Chapter 5 Civil Liberties

Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 1. Why do the courts play so large a role in deciding what our civil liberties should be? TO WHAT ENDS? TO WHAT ENDS? 1.Why not display religious symbols on government property? 2.If a person confesses to committing a crime, why is that confession sometimes not used in court? 3.Does the Patriot Act reduce our liberties?

ube.com/watch? v=BXGSPpSFWn 8 ube.com/watch? v=BXGSPpSFWn 8 ube.com/watch? v=BXGSPpSFWn 8 ube.com/watch? v=BXGSPpSFWn 8 Identify/explain the importance of Civil Liberties Identify/explain the importance of Civil Liberties Apply/predict=h ow has Civil liberties changed with the war on Terrorism? Apply/predict=h ow has Civil liberties changed with the war on Terrorism? Should we give up more civil liberties for public safety? Should we give up more civil liberties for public safety? Copyright © 2011 Cengage

Culture and Civil Liberties Rights in Conflict Rights in Conflict Cultural Conflicts Cultural Conflicts Applying the Bill of Rights to the States Applying the Bill of Rights to the States Due process of lawDue process of law Equal protection of the lawEqual protection of the law Selective incorporationSelective incorporation Start Warm-up Activity!Start Warm-up Activity! Copyright © 2011 Cengage

Rights in Conflict Bill of rights contains a list of competing rights and duties Bill of rights contains a list of competing rights and duties Ex. Disruptive student has a right not to be unjustifiable expulsion Ex. Disruptive student has a right not to be unjustifiable expulsion School’s have a right to maintain an orderly environment where learning can take place School’s have a right to maintain an orderly environment where learning can take place Copyright © 2011 Cengage

Rights in Conflict War usually has been a crisis that has restricted the liberty of some minority War usually has been a crisis that has restricted the liberty of some minority Ex. Espionage and Sedition Acts ( ) made it a crime to utter or write disloyal, profane, or abusive language intended to incite resistance to the US and curtail war production pg 99 examples Ex. Espionage and Sedition Acts ( ) made it a crime to utter or write disloyal, profane, or abusive language intended to incite resistance to the US and curtail war production pg 99 examples Copyright © 2011 Cengage

Cultural Conflicts US originally created by white European Protestants US originally created by white European Protestants Now, different ethnic, religious, and cultural differences among new immigrants Now, different ethnic, religious, and cultural differences among new immigrants Have different views on constitutionally protected freedoms Have different views on constitutionally protected freedoms Graph on page 100 Graph on page 100 Copyright © 2011 Cengage

Q1 The Supreme Court has upheld which of the following limits on free speech? The Supreme Court has upheld which of the following limits on free speech? I. laws against libel I. laws against libel II. Laws against speech that presents a clear and present danger II. Laws against speech that presents a clear and present danger III. Laws against flag burning III. Laws against flag burning IV. Laws against obscenity IV. Laws against obscenity A. I and II A. I and II B. I, II, and III B. I, II, and III C. II and IV C. II and IV D. I, II, and IV D. I, II, and IV E. I and IV E. I and IV Copyright © 2011 Cengage

A1 D. although the 1 st amendment protects freedom of speech, this right is not absolute. The court has upheld laws against libel, obscenity, and speech that presents a clear and present danger D. although the 1 st amendment protects freedom of speech, this right is not absolute. The court has upheld laws against libel, obscenity, and speech that presents a clear and present danger Copyright © 2011 Cengage

Q2 The KKK burns a cross at a rally across the street from a predominantly African-American Baptist church. The members of the church are offended by what they view as a hateful display. How would the courts most likely rule? The KKK burns a cross at a rally across the street from a predominantly African-American Baptist church. The members of the church are offended by what they view as a hateful display. How would the courts most likely rule? A. the 1 st amendment protects hate speech A. the 1 st amendment protects hate speech B. the 1 st amendment does not protect cross burning because it is intimidating B. the 1 st amendment does not protect cross burning because it is intimidating C. the 1 st amendment protects hate speech, but burning a cross is not speech and is not protected C. the 1 st amendment protects hate speech, but burning a cross is not speech and is not protected D. the 1 st amendment protects hate speech, unless a community decides to ban it D. the 1 st amendment protects hate speech, unless a community decides to ban it E. the 1 st amendment does not protect hate speech E. the 1 st amendment does not protect hate speech Copyright © 2011 Cengage

A2 A. The 1 st amendment protects unpopular and offensive speech, whether verbal or symbolic, such as burning a cross A. The 1 st amendment protects unpopular and offensive speech, whether verbal or symbolic, such as burning a cross Copyright © 2011 Cengage

