Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter 4: Civil Liberties and Public Policy The Bill of Rights Freedom of Religion Freedom of Expression Freedom of Assembly Right to Bear Arms Defendants’ Rights The Right to Privacy Understanding Civil Liberties Summary

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Bill of Rights LO 4.1: Trace the process by which the Bill of Rights has been applied to the states. Freedom of Religion LO 4.2: Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Freedom of Expression LO 4.3: Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights. Freedom of Assembly LO 4.4: Describe the rights to assemble and associate protected by the First Amendment and their limitations.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Right to Bear Arms LO 4.5: Describe the right to bear arms protected by the Second Amendment and its limitations. Defendants’ Rights Defendants’ Rights LO 4.6: Characterize defendants’ rights and identify issues that arise in their implementation.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives The Right to Privacy LO 4.7: Outline the evolution of a right to privacy and its application to the issue of abortion. Understanding Civil Liberties LO 4.8: Assess how civil liberties affect democratic government and how they both limit and expand the scope of government.

The Bill of Rights LO 4.1: Trace the process by which the Bill of Rights has been applied to the states. The Bill of Rights—Then and Now The Bill of Rights and the States To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Bill of Rights The Bill of Rights—Then and Now Civil Liberties – The legal constitutional protections against the government. The Bill of Rights – The first 10 amendments, which protect basic liberties such as religion and speech. LO 4.1 To Learning Objectives

LO 4.1 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

The Bill of Rights The Bill of Rights and the States Barron v. Baltimore (1833) – Bill of Rights restrict only the national government. Gitlow v. New York (1925) – 1 st Amendment protection of speech first incorporated to states. Most now incorporated using the 14 th Amendment and now restrict state and local governments. LO 4.1 To Learning Objectives

LO 4.1 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Freedom of Religion LO 4.2: Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights. The Establishment Clause The Free Exercise Clause To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Freedom of Religion The Establishment Clause No laws shall be made respecting the establishment of religion. Lemon v. Kurtzman (1971) – Aid to church related schools must (1) have a secular legislative purpose, (2) neither advance nor inhibit religion, and (3) not foster an excessive government entanglement with religion. LO 4.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Religion The Establishment Clause (cont.) Zelman v. Simmons-Harris (2002) ruled that school vouchers are constitutional. Engel v. Vitale (1962) ruled that prayer in public schools violates the Establishment Clause. LO 4.2 To Learning Objectives

LO 4.2 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Freedom of Religion The Free Exercise Clause Prohibits government from interfering with the practice of religion. Some religious practices may conflict with other rights, and then be denied or punished. Employment Division v. Smith (1988) upheld prosecution of persons using the drug peyote as part of their religious rituals. LO 4.2 To Learning Objectives

LO 4.2 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Freedom of Expression LO 4.3: Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights. Prior Restraint Free Speech and Public Order Obscenity Libel and Slander Symbolic Speech Free Press and Fair Trials Commercial Speech Regulation of the Public Airwaves To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Freedom of Expression Prior Restraint Prior restraint – A government preventing material from being published. Near v. Minnesota (1931) ruling that the 1 st Amendment protects newspapers from prior restraint. May be permissible during wartime. One may be punished after something is published. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Free Speech and Public Order Schenck v. US (1919) – Speech is limited if it presents a “clear and present danger.” Brandenburg v. Ohio (1969) – It is permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Obscenity Roth v. United States (1957) ruling that “obscenity is not constitutionally protected” Miller v. California (1973) – That community standards be used to determine obscenity in terms of appealing to a “prurient interest” and being “patently offensive” and lacking in value. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Libel and Slander Libel (printed) and slander (spoken) are false statements that damage one’s reputation. New York Times v. Sullivan (1964) ruled that statements about public figures are libelous only if made with reckless disregard for truth. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Symbolic Speech Nonverbal communication, such as burning a flag or wearing an armband. Texas v. Johnson (1989) ruled that the burning of the American flag was symbolic speech protected by the First Amendment. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Free Press and Fair Trials Branzburg v. Hayes (1972) – If no shield laws, the right of a fair trial preempts reporter’s right to protect sources. Zurcher v. Stanford Daily (1978) ruling that a proper search warrant could be applied to a newspaper without necessarily violating the 1 st Amendment rights to freedom of the press. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Commercial Speech Communication in the form of advertising. The Federal Trade Commission (FTC) decides what kinds of goods may be advertised on radio and television and regulates the content of such advertising. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Regulation of the Public Airwaves Broadcast stations must follow Federal Communication Commission rules and regulations. United States v. Playboy Entertainment Group (2000) – Regulation must be narrowly tailored to promote a compelling governmental interest. LO 4.3 To Learning Objectives

