Core Issues For Courts Is the law fair and reasonable and within scope of government – substantive due process Are the safeguards, practices and processes followed- procedural due process.

Procedural Due Process Warrants and probable cause No self-incrimination, right to remain silent Right to an attorney and bail hearing Plea bargaining and immunity Indictment- grand jury Speedy and public trial before peers (petit jury) Question and present witnesses No double jeopardy for same crime No cruel or unusual punishment

Broad Areas: Civil Liberties versus Civil Rights Civil Liberties - restrains government’s actions against individuals. Person may or may not be a citizen. Civil Rights are practices/processes granted to citizens. (14 th amendment - equal protection under the law)

4 Civil Liberties in 1 st Amendment Freedom of Religion Freedom of Speech Freedom of Press Freedom to Assemble

Freedom of Religion Two Provisions in 1 st Amendment Regarding Religion 1.Separation of Church and State 2.Free Exercise of Religion

Separation of Church and State 1st amendment “establishment clause” forbids use of government to advance or impede religion and/or religious beliefs.

Establishment Issues Everson v. Board of Education (1947) –$ to bus children to parochial schools Lemon v. Kutzman (1971) –$ to pay for courses using public school materials and instructors at parochial school Rosenberger v. University of Virginia (1995) –$ to pay for religious magazine from student fees

Related Issues School vouchers (public $) to attend parochial schools School prayers- e.g. in class, sporting events, graduation Teaching evolution vs. “intelligent design”

Freedom of Religion Free Exercise –religious practices (within reason) cannot be prohibited and/or restricted by the government

Free Exercise Welsh v. U. S. (1970) –Service in the armed forces Employment Division of Oregon v. Smith (1990) –Use of peyote in sacramental ritual Church of Lukumi Babalu Aye v. City of Hialeah (1993) –Animal Sacrifice rituals

Freedom of Expression (Speech) Court limitations and doctrines “clear and present danger” – yelling fire in crowded theater speech that leads to “bad action” –the bad tendency rule fraudulent advertising obscenity e.g. child pornography

Roth v. United States (1957) -- Federal law prohibiting distribution of “obscene” material through the mail Miller v. California (1973) -- State law prohibits the mailing of sexually explicit material National Endowment of the Arts v. Finley (1998) --Congressional limitations on NEA funds Freedom of Expression Cases

Freedom of the Press No prior constraint of press Press protected from libel--Except where malice can be proven. Press protected from gag orders during trials –some exceptions Radio and T. V. enjoys less latitude with 1 st amendment protections

Press Cases Gitlow v. People of New York (1925) Advocating overthrow of government by violent and unlawful means protected speech? Near v. Minnesota (1931) Can court stop publication of scandalous article? New York Times v. U. S. (1971) Can government stop publication of Pentagon documents?

Right to Assemble and Petition the Government Yates v. United States (1957) -- Advocating overthrow of government protected Shelton v. Tucker (1960) --Public school teachers filing affidavit of organizations violates right of association

Privacy Rights and Abortion 1 st + 3 rd + 4 th + 5 th +9 th +14 th = Roe v. Wade (1973) Reproductive rights – Griswold v. Connecticut (1965) Court more restrictive regarding rights in Roe today – Webster v. Reproductive Health Services (1989)

Rights of the Accused and of the Community Standards for Police Officer and Prosecutor’s Conduct Defendant ’ s Pre-Trial Rights Trial Rights

Cases Regarding the Accused Gideon v. Wainwright (1963) --right to counsel Miranda v. Arizona (1966) --right to know rights and remain silent Mapp v. Ohio (1961) -- warrant-less search and evidence Terry v. Ohio (1968) --police discretion and probable cause

You Be the Judge Case Arguments pro and con ‘Decision of the judges’ Basis for decision/dissent Participant names QUESTIONS?