Warm-up NSA DBIfP4jwuU DBIfP4jwuU DBIfP4jwuU DBIfP4jwuU Sen. McCain (R ) for the NSA Sen. McCain (R ) for the NSA YsZoqwRnKE YsZoqwRnKE YsZoqwRnKE YsZoqwRnKE Against NSA Against NSA Identify and Explain what the NSA does Identify and Explain what the NSA does Do you believe it is necessary? Infringes on our Civil liberties? Do you believe it is necessary? Infringes on our Civil liberties? Copyright © 2011 Cengage

Cultural conflict examples Warm-up (examples from yesterday) Warm-up (examples from yesterday) Discuss Discuss Copyright © 2011 Cengage

Cultural conflict examples Ex. Many Jewish groups find it offensive to display the nativity in front of government buildings during Christmas Ex. Many Jewish groups find it offensive to display the nativity in front of government buildings during Christmas Ex. English speaking people believe schools should teach and speak only English. Hispanics believe it should teach both/bilingual edu constitutionally required? Ex. English speaking people believe schools should teach and speak only English. Hispanics believe it should teach both/bilingual edu constitutionally required? Copyright © 2011 Cengage

Green Bay Copyright © 2011 Cengage

Applying the Bill of Rights to States At first, Bill of Rights only applied to federal government At first, Bill of Rights only applied to federal government Changed after the Civil War 14 th Amendment “no state shall “deprive any person of life, liberty, or property without due process of law” Changed after the Civil War 14 th Amendment “no state shall “deprive any person of life, liberty, or property without due process of law” Copyright © 2011 Cengage

Due process clause Denies the government the right, without due process, to deprive people of life, liberty, and property Denies the government the right, without due process, to deprive people of life, liberty, and property Copyright © 2011 Cengage

Equal protection of the law A standard of equal treatment that must be observed by the government A standard of equal treatment that must be observed by the government Copyright © 2011 Cengage

Selective incorporation Court cases that apply Bill of Rights to states Court cases that apply Bill of Rights to states All bill of rights apply to the states except for All bill of rights apply to the states except for 1. 3 rd amendment (quartering of troops) 1. 3 rd amendment (quartering of troops) 2. 5 th Amendment (right to be indicted by a grand jury before being tried for a series crime) 2. 5 th Amendment (right to be indicted by a grand jury before being tried for a series crime) Copyright © 2011 Cengage

Selective Incorporation 3. 7 th amendment (right to a jury trial in civil cases) 3. 7 th amendment (right to a jury trial in civil cases) 4. the ban on excessive bail and fines (8 th Amendment) 4. the ban on excessive bail and fines (8 th Amendment) Copyright © 2011 Cengage

Figure 5.1 Annual Legal Immigration, Copyright © 2011 Cengage Note: Figures for 1989 and 1990 include persons granted permanent residence under the legalization program of the Immigration and Reform and Control Act of Source: Office of Immigration Statistics, 2005 Yearbook of Immigration Statistics. (Washington, D.C.: Department of Homeland Security, 2006), p. 5.

W-up CNN student news CNN student news Identify the issues with the NSA Identify the issues with the NSA Do you believe the NSA has the right to ease drop on foreign countries politicians? Do you believe the NSA has the right to ease drop on foreign countries politicians? How would you respond if a country was doing that to us? How would you respond if a country was doing that to us? Copyright © 2011 Cengage

T-Q What was the result of the Supreme Court’s ruling in Miranda v Arizona? What was the result of the Supreme Court’s ruling in Miranda v Arizona? A. police officers must read a supsect his or her rights upon arrest; otherwise, the case against the defendant must be dismissed A. police officers must read a supsect his or her rights upon arrest; otherwise, the case against the defendant must be dismissed B. if a police officer fails to read a suspect his or her rights upon arrest, the suspect’s confession cannot be used in court B. if a police officer fails to read a suspect his or her rights upon arrest, the suspect’s confession cannot be used in court C. this case established the exclusionary rule that any illegally obtained evidence cannot be used in court C. this case established the exclusionary rule that any illegally obtained evidence cannot be used in court D. if a defendant is not read his or her rights upon arrest, a confession cannot be used in court unless it is given voluntarily D. if a defendant is not read his or her rights upon arrest, a confession cannot be used in court unless it is given voluntarily E. the confession of a defendant who has not been read his or her rights upon arrest may be used in court, but the defendant may bring a civil suit against the arresting officer. E. the confession of a defendant who has not been read his or her rights upon arrest may be used in court, but the defendant may bring a civil suit against the arresting officer. Copyright © 2011 Cengage

