Civil Liberties: Rights that need protection FROM the government Reproductive rights, marriage, speech, privacy, etc. Civil Rights: Rights that need protection BY the government. Voting, citizenship (Bill of Rights)

Founding Documents Declaration of Independence - “that all men are created equal….unalienable rights, that among these are life, liberty, and the pursuit of happiness.” Constitution – framers believed in natural rights political theory…. individual enters into society with certain basic rights… no government can deny these rights

Bill of Rights Free speech, press, assembly, petition, religion Right to bear arms Prohibits quartering soldiers Restricts illegal search and seizures Provides grand juries, restricts eminent domain (gov can’t take private property unless compensation), prohibits forced self- incrimination, double jeopardy (can’t be charged for the same crime twice)

Bill of Rights 6. Outlines criminal court procedure (speedy and public trial) 7. Trial by jury 8. Prevent excessive bail and cruel and unusual punishment 9. Amendments 1-8 do not necessarily include all possible rights of the people. 10. Reserves for the states any powers not delegated to Fed. Gov‘t by Constitution

Other amendments that apply 14th Amendment - 1868 “privileges and immunities” – Constitution protects all citizens Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights Equal protection clause – Constitution applies to all citizens equally

What protects those liberties? JUDICIAL REVIEW Marbury v. Madison (1803) In Marbury v. Madison, the U.S. Supreme Court asserted its power to review acts of Congress and invalidate those that conflict with the Constitution.  (Constitutionality) E L J

Is all Legislative Action designed to limit our civil liberties? NO, but when it does, the Supreme Court strikes the legislation down. HOWEVER, sometimes laws can guarantee rights Ex. Civil Rights Act of 1964 Landmark piece of civil rights legislation that outlawed discrimination based on race, color, religion, sex, or national origin Ex. Voting Rights Act of aimed to overcome legal barriers…that prevented African Americans from exercising their right to vote under the 15th Amendment.

Civil Liberties And what the constitution says…

Religion “Establishment” clause – prohibits the gov’t from establishing an official church “Free exercise” clause – allows people to worship as they please

Free Speech DOES NOT mean that you can “say anything you want”… but pretty close Restrictions Threat to national security Libel – false written statement attacking someone’s character, with intent to harm Slander - false verbal statement attacking someone’s character, with intent to harm Obscenity – not protected, hard to define – Ex. Pornographic material (must pass Miller Test) Symbolic speech – action to convey a message Peaceful Gov’t may not prohibit an act of expression solely on the ground that it offends society.

Miller Test - The basic guidelines: whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest ... whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Quick Write What are ways in which your freedom of speech can be restricted?

Right to Privacy Not in the Constitution Griswold v. Connecticut (1965) … in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy…..a Connecticut "Comstock law" that prohibited any person from using "any drug, medicinal article or instrument for the purpose of preventing conception"…Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy”.

Right to Privacy cont. Roe v. Wade (1971) Supreme Court decided…that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion… must be balanced…protecting women's health and protecting the potentiality of human life.

Search and Seizure 4th Amendment Freedom from “unreasonable search and seizure” Prevent police abuse Ex. Mapp v. Ohio SCOTUS…overturned the conviction, and found that States were bound to exclude evidence seized in violation of the 4th Amendment

Self-incrimination 5th Amendment No one “shall be compelled to be a witness against himself.” Miranda v. Arizona 1966 Miranda Rights! “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

Right v. Right Most cases SCOTUS makes decisions that are not simple.. often pit two rights against each other Ex. – freedom of press v. national security

USA PATRIOT – Patriot Act Oct. 2001 "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism". ….roving wiretaps, searches of business records, and conducting surveillance of "lone wolves"—individuals suspected of terrorist-related activities . However, Section 215 of the law was amended to stop the NSA from continuing its mass phone data collection program.