1. Civil Liberties: The Struggle for Freedom
Chapter 4
Civil Liberties:
The Struggle for Freedom
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

2. Freedom of Expression Civil Liberties
4-3
Civil Liberties
Individual freedoms practiced without interference by government
Liberties (Individual freedoms)
Bill of Rights (First 10 Amendments to US Constitution)
ure=related
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.
Freedom of Expression

3. Safeguards in Original Constitution
writ of habeas corpus
bill of attainder
Ex post facto law
Safeguards in Original Constitution

4. Freedom of Expression Free Expression and State Governments
Barron v. Baltimore (1833)
State do not have to follow the Bill of Rights, only applies to federal government
The Fourteenth Amendment (1868) and Incorporation Theory
Gitlow v. New York (1925)
US Supreme Court ruled that the14th Amendment protected the freedom of speech granted by 1st amendment in US Constitution
States are bound by the 1st Amendment
Freedom of Expression

5. Most protections in the Bill of Rights apply to state and local governments by making those liberties applicable to the states through the due process clause of the 14th amendment.
Most provisions in the Bill of Rights are binding on the States.
The Supreme Court is applying the Bill of Rights to states.
Incorporation Theory

6. Due Process Clause 14th Amendment (1868) Due Process Clause
“No state shall deprive any person of life, liberty or property without due process of law”
What does Liberty mean in the 14th Amendment?
Due Process Clause

7. First Amendment
The right of individual Americans to hold & communicate views of their choosing.
Not Absolute
Expression can be denied, if it endangers national security, wrongly damages the reputation of others, or deprives others of their basic freedoms.
Freedom of Expression

8. Early Restrictions on Expression
Schenck v. US (1919)
Clear & Present Danger Test
Government cannot abridge political expression unless it presents a clear and present danger to national security
The relationship between the speech and the danger must be direct
Falsely yelling “Fire!” in crowded theatre
Freedom of Expression

9. Political Expression Direct Incitement Test/ Imminent Lawless Action
Brandenburg v. Ohio (1969)
Direct Incitement Test/ Imminent Lawless Action
“The danger must also be so immediate that the people responsible for maintaining order cannot afford to allow the speech”
“States cannot forbid advocacy of use of force or of law violations except where such advocacy is directed to incite or produce imminent Lawless Action”
Dangerous ideas are protected unless danger is direct and immediate
Political Expression

10. Freedom of Expression Symbolic Speech
Actions that do not consist of speaking or writing but that express an opinion.
Johnson v. Texas (1989)
SC ruled that the burning of the American flag is a protected form of free expression.
Freedom of Expression

11. Freedom of Expression Freedom of Press
4-4
Freedom of Expression
Freedom of Press
Public Figures v. Private Figures
Libel and Slander
Libel- untrue written statements defaming someone’s reputation
Slander-untrue spoken statement defaming someone’s reputation
New York Times v. Sullivan (1964)
Actual Malice
Knowing disregard for the truth
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

12. Freedom of Religion The Establishment Clause The Free-Exercise Clause
4-5
The Establishment Clause
Free to create/establish any religion you want
Wall of Separation-Jefferson
The Free-Exercise Clause
Free to believe, not always free to act
Courts try to balance free-exercise and establishment clauses
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.
Freedom of Religion

13. Lemon Test Lemon v. Kurtzman (1971)
For a law to be considered constitutional under the establishment clause of 1st amendment law must follow lemon test.
Have a secular purpose
Cannot neither advance nor inhibit religion
Government action must not result in “excessive government entanglement” with religion
Lemon Test

14. The Right of Privacy Implied power- Judicial interpretation
4-6
The Right of Privacy
Implied power- Judicial interpretation
1st, 3rd, 4th, 5th, 9th and 14th amendments
Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Planned Parenthood v. Casey (1992)
Undue Burden test
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

15. Right to Privacy Homosexual Rights & Privacy Bowers v. Hardwick (1986)
Court did not recognize privacy to Homosexuals
Lawrence v. Texas (2003) {Overturned Bowers}
Court does recognize privacy to homosexuals
Sodomy laws unconstitutional
Violate 14th Amendment Equal Protection Clause
Right to Privacy

16. Right to Privacy Right to Die
Do terminally ill persons have, as part of their civil liberties, a right to die and to be assisted in the process by physicians or others?
1997, Oregon became 1st & only state to permit assisted suicides (Death with Dignity Act)
Washington, Montana
Right to Privacy

17. Rights of Persons Accused of Crimes
4-7
Rights of Persons Accused of Crimes
Procedural due process of law
Requires that the government use fair standard procedures whenever it takes legal action against an individual
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

18. Rights of Persons Accused of Crimes
4-8
Incorporation Doctrine of Procedural Rights
Mapp v. Ohio (1961)
Exclusionary Rule (1914)
Miranda v. Arizona (1966)
5th Amendment-Right against self-incrimination
Gideon v. Wainwright (1963)
6th Amendment-Right to counsel
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.
Rights of Persons Accused of Crimes

19. Rights of Persons Accused of Crimes
8th Amendment
Furman v. Georgia (1972)
Death Penalty Unconstitutional -8th Amendment
Gregg v. Georgia (1976)
Death penalty Constitutional except for minors 15 years and younger
Atkins v. Virginia (2002)
Mental individuals cannot be executed
Roper v. Simmons (2005)
No state can execute minors under 18 years
Rights of Persons Accused of Crimes