Answer B. under Miranda, if a suspect is not read his or her rights upon arrest, his or her confession cannot be used in court even if that confession was given voluntarily. B. under Miranda, if a suspect is not read his or her rights upon arrest, his or her confession cannot be used in court even if that confession was given voluntarily. Copyright © 2011 Cengage

T Q-2 May the government ban the use of peyote, even if it is part of a Native American religious ceremony? May the government ban the use of peyote, even if it is part of a Native American religious ceremony? A. no; this activity is protected under the Free Exercise Clause A. no; this activity is protected under the Free Exercise Clause B. no; this activity is protected under the Establishment Clause B. no; this activity is protected under the Establishment Clause C. no; the state and federal government do not have jurisdiction over Native American lands C. no; the state and federal government do not have jurisdiction over Native American lands D. yes; as long as the law only applies to religious ceremony D. yes; as long as the law only applies to religious ceremony E. yes; as long as the law is evenly applied to all E. yes; as long as the law is evenly applied to all Copyright © 2011 Cengage

T A 2 E. a law banning peyote, even in religious ceremonies; was upheld, because it applied to everyone and was not intended to target a specific religious gropu E. a law banning peyote, even in religious ceremonies; was upheld, because it applied to everyone and was not intended to target a specific religious gropu Copyright © 2011 Cengage

Q-3 A student walks into a classroom wearing a T-shirt with a drawing of cartoon characters engaged in sexually explicit behavior. The class erupts in laughter, greatly disrupting the lesson. May the school require the student to change shirts? A student walks into a classroom wearing a T-shirt with a drawing of cartoon characters engaged in sexually explicit behavior. The class erupts in laughter, greatly disrupting the lesson. May the school require the student to change shirts? A. yes, the T-shirt substantially interfered with the work and discipline of the school A. yes, the T-shirt substantially interfered with the work and discipline of the school B. no, because wearing a T-shirt is symbolic speech, protected by the Free Exercise Clause B. no, because wearing a T-shirt is symbolic speech, protected by the Free Exercise Clause C. no, because wearing a T-shirt is symbolic speech, protected by freedom of expression C. no, because wearing a T-shirt is symbolic speech, protected by freedom of expression D. yes, because schools may limit student speech in any way they see fit, including dress codes D. yes, because schools may limit student speech in any way they see fit, including dress codes E. no, because the shirt contained only cartoon characters and was not mean to be taken seriously E. no, because the shirt contained only cartoon characters and was not mean to be taken seriously Copyright © 2011 Cengage

A-3 A. Although students do not leave their 1 st amendment rights at the schoolhouse door and symbolic speech is protected by the 1 st amendment, schools may limit speech that is obscene. The T-shirt materially and substantially disrupted the education process. Copyright © 2011 Cengage

Interpreting and Applying the First Amendment Freedom of expression Freedom of expression Freedom of religion Freedom of religion Prior restraint Prior restraint Clear-and-present danger test Clear-and-present danger test Copyright © 2011 Cengage

Prior restraint Press is free from censorship/Newspapers face consequences of publishing bad information Examples?

Clear and present danger test Can’t punish speech unless”clear and present danger” producing harmful actions. “Can’t shout fire in a crowded theater” Other examples?

Thoughts?

Women picketed in front of the White House, urging President Warren Harding to release political radicals arrested during his administration. p. 104 Copyright © 2011 Cengage Bettmann/CORBIS

Copyright © 2011 Cengage What is Speech? Libel Libel Obscenity Obscenity Symbolic Speech Symbolic Speech A Ku Klux Klan member uses his constitutional right to free speech to utter “white power” chants in Skokie, Illinois, p Tim Boyle/Newsmakers/Getty Images

Libel Written statement that defames the character of another person Must prove it to be true Examples?

Obscenity 1 st amendment does not protect it Court’s have ruled that states regulate it. Ex. “Adult stores/materials”

“Symbolic speech”: when young men burned their draft cards during the 1960s to protest the Vietnam War, the Supreme Court ruled that it was an illegal act for which they could be punished. p. 108 Copyright © 2011 Cengage Bettmann/CORBIS

Symbolic Speech An act that conveys a political message You can’t give it the same protections Ex. Can’t burn a draft card out of protest  gov. has right to run military draft You can burn the flag, only do it for speech purposes

DQ Should you burn the American flag out of protest? Should you burn the American flag out of protest? What else should be banned with protesting? What else should be banned with protesting? Copyright © 2011 Cengage

Commercial and Youthful Speech Corporations  Corporations  Have 1 st amendment rights/fund politicians Have 1 st amendment rights/fund politicians Interest Groups Interest Groups Youth/less than adults Youth/less than adults Copyright © 2011 Cengage p. 109

Church and State The Free Exercise Clause: Congress shall make no law prohibiting the “free exercise” of religion The Free Exercise Clause: Congress shall make no law prohibiting the “free exercise” of religion Establishment Clause: Congress shall make no law “respecting an establishment of religion” Establishment Clause: Congress shall make no law “respecting an establishment of religion” Wall of Separation: Court ruling that government cannot be involved with religion Wall of Separation: Court ruling that government cannot be involved with religion Copyright © 2011 Cengage

Church and State Should prayer be allowed in public schools?