Freedom of Assembly LO 4.4: Describe the rights to assemble and associate protected by the First Amendment and their limitations. Right to Assemble Right to Associate To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Assembly Right to Assemble Within reasonable limits, called time, place, and manner restrictions, freedom of assembly includes the rights to parade, picket, and protest. Usually, a group must apply to the local city government for a permit and post a bond of a few hundred dollars. LO 4.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Assembly Right to Associate Freedom to join groups or associations without government interference. NAACP v. Alabama (1958) ruled that the NAACP did not have to reveal its membership list and thus subject its members to harassment. LO 4.4 To Learning Objectives

Right to Bear Arms LO 4.5: Describe the right to bear arms protected by the Second Amendment and its limitations. Many communities have passed restrictions on owning and carrying handguns. Laws have mandated background checks for gun buyers and limited the sale of certain types of weapons altogether. Laws have required that guns be stored in a fashion to prevent their theft or children from accessing and firing them. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Right to Bear Arms District of Columbia v. Heller (2008) Right to possess a firearm for self-defense within the home. Requiring firearm in a home to be disassembled or bound by trigger lock is unconstitutional. McDonald v. Chicago (2010) Extended 2 nd Amendment’s limits on restricting right to bear arms to state and local laws. LO 4.5 To Learning Objectives

Defendants’ Rights LO 4.6: Characterize defendants’ rights and identify issues that arise in their implementation. Interpreting Defendants’ Rights Searches and Seizures Self-Incrimination The Right to Counsel Trials Cruel and Unusual Punishment To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 4.6 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Defendants’ Rights Interpreting Defendants’ Rights Criminal Justice personnel are limited by the Bill of Rights and failure to follow constitutional protections may invalidate a conviction. Courts continually rule on what is constitutional and what is not. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Searches and Seizures Probable Cause – When the police have reason to believe that a person should be arrested. Unreasonable searches and seizures – Evidence is obtained in a haphazard or random manner, prohibited by 4 th Amendment. Exclusionary rule – Evidence obtained unconstitutionally can not be introduced into a trial. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Searches and Seizures (cont.) Mapp v. Ohio (1961) – Protection of 4 th Amendment against unreasonable searches and seizures extended to the states. The War on Terrorism – Patriot Act (2001) allows wiretapping, surveillance, and investigation and the Foreign Intelligence Surveillance Act (2008) allows warrants to eavesdrop on groups. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Self-Incrimination When an individual accused of a crime is compelled to be a witness against himself or herself in court. Miranda v. Arizona (1966) ruled that set guidelines for police questioning of accused persons must be used to protect them against self-incrimination and to protect their right to counsel. LO 4.6 To Learning Objectives

LO 4.6 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Defendants’ Rights The Right to Counsel Sixth Amendment – The right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Gideon v. Wainwright (1963) – Anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Trials Plea bargaining – A bargain between the prosecution and defense for a defendant to plead guilty to a lesser crime; 90 percent of cases end here and do not go to trial Juries generally consist of 12 people, but unanimity is not always needed to convict. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Trials (cont.) The War on Terrorism – Hamdi v. Rumsfeld (2004) provided detainees the right to challenge their detention before a judge and Boumediene v. Bush (2008) provided foreign terrorism suspects the right to challenge their detention in U.S. courts. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Cruel and Unusual Punishment The Eighth Amendment forbids cruel and unusual punishment. Gregg v. Georgia (1976) - The death penalty is not cruel and unusual, but it is “an extreme sanction suitable to the most extreme crimes.” The death penalty’s use and application varies by state. LO 4.6 To Learning Objectives

