AP U.S. Government Timpanogos High School Unit No.4 Civil Liberties Targets

CIVIL RIGHTS & CIVIL LIBERTIES Target 4.1 AP U.S. Government Timpanogos High School

4.1 Competing Rights

AP U.S. Government Timpanogos High School 4.1 Define… Civil Liberties = Those Constitutional provisions that protect the rights and freedoms of individuals. Rights that are grounded in the Bill of Rights ( amendments 1-10) Civil Rights = Those rights that apply to historical oppressed groups (i.e. minorities) such as African Americans and Women. Rights grounded in the so called “Civil War” amendments (13-15), especially the due process and equal protection clause of the 14 th amendment.

4.1 Security v. Liberty How do we balance security & liberty? Secrecy AP U.S. Government Timpanogos High School

FREEDOM OF RELIGION Target 4.2 AP U.S. Government Timpanogos High School 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 peaceably to assemble, and to petition the government for a redress of grievances. – Amendment I Review Bill of Rights Basics: The First Amendment (Hip Hughes) Watch a Testy City Council Meeting

AP U.S. Government Timpanogos High School 4.2 Establishment & Free Exercise Clauses Religion Establishment clause “Congress shall make no laws respecting an establishment of religion... Free Exercise clause...nor prohibiting the free exercise thereof.” Separation of Church and State Separation of Church and State

4.2 Freedom of Religion AP U.S. Government Timpanogos High School Everson v. Board of Education (1947) Reimbursing parents for busing to parochial schools is a “non-religious” activity Engle v. Vitale (1962) Prohibits prayer in school even if its voluntary

4.2 Freedom of Religion AP U.S. Government Timpanogos High School

4.2 Freedom of Religion AP U.S. Government Timpanogos High School Lemon v. Kurtzman (1971) Lemon test secular purpose primary effect neither advances nor inhibits religion no excessive government entanglement Employment Division v. Smith (1990) Religion cannot be used to avoid compliance with valid law

FREEDOM OF EXPRESSION Target 4.3 AP U.S. Government Timpanogos High School

4.3 Speech AP U.S. Government Timpanogos High School Two kinds of speech: Pure speech and symbolic speech Speech that can be restricted: Seditious speech Defamatory speech Obscenity

AP U.S. Government Timpanogos High School 4.3 Sedition Alien and Sedition Acts (1798) Crime to utter or publish “any false, scandalous, and malicious writing” against government officials Espionage and Sedition Acts ( ) Espionage Act: Crime to do anything to impede the efforts of the U.S. military. Also, spying in time of war is considered a capital crime Sedition Act: Cannot utter or write any “disloyal, profane, scurrilous, or abusive” statements against the U.S. form of government or the Constitution, or anything intended to incite resistance to U.S. war efforts

4.3 Sedition The Smith Act (1940) Crime to willfully advocate the overthrow of the United States government AP U.S. Government Timpanogos High School

4.3 Sedition Schenck v. United States (1919) Convicted under the Espionage Act Clear and present danger test “The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” –Justice Oliver Wendell Holmes, Schenck v. United States

4.3 Selective Incorporation AP U.S. Government Timpanogos High School Gitlow v. New York (1925) Est. the “Dangerous Tendency” doctrine. Opened the door for incorporation Palko v. Connecticut (1937) Freedom of speech and thought are “Fundamental”

AP U.S. Government Timpanogos High School 4.3 Sedition: Beliefs v. Actions Belief………….Action (1950’s) Brandenburg v. Ohio (1969) Imminent lawless action

4.3 Sedition – Review Outline the trend of the Court regarding sedition using the cases below : Schenck … Gitlow … Palko … Yates … Brandenburg separate but equal | clear and present danger | imminent lawless action | action v. belief | the lemon test | dangerous tendency | thought and speech are fundemental AP U.S. Government Timpanogos High School

4.3 Prior Restraint New York Times v. United States (1973) Freedom of the press and national security The Pentagon Papers

AP U.S. Government Timpanogos High School 4.3 Defamatory Speech Libel and Slander Must be false Must be damaging Public figures... Actual Malice (New York Times v. Sullivan 1964)

4.3 What is Obscene? AP U.S. Government Timpanogos High School

4.3 Obscenity Miller v. California (1973) Test: “average person applying contemporary community standards” “Patently offensive” “Lacks literary, artistic, political, or scientific value”

AP U.S. Government Timpanogos High School 4.3 Symbolic Speech Tinker v. Des Moines (1969) Texas v. Johnson (1989)

SEARCH & SEIZURE Target 4.4 AP U.S. Government Timpanogos High School 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, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Amendment IV

Search and seizure Unreasonable Reasonable suspicion Probable cause  Search Warrants  Exclusionary rule 4.4 Search & Seizure

4.4 Fourth Amendment What are your rights?In School? AP U.S. Government Timpanogos High School Cops & Coyotes

AP U.S. Government Timpanogos High School 4.4 Search & Seizure Mapp v. Ohio (1961) Established the exclusionary rule Good Faith Exception Katz v. United States (1967) “Fourth amendment protects people, not places”

AP U.S. Government Timpanogos High School 4.4 Search & Seizure Technology and the Fourth Amendment Kyllo v. United States (2001)

AP U.S. Government Timpanogos High School 4.4 Post 911 Post 9-11 The NSA (Spy Factory Trailer) The NSA (Spy Factory Trailer) NSA Spying on American Citizens NSA Spying on American Citizens Bush Defends Warrantless Wiretapping Bush Defends Warrantless Wiretapping 4.4

RIGHTS OF THE ACCUSED Target 4.5 AP U.S. Government Timpanogos High School

4.5 Fifth Amendment Capital crime = Grand Jury Double Jeopardy Self incrimination Due Process …nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. - Amendment V

AP U.S. Government Timpanogos High School 4.5 Self Incrimination

AP U.S. Government Timpanogos High School 4.5 Sixth Amendment Public and speedy trial Informed of accusations Confront accusers Cross examination Compulsory means for obtaining witnesses In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.. - Amendment VI

AP U.S. Government Timpanogos High School 4.5 Eighth Amendment Cruel and unusual punishment Furman v. Georgia (1972) Gregg v. Georgia (1976)

AP U.S. Government Timpanogos High School