1. Civil Liberties Chapters 15, 16

2. 1st Amendment: Freedom of Expression
“Congress shall make no law

3. 1st Amendment: Freedom of Expression
“Congress shall make no law respecting an establishment of religion,

4. 1st Amendment: Freedom of Expression
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

5. 1st Amendment: Freedom of Expression
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,

6. 1st Amendment: Freedom of Expression
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press,

7. 1st Amendment: Freedom of Expression
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble,

8. 1st Amendment: Freedom of Expression
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

9. Freedom of Expression (1st Amendment)
Freedom of Speech
Our government depends on citizens being informed
Speech that is not protected
Speech that creates a clear and present danger or that incites violence
Libel (written) & slander (spoken)
false report meant to harm
Sedition – speech that urges the overthrow of gov’t

10. Freedom of Expression (1st Amendment)
Symbolic Speech
Nonverbal communication, expression by conduct
Some is protected
Picketing outside during a strike
Burning an American Flag
Some is prohibited
Burning draft cards
Government MAY regulate the time, place, and manner that we express ideas; May NOT regulate content.

11. Freedom of Religion
“Congress shall make no law respecting an establishment of religion...”
The Establishment Clause
Prevents government from setting up official U.S. religion
Or declaring any religion illegal
“Separation of Church and State”
NOT in Constitution, but in a letter of Thomas Jefferson in 1802

12. Freedom of Religion “… or prohibiting the free exercise thereof…”
The Free Exercise Clause
Protection to practice any religious belief
If religious practices conflict with others rights or disrupt order, they can be denied or punished
Constitution protects all religious beliefs, not all practices.
Freedom of Thought vs. Freedom of Action

13. Freedom of Expression Freedom of Assembly Right to Assemble
Must remain peaceful, especially when demonstrating
Tough balance between freedom to assemble and order in society
Right to Associate
Freedom to join groups / associations without government interference
Private organizations do not have to accept everyone who wants to associate with them.

14. 4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

15. Defendants’ Rights
Criminal Justice personnel are limited by the Bill of Rights (preserve individual rights)
Failure to follow the rules usually invalidates a conviction
Searches and Seizures
Probable Cause
to arrest a citizen or obtain a warrant, the officer must have reasonable suspicion of a crime
Exclusionary Rule
the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained

16. Defendant’s Rights Basic Rights during investigation: Arrest
Probable Cause
Search Automobile
Probable cause or “plain sight”
Search home/office/etc.
warrant obtained from a judge
Drug testing
no warrant or probable cause
Wiretapping
must obtain a warrant

17. 6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

18. Defendant’s Rights During Trial: To be informed of the accusation
To call witnesses to testify for him/her
To be confronted with witnesses against him/herself
To have a lawyer
(unless you waive that right)
Trial by jury
Speedy trial
preliminary trial held within 100 days

19. 5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

20. Defendants’ Rights Self-Incrimination
An individual accused of a crime is not legally required to be a witness against himself or herself in court.
Miranda rights

21. Understanding Civil Liberties
Civil Liberties and Democracy
People need the right to express themselves.
Courts continue to define the limits of civil liberties.
Civil Liberties and the Scope of Government
Must decide the line between freedom & order
Limits the scope of government