The Right to Privacy LO 4.7: Outline the evolution of a right to privacy and its application to the issue of abortion. Is There a Right to Privacy? Controversy over Abortion To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Right to Privacy Is There a Right to Privacy? The right to a private personal life free from the intrusion of government. Griswold v. CT (1965) – Not explicitly stated in the Constitution, but implied by the 4 th and 9 th Amendments. LO 4.7 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Right to Privacy Controversy over Abortion Roe v. Wade (1973) – Ruling that a state ban on all abortions was unconstitutional. Planned Parenthood v. Casey (1992) – Ruling that permits considerably more regulation on abortions. LO 4.7 To Learning Objectives

LO 4.7 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 4.7 To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Understanding Civil Liberties LO 4.8: Assess how civil liberties affect democratic government and how they both limit and expand the scope of government. Civil Liberties and Democracy Civil Liberties and the Scope of Government To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Understanding Civil Liberties Civil Liberties and Democracy Rights ensured in the Bill of Rights are essential to democracy. Courts typically protect civil liberties from excesses of majority rule. LO 4.8 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding Civil Liberties Civil Liberties and the Scope of Government In deciding between freedom and order, the United States generally chooses liberty. Civil liberties limit the scope of government, even though government efforts are needed to protect rights. LO 4.8 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.1 Summary The Bill of Rights Under the incorporation doctrine, most of the freedoms outlined in the Bill of Rights limit the states as well as the national government. The due process clause of the Fourteenth Amendment provides the basis for this protection of rights. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The legal concept under which the Supreme Court has nationalized the Bill of Rights is the _______. A.incorporation doctrine B.establishment doctrine C.inclusion doctrine D.Due process clause LO 4.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The legal concept under which the Supreme Court has nationalized the Bill of Rights is the _______. A.incorporation doctrine. B.establishment doctrine. C.inclusion doctrine. D.Due process clause. LO 4.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.2 Summary Freedom of Religion The establishment clause of the 1 st Amendment prohibits government sponsorship of religion, religious exercises, or religious doctrine, but government may support religious-related activities that have a secular purpose if this does not foster excessive entanglement with religion. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.2 Summary Freedom of Religion (cont.) The free exercise clause guarantees that people may hold any religious views they like, but government may at times limit practices related to those views. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Supreme Court can prohibit religious practices _______. A.it considers inappropriate. B.so long as it does not specifically target a religion. C.but not religious beliefs. D.and beliefs for only certain religions. LO 4.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Supreme Court can prohibit religious practices _______. A.it considers inappropriate. B.so long as it does not specifically target a religion. C.but not religious beliefs. D.and beliefs for only certain religions. LO 4.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.3 Summary Freedom of Expression Americans enjoy wide protections for expression, both spoken and written (as in the press), including symbolic and commercial speech. Free expression is protected even when it conflicts with other rights, such as the right to a fair trial. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.3 Summary Freedom of Expression (cont.) However, the First Amendment does not protect some expression, such as libel, fraud, obscenity, and incitement to violence, and government has more leeway to regulate expression on the public airwaves. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Court decisions concerning symbolic speech have _______. A.ruled that it is never protected. B.extended protections to only some forms of symbolic speech. C.ruled that symbolic speech is always protected. D.not directly addressed the matter of symbolic speech. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Court decisions concerning symbolic speech have _______. A.ruled that it is never protected. B.extended protections to only some forms of symbolic speech. C.ruled that symbolic speech is always protected. D.not directly addressed the matter of symbolic speech. LO 4.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.4 Summary Freedom of Assembly The 1 st Amendment protects the right of Americans to assemble to make a statement, although time, place, and manner restrictions on parades, picketing and protests are permissible. Citizens also have the right to associate with others who share a common interest. