Today’s Objectives Analyze why civil liberties issues involve “politics” as well as “law”. Evaluate judicial interpretation of various liberties (such as freedom of speech, rights of the accused) & the impact of significant Supreme Court cases on these rights/liberties Apply key concepts of democratic rule and civil liberties in analyzing current events and pieces of legislation.

Civil Liberties The Basis for Any Democracy

What Are Civil Liberties? Civil Liberties: – Basic rights and freedoms that are guaranteed -- either in the Bill of Rights/Constitution, or interpreted in Courts Free Speech, Free Press, Free from Search & Seizure, etc. Civil Rights: – Basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability) What right’s affected? v. Whose rights affected?

Bill of Rights: Civil Liberties Amendments 1 st Amendment: – Freedom of Religion, Speech, Press, Petition, Assemble Establishment Clause: – Congress shall make no law endorsing/ estbl. a religion – Estbl. Separation of Church & State…How closely have we followed this? Free Exercise Clause – Prevents infringement on people’s right to believe in whatever religion they choose (some religious practices can be restricted however…) – Limits on Free Speech Clear & Present Danger Doctrine (Schenck v. U.S.) Obscenity (Roth v. U.S.) Libel/Slander (written/spoken defamation) Commercial Speech Regulated by FTC/FCC

Bill of Rights: Civil Liberties Amendments 2 nd Amendment: – Right to Bear Arms “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.” 3 rd Amendment: – Prohibits Quartering of Troops

Bill of Rights: Civil Liberties Amendments Amendments 4-8 – 4 th : Protection against illegal search & seizure Probable Cause/Warrant Exclusionary Rule (Weeks v. U.S.; Mapp v. Ohio) – Evidence gathered thru illegal search & seizure can’t be submitted in court of law – Deterrent to unlawful police action – 4 th Amendment Under Attack – Terry Frisk – Pretext Stops – Drug Courier Profiles – “Consent Searches” – Patriot Act

Bill of Rights: Civil Liberties Amendments – 5 th: Right to grand jury, no double jeopardy, can’t be forced to testify against self, due process clips/3vk26x/chappelle-s-show-tron-carter-s-law---order clips/3vk26x/chappelle-s-show-tron-carter-s-law---order – 6 th : Speedy/public trial w/ impartial jury; Right to Confront witnesses; Right to counsel; prevents suspension of habeas corpus – 7 th : Jury trial in civil cases – 8 th : Free from excessive bail; cruel & unusual punishment – Upheld by Gregg v. Georgia

Bill of Rights: Civil Liberties Amendments 9 th Amendment: – Protects rights of the people that are not specifically enumerated in the Constitution Right to Privacy Explicit? Griswald v. Connecticut; Roe v. Wade; Planned Parenthood v. Casey 10 th Amendment… Outlining Federalism/“Reserved Powers” 14 th Amendment: – “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the united states nor shall any state deprive person of life, liberty or property without due process of law; nor deny any person within its jurisdiction equal protection of laws” – Incorporation

Selective Incorporation: Applying the Bill of Rights to States Selective Incorporation: – Process by which the courts have gradually applied portions of the U.S. Bill of Rights to the states Incorporated thru the due process clause/equal protection of the 14 th Amendment – Key Court Cases Barron v. Baltimore (1833) – Said Bill of Rights did NOT apply to states Gitlow v. New York (1925) – Began process of “Incorporation”…said B.o.R. DID apply to states

What is the Main Focus of the Bill of Rights? Protection of the rights of the accused – Why? Experiences under Brits Ex: Syria/China Big Question: How do you balance need for law enforcement with individual rights?

“INJUSTICE ANYWHERE, IS A THREAT TO JUSTICE EVERYWHERE!” MLK JR. Criminal Process 1.Evidence Gathered: – 4 th Amendment—forbids unreasonable search & seizure (exclusionary rule) 2.Suspicion Cast/Arrest Made – 6 th Guarantee habeas corpus—forbids imprisonment without evidence – 5 th Amendment—Right to remain silent; due process

“INJUSTICE ANYWHERE, IS A THREAT TO JUSTICE EVERYWHERE!” MLK JR. Interrogation Held: 5 th Amendment: Forced self-incrimination forbidden 6 th Amendment: Right to Counsel 8 th Amendment: Excessive bail forbidden Trial Held: 4 th Amendment: Exclusionary Rule (Mapp v. Ohio) 5 th Amendment: No “Double Jeopardy” 6 th Amendment: “Speedy & Public Trial” by an impartial jury ; Right to confront witnesses; Right to counsel Punishment Imposed: 8 th Amendment: Protection from Cruel & Unusual Punishment

Bill of Rights Overview 1 st 10 Amendments added to the Constitution Bill of Rights – Added to the Constitution to get key states of New York and Virginia to ratify the Constitution – Protects political rights 1 st Amendment: Free speech, press, petition, assemble, religion – Protects the rights of the accused Protection from illegal search and seizure Right to a trial by jury, right to an attorney, right to be free from self-incrimination

If Your Group Finishes A Station Early… Define the following terms on a separate sheet: – Due Process – Equal Protection Clause – Habeas Corpus – Amicus Curiae – Clear & Present Danger Test – Lemon Test – Libel – Slander – Obscenity – Miranda Rule

Opener: SOPA/PIPA…Another Step Closer to Censorship? Or A Necessary Protection? Evaluation of SOPA/PIPA Colbert--SOPA/PIPA Daily Show--KO Computer