Copyright © 2011 Cengage

Crime and Due Process The Exclusionary Rule—>improperly gathered evidence may not be introduced in a criminal trial The Exclusionary Rule—>improperly gathered evidence may not be introduced in a criminal trial Copyright © 2011 Cengage

Mapp v Ohio Police broke into her home, looked for drugs, didn’t find them and arrested her for obscene photos No search warrant Supreme Court enforced exclusionary rule to protect constitutional guarantees Copyright © 2011 Cengage

Crime and due process Search warrant  judge order authorizing a search Probable cause  more than suspicion/reasonable cause for issuing a search warrant

In general police can search the following after arresting you You You Things in plain view Things in plain view Things or places under your immediate control Things or places under your immediate control Copyright © 2011 Cengage

Search warrant

Crime and due process Miranda Rule  pg 119

Copyright © 2011 Cengage p. 119

Copyright © 2011 Cengage Inside a cell at the terrorist prison in Guantanamo, where Muslim inmates receive a copy of the Koran, a chess set, and an arrow pointing toward Mecca. p. 119 JOE SKIPPER/ Reuters/ Corbis

The Threat Operations Center at the National Security Agency in Fort Meade, Virginia. p. 114 Copyright © 2011 Cengage JASON REED/Reuters/Landov

Patriot Act Designed to increase federal powers to investigate terrorists Designed to increase federal powers to investigate terrorists A. telephone taps=tap if court order, any telephone they may use A. telephone taps=tap if court order, any telephone they may use B. internet taps=court order internet communications B. internet taps=court order internet communications C. voice mail C. voice mail D. grand jury information=share with other gov. officials things learned in secret meetings D. grand jury information=share with other gov. officials things learned in secret meetings E. immigration-hold aliens up to 7 days without charging E. immigration-hold aliens up to 7 days without charging F. money laundering track money in any US borders F. money laundering track money in any US borders G. crime-elimates any statue of limitation on terrorist crimes, tougher penalties G. crime-elimates any statue of limitation on terrorist crimes, tougher penalties Copyright © 2011 Cengage

NSA FISA court=foreign intelligence surveillance act must approve NSA information gathering FISA court=foreign intelligence surveillance act must approve NSA information gathering Don’t need probably cause, rather just need to show a person is likely working for a foreign gov Don’t need probably cause, rather just need to show a person is likely working for a foreign gov Supreme Court hasn’t ruled on them Supreme Court hasn’t ruled on them Telephone and internet companies who aid in this program are exempt from lawsuits Telephone and internet companies who aid in this program are exempt from lawsuits Copyright © 2011 Cengage

MEMORANDUM To: Rebecca Saikia, Supreme Court justice From: David Wilson, law clerk Subject: Patriot Act and libraries The Patriot Act allows the FBI to seek the records of possible terrorists from banks, businesses, and libraries. Many libraries claim this will harm the constitutional rights of Americans. You support these rights, but are also aware of the need to protect national security. Copyright © 2011 Cengage WHAT WOULD YOU DO?

Arguments supporting the Patriot Act: 1. The Patriot Act does not target individuals who have not violated a criminal law and who do not threaten human life. 2. For the FBI to collect information about borrowers, it must first obtain permission from a federal judge. 3. Terrorists may use libraries to study and plan activities that threaten national security. Copyright © 2011 Cengage WHAT WOULD YOU DO?

Arguments against the Patriot Act: 1. Freedom of speech and expression are fundamental constitutional guarantees that should not be infringed. 2. The law might harm groups engaged in peaceful protests. 3. The law allows the government to delay notifying people that their borrowing habits are being investigated. Copyright © 2011 Cengage WHAT WOULD YOU DO?

Your decision: Uphold this provision? Overturn this provision? Copyright © 2011 Cengage WHAT WOULD YOU DO?

Confessions and Self-Incrimination Confessions and Self-Incrimination Relaxing the Exclusionary Rule Relaxing the Exclusionary Rule Terrorism and Civil Liberties Terrorism and Civil Liberties Searches without Warrants Searches without Warrants Copyright © 2011 Cengage Crime and Due Process

Copyright © 2011 Cengage