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Within reasonable limits, called time, place, and manner restrictions, freedom of assembly includes the rights to _____. A.parade. B.picket. C.protest. D.all of the above. LO 4.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Within reasonable limits, called time, place, and manner restrictions, freedom of assembly includes the rights to _____. A.parade. B.picket. C.protest. D.all of the above. LO 4.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.5 Summary Right to Bear Arms Most people have a right to possess firearms and use them for traditionally lawful purposes. However, government may limit this right to certain classes of people, certain areas, and certain weapons, and may require qualifications for purchasing firearms. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman In the case of District of Columbia v. Heller (2008), the Supreme Court struck down a law that outlawed the possession of handguns in our nation’s ______. A.public schools B.forts C.capital D.colleges and universities LO 4.5 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman In the case of District of Columbia v. Heller (2008), the Supreme Court struck down a law that outlawed the possession of handguns in our nation’s ______. A.public schools B.forts C.capital D.colleges and universities LO 4.5 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.6 Summary Defendants’ Rights The Bill of Rights provides defendants with many rights, including protections against unreasonable searches and seizures, self- incrimination, entrapment, and cruel and unusual punishment (although the death penalty is not inherently constitutionally unacceptable). To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.6 Summary Defendants’ Rights (cont.) Defendants also have a right to be brought before a judicial officer when arrested, to have the services of counsel, to receive a speedy and fair trial (including by an impartial jury), and to confront witnesses who testify against them. They also must be told of their rights. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Each of the following protections is found in the Fifth and Sixth Amendments, except A.the right to counsel. B.the right to plea bargain. C.the right to remain silent. D.all of the above are rights protected in the Fifth and Sixth Amendments. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Each of the following protections is found in the Fifth and Sixth Amendments, except A.the right to counsel. B.the right to plea bargain. C.the right to remain silent. D.all of the above are rights protected in the Fifth and Sixth Amendments. LO 4.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.7 Summary The Right to Privacy Beginning in the 1960s, the Supreme Court articulated a right to privacy, as implied by the Bill of Rights. This right has been applied in various domains and is the basis for a woman’s right to an abortion under most, but not all, circumstances. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman States may not place which of these requirements on the right to an abortion? A.A 24-hour waiting period. B.Require parental consent for a minor seeking an abortion. C.Require married women to tell their husbands of their intent to have an abortion. D.Require doctors to present women with information on the risks of the operation. LO 4.7 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman States may not place which of these requirements on the right to an abortion? A.A 24-hour waiting period. B.Require parental consent for a minor seeking an abortion. C.Require married women to tell their husbands of their intent to have an abortion. D.Require doctors to present women with information on the risks of the operation. LO 4.7 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.8 Summary Understanding Civil Liberties When any of the Bill of Rights, including defendants’ rights, conflict with majority rule, rights prevail. Civil liberties, by definition, limit the scope of government action, yet substantial government efforts may be necessary to protect the exercise of rights. To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman As have expanded, they have also expanded the scope of government. A.civil liberties B.the size of courts C.public polices D.governments LO 4.8 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman As have expanded, they have also expanded the scope of government. A.civil liberties B.the size of courts C.public polices D.governments LO 4.8 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Text Credits Gallup Poll, July 17-19, Used with permission.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Photo Credits 92: Stefan Zakin/Corbis 93T: Annie Griffiths Bell/Corbis 93TC: AP Photo 93TB: Michael Newman/PhotoEdit 93B: Mobile Press Register/Corbis 94: AP Photo 99: Annie Griffiths Bell/Corbis 101: AP Photo 104: AP Photo 105: AP Photo 107: By permission of John L. Hart FLP and Creators Syndicate Inc. 108: Pool/Pool/Getty Images 110: Getty Images 111: Jean Yves Rabeuf/The Image Works 112: Robert Mankoff/The New Yorker Cartoon Bank : Michael Newman/PhotoEdit 117B: By permission of John L. Hart FLP and Creators syndicate 120: AP Photo 124: Mobile Press Register/Corbis