14 Politics and Personal Liberty

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Learning Objectives Outline the founders’ views on individual liberty and trace the expansion of the Bill of Rights Differentiate the two aspects of freedom of religion

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Assess the extent of and limits on freedom of speech and the press, and trace the evolution of the Supreme Court’s view of obscenity Identify protections granted under the right to privacy Learning Objectives

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Outline the right to assembly and petition and limitations on this right Describe the protection of property rights and related Court decisions Learning Objectives

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Explain the Supreme Court’s interpretation of the right to bear arms Identify the constitutional rights of criminal defendants and assess the consequences of their implementation Learning Objectives

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Power and Individual Liberty  Authority and liberty  Democracy and personal liberty  Nationalizing the Bill of Rights 14.1

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Power and Individual Liberty  Authority and liberty  Democracy and personal liberty  Nationalizing the Bill of Rights 14.1

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Power and Individual Liberty  Authority and Liberty  Democracy and Personal Liberty  Nationalizing the Bill of Rights 14.1

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. TABLE 14.1: How Are We Protected?: Rights Under the Constitution 14.1

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. TABLE 14.1: How Are We Protected?: Rights Under the Constitution 14.1

© 2016,2014,2011 Pearson Education, Inc. All rights reserved The Bill of Rights are applied to state actions through a.Quorum call b.Legislation c.Veto d.Incorporation 14.1

© 2016,2014,2011 Pearson Education, Inc. All rights reserved The Bill of Rights are applied to state actions through a.Quorum call b.Legislation c.Veto d.Incorporation 14.1

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Religion  Free exercise of religion  Congress overruled  No establishment of religion  What constitutes establishment?  Prayer in schools  Voluntary prayer  State vouchers to attend religious schools 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Religion  Free Exercise of Religion  Congress Overruled  No Establishment of Religion  What Constitutes Establishment?  Prayer in the School  Voluntary Prayer  State Vouchers to Attend Religious Schools 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Protecting Religious Practices 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Religion  Free Exercise of Religion  Congress Overruled  No Establishment of Religion  What Constitutes Establishment?  Prayer in the School  Voluntary Prayer  State Vouchers to Attend Religious Schools 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Separation Anxiety 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Religion  Free Exercise of Religion  Congress Overruled  No Establishment of Religion  What Constitutes “Establishment”?  Prayer in the School  “Voluntary” Prayer  State Vouchers to Attend Religious Schools 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved School prayer has been found to violate which aspect of the First Amendment? a.The Exclusionary Clause b.The Due Process Clause c.The Free Exercise Clause d.The Establishment Clause 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved School prayer has been found to violate this aspect of the First Amendment: a.The Exclusionary Clause b.The Due Process Clause c.The Free Exercise Clause d.The Establishment Clause 14.2

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Clear and present danger doctrine  Preferred position doctrine  The Cold War challenge  Symbolic speech  Speech and public order  Campus speech  Hate speech and hate crimes  Commercial speech  Libel and slander 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Clear and present danger doctrine  Preferred position doctrine  The Cold War challenge  Symbolic speech  Speech and public order  Campus speech  Hate speech and hate crimes  Commercial speech  Libel and slander 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Clear and present danger doctrine  Preferred position doctrine  The Cold War challenge  Symbolic speech  Speech and public order  Campus speech  Hate speech and hate crimes  Commercial speech  Libel and slander 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. A Threat of Violence 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Clear and present danger doctrine  Preferred position doctrine  The Cold War challenge  Symbolic speech  Speech and public order  Campus speech  Hate speech and hate crimes  Commercial speech  Libel and slander 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Student Protest 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Clear and present danger doctrine  Preferred position doctrine  The Cold War challenge  Symbolic speech  Speech and public order  Campus speech  Hate speech and hate crimes  Commercial speech  Libel and slander 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Obscenity and the Law  Slackening Standards: Roth v. United States  Tightening Standards: Miller v. California  Porn on the Internet  Child Pornography  Freedom of the Press  No-Prior-Restraint Doctrine  Film Censorship 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Eye of the Beholder 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Obscenity and the Law  Slackening Standards: Roth v. United States  Tightening Standards: Miller v. California  Porn on the Internet  Child Pornography  Freedom of the Press  No-Prior-Restraint Doctrine  Film Censorship 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Obscenity and the Law  Slackening Standards: Roth v. United States  Tightening Standards: Miller v. California  Porn on the Internet  Child Pornography  Freedom of the Press  No-Prior-Restraint Doctrine  Film Censorship 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Speech and the Press  Radio and Television Censorship  Media Claims for Special Rights 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following prohibits the government from censorship before publication? a.Non-prior restraint laws b.The Exclusionary Rule c.The Communications Decency Act d.Miller v. California (1973) 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following prohibits the government from censorship before publication? a.Non-prior restraint laws b.The Exclusionary Rule c.The Communications Decency Act d.Miller v. California (1973) 14.3

© 2016,2014,2011 Pearson Education, Inc. All rights reserved.  Finding a right to privacy  Roe v. Wade  Reaffirming Roe v. Wade  Partial-birth abortion  Sexual conduct  Other private activities  A right to die? 14.4 Privacy, Abortion, and the Constitution

© 2016,2014,2011 Pearson Education, Inc. All rights reserved.  Finding a right to privacy  Roe v. Wade  Reaffirming Roe v. Wade  Partial-birth abortion  Sexual conduct  Other private activities  A right to die? 14.4 Privacy, Abortion, and the Constitution

© 2016,2014,2011 Pearson Education, Inc. All rights reserved.  Finding a right to privacy  Roe v. Wade  Reaffirming Roe v. Wade  Partial-birth abortion  Sexual conduct  Other private activities  A right to die? 14.4 Privacy, Abortion, and the Constitution

© 2016,2014,2011 Pearson Education, Inc. All rights reserved.  Finding a Right to Privacy  Roe v. Wade  Reaffirming Roe v. Wade  Partial-Birth Abortion  Sexual Conduct  Other Private Activities  A Right to Die? 14.4 Privacy, Abortion, and the Constitution

© 2016,2014,2011 Pearson Education, Inc. All rights reserved In which case did the Supreme Court determine the existence of a Constitutional right to privacy? a.Plessy v. Ferguson b.Planned Parenthood of Pennsylvania v. Casey c.Roe v. Wade d.Griswold v. Connecticut 14.4

© 2016,2014,2011 Pearson Education, Inc. All rights reserved In which case did the Supreme Court determine the existence of a Constitutional right to privacy? a.Plessy v. Ferguson b.Planned Parenthood of Pennsylvania v. Casey c.Roe v. Wade d.Griswold v. Connecticut 14.4

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Freedom of Assembly and Petition  The Right of Association  Protests, parades, and demonstrations  Picketing 14.5

© 2016,2014,2011 Pearson Education, Inc. All rights reserved.  The Right of Association  Protests, Parades, and Demonstrations  Picketing 14.5 Freedom of Assembly and Petition

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Sit-Down Strike 14.5

© 2016,2014,2011 Pearson Education, Inc. All rights reserved.  The Right of Association  Protests, parades, and demonstrations  Picketing 14.5 Freedom of Assembly and Petition

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following is allowed under the freedoms to assemble and protest? a.Marching in a parade to protest a policy b.Blocking traffic to raise awareness of an issue c.Physically blocking entrance to an abortion clinic d.Participating in a sit-down strike in a private company 14.5

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following is allowed under the freedoms to assemble and protest? a.Marching in a parade to protest a policy b.Blocking traffic to raise awareness of an issue c.Physically blocking entrance to an abortion clinic d.Participating in a sit-down strike in a private company 14.5

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Protecting Property Rights  Public use  takings clause 14.6

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following allows the government to take property (with fair compensation) for public use? a.Stare Decisis b.Eminent Domain c.The Exclusionary Rule d.Due Process Clause 14.6

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following allows the government to take property (with fair compensation) for public use? a.Stare Decisis b.Eminent Domain c.The Exclusionary Rule d.Due Process Clause 14.6

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. The Right to Bear Arms  Bearing arms  An individual right 14.7

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. The Right to Bear Arms  Bearing arms  An individual right 14.7

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following guarantees an individual’s right to bear arms? a.The First Amendment b.The 2nd Amendment c.The 5th Amendment d.The 9th Amendment 14.7

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following guarantees an individual’s right to bear arms? a.The First Amendment b.The 2nd Amendment c.The 5th Amendment d.The 9th Amendment 14.7

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  The Guarantee of the Writ of Habeas Corpus  The Prohibition of Bills of Attainder and Ex- Post Facto Laws  Unreasonable searches and seizures  Wiretapping and electronic surveillance  FISA and domestic surveillance  Drug testing  Arrests 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  The Guarantee of the Writ of Habeas Corpus  The Prohibition of Bills of Attainder and Ex- Post Facto Laws  Unreasonable searches and seizures  Wiretapping and electronic surveillance  FISA and domestic surveillance  Drug testing  Arrests 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. TABLE 14.2: Individual Rights in the Criminal Justice Process 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  The Guarantee of the Writ of Habeas Corpus  The Prohibition of Bills of Attainder and Ex- Post Facto Laws  Unreasonable searches and seizures  Wiretapping and electronic surveillance  FISA and domestic surveillance  Drug testing  Arrests 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Police Powers 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  The Guarantee of the Writ of Habeas Corpus  The Prohibition of Bills of Attainder and Ex- Post Facto Laws  Unreasonable searches and seizures  Wiretapping and electronic surveillance  FISA and domestic surveillance  Drug testing  Arrests 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Public Surveillance 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved.  Indictment  Self-Incrimination and the Right to Counsel  The Exclusionary Rule  Bail requirements  Fair trial  Plea bargaining  Double jeopardy  The death penalty  Prohibition against unfair application  Death penalty reinstated  Racial bias Rights of Criminal Defendants 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  Indictment  Self-Incrimination and the Right to Counsel  The Exclusionary Rule  Bail requirements  Fair trial  Plea bargaining 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  Indictment  Self-Incrimination and the Right to Counsel  The Exclusionary Rule  Bail requirements  Fair trial  Plea bargaining 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  Double jeopardy  The death penalty  Prohibition against unfair application  Death penalty reinstated  Racial bias 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  Double jeopardy  The death penalty  Prohibition against unfair application  Death penalty reinstated  Racial bias 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Execution When Guilt is in Doubt 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. Rights of Criminal Defendants  Double jeopardy  The death penalty  Prohibition against unfair application  Death penalty reinstated  Racial bias 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following is a legislative act inflicting punishment without a judicial trial? a.Non-prior restraint b.Ex-post facto law c.Writ of habeas corpus d.Bill of Attainder 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved Which of the following is a legislative act inflicting punishment without a judicial trial? a.Non-prior restraint b.Ex-post facto law c.Writ of habeas corpus d.Bill of Attainder 14.8

© 2016,2014,2011 Pearson Education, Inc. All rights reserved. What events have the most impact on civil liberties? How are they affected? Have your civil liberties been affected by recent events? How? Discussion Question 14