Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Civil Liberties and Public Policy Chapter 4 Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Civil liberties are personal guarantees and freedoms that the GOVERNMENT cannot abridge
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Bill of Rights The Bill of Rights: first 10 amendments, which protect basic liberties, such as religion and speech
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Bill of Rights Debate over necessity at Constitutional Convention. Guarantees specific rights and liberties to indviduals.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Civil Liberties are Relative You can not do whatever you want whenever you want You can not harm others, society, or yourself
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. 14 th amendment applies the Bill of Rights to states (mostly true)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
The Bill of Rights and the States Written to restrict the national government “Congress shall make no law…” Barron v. Baltimore (1833) Now restricts state and local governments 14 th Amendment “due process” clause Protection of speech first incorporated to states Gitlow v. New York (1925)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Freedom of Religion The Establishment Clause “Congress shall make no law respecting the establishment of religion…”
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Separation of Church and State
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Engle vs Vitale (1962) SCOTUS ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Religion Lemon v. Kurtzman (1971 No Excessive Entanglement
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Religion The Establishment Clause School vouchers are constitutional Zelman v. Simmons-Harris (2002) Cleveland, Ohio vote
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Religion Displays of the Ten Commandments?
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Religion The Free Exercise Clause Prohibits government from interfering with the practice of religion
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Religion –If religious practices conflict with other rights, may then be denied or punished Employment Division v. Smith (1988)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Expression Prior Restraint – a government preventing material from being published; censorship; unconstitutional Near v. Minnesota (1931)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Expression Free Speech & Public Order – Schenck v. US (1919) Speech is limited if it presents a “clear and present danger.” Can not incite anyone to imminent lawless action
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Schenck’s anti-registration pamphlet
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Expression Free Press and Fair Trials –TV coverage of trials permissible The public has a right to know what happens Can not influence fairness of the trial
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Expression Obscenity – Miller v. California (1973) –No clear definition on what constitutes obscenity –Decisions on obscenity are based on local community standards.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Expression Libel The publication of false or malicious statements that damage someone’s reputation
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. New York Times v. Sullivan (1964) Statements about public figures are libelous only if made with reckless disregard for truth. Satire, mockery allowed
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Expression Slander The saying of false or malicious statements that damage someone’s reputation
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Expression Fighting Words Words generally expressed to incite violence (speaker’s intent)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Freedom of Expression Symbolic Speech (nonverbal communication) Generally protected along with verbal speech
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Tinker v. Des Moines (1969) Free speech in schools
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Limits to student free speech Hazelwood v. Kuhlmeier (1988) School can edit / censure newspapers
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Morse v. Frederick (2007) Student speech may be limited off school grounds.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Texas v. Johnson (1989) Flag Burning protected
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Commercial Speech Communication in the form of advertising The most restricted form of speech (Federal Trade Commission)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Commercial Speech Regulation of the Public Airwaves Broadcast media must follow Federal Communication Commission regulations. Rules to promote a compelling social interest United States v. Playboy Entertainment Group (2000)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Assembly Generally permissible to gather in a public place, must meet reasonable local standards TIME, PLACE, MANNER restrictions allowed Balance between freedom and order
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Freedom of Assembly Right to Associate Freedom to join groups without government interference NAACP v. Alabama (1958)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. As passed by the Congress: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. As ratified by the States: A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed. Right to Bear Arms – 2 nd Amendment
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Right to Bear Arms Militia Clause: –Gun Control advocates of gun control argued that the Second Amendment applied only to the right of states to create militias.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Right to Bear Arms D.C. v. Heller (2008, 5-4 vote) –Individual right to possess a firearm unconnected with service in a militia. –Use that arm for traditionally lawful purposes, such as self-defense within the home. –No incorporation b/c DC not a ‘state’.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Right to Bear Arms McDonald v Chicago (2010, 5-4 vote) allows Incorporation? –Limits “gun laws” by states and cities –2 nd amendment –14 th Amendment Due Process Clause (incorporation)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Right to Bear Arms Common National, State, Local Gun Laws –Background checks –Limited the sale of certain types of weapons. –Safe storage requirements Courts have usually upheld these. Conceal carry more popular since 2008
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
The Right to Keep and Bear Arms
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Defendants’ Rights Amendments 4, 5, 6, 7, and 8) Rights of the Accused Defendants’ Rights
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defendants’ Rights
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defendants’ Rights Searches and Seizures (4 th Amend) –Probable Cause No unreasonable searches & seizures –Exclusionary Rule Mapp v. Ohio (1961)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Defendants’ Rights Self-Incrimination (5 th Amendment) Miranda v. Arizona (1966) –Police must inform suspects
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defendants’ Rights The Right to Counsel (6 th Amendment) – Gideon v. Wainwright (1963)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Defendants’ Rights Speed and Public Trial (6 th Amendment)
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Defendants’ Rights No Cruel and Unusual Punishment –The Eighth Amendment
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defendants’ Rights Gregg v. Georgia (1976) The death penalty is not cruel and unusual.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Figure 5.1- Methods of Execution Back
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
The Bill of Rights Ninth Amendment states other rights exist. Tenth Amendment reserves rights to states and people.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Right to Privacy Is There a Right to Privacy? –First Amendment –Fourth Amendment Griswold v. Connecticut (1965) –Ninth Amendment
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Controversy over Abortion – Roe v. Wade (1973) – Planned Parenthood v. Casey (1992) –Protections of those seeking an abortion –Rights of protesters
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Understanding Civil Liberties Civil Liberties and Democracy –Stops “Tyranny of the Majority” Civil Liberties and the Scope of Government –Civil liberties limit the scope of government
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Civil Liberties and Terrorism USA Patriot Act Military Commissions Act Virtually all civil liberties have been affected.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.
Summary Civil liberties are expressed in the Bill of Rights. These are the individual’s protections—for religion, expression, assembly, and the accused—against the government. Legislatures and courts constantly define what the Bill of Rights protects in practice.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman.