What Are Civil Liberties?

What Are Civil Liberties?
Civil Liberties and Civil Rights Balancing Liberty and Order Constitutional Rights The Bill of Rights and the States Started to apply to states end of 19th century Fourteenth Amendment Selective incorporation civil liberties: Those rights, such as freedom of speech and religion, that are so fundamental that they are outside the authority of government to regulate. civil rights: Set of rights centered around the concept of equal treatment that government is obliged to protect. Bill of Rights: First ten amendments to the Constitution, which provide basic political rights. Natural (unalienable) rights: Rights that every individual has and that government cannot legitimately take away. writ of habeas corpus: Right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal incorporate: Process of applying provisions of the Bill of Rights to the states. Selective incorporation: Doctrine used by the Supreme Court to make those provisions of the Bill of Rights that are fundamental rights binding on the states. compelling interest test: Standard frequently used by the Supreme Court in civil liberties cases to determine whether a state has a compelling interest for infringing on a right and whether the law is narrowly drawn to meet that interest. Key Questions: Which is more important to you, liberty or order? Which is more important to you, liberty or equality? Which government are citizens more likely to need a gate against – national or state? What laws, if any, should protect the American flag? Key Question Why aren’t civil liberties subject to majority rule? Copyright © 2016 Cengage Learning. All rights reserved.

Distinction between Civil Liberties and Civil Rights
Figure 4.1 Civil liberties provide a gate or barrier that protects people against interference by the government in fundamental liberties, such as freedom of speech or religion. Civil rights often require active involvement of the government in opening gateways to full civic participation by all, regardless of race, gender, or religion. Copyright © 2016 Cengage Learning. All rights reserved.

The Bill of Rights, the Fourteenth Amendment, and Selective Incorporation
Bill of Rights: the ten amendments that list the rights the federal government must protect Fourteenth Amendment’s due process clause prevents the states from abridging individual rights Supreme Court engaged in selective incorporation— invoking the Fourteenth Amendment to apply the Bill of Rights to the states

Selective Incorporation
Supreme Court initially resisted invoking selective incorporation to protect the rights of the accused in the states Changed in the 1960s, when the Court began to assert and protect the rights of the accused

Reminder: Incorporate:
Process of applying provisions of the Bill of Rights to the states. Table 4-1 p106

Constitutional Amendments That Pertain to Civil Liberties
Figure 4.2 Copyright © 2016 Cengage Learning. All rights reserved.

Civil Liberties According to Freedom House, an independent organization that tracks civil liberties, the United States is among the “most free” nations. Freedom House bases its rankings on four areas: free expression, organizational rights, rule of law, and personal autonomy.

Civil Liberties in Times of Crisis
From Revolution to Civil War The Sedition Act Lincoln and Habeas Corpus The World Wars The Espionage Act The Cold War and Vietnam U.S. worried about communism The War on Terror The Patriot Act Key Question Should government have access to your phone calls and messages? marketplace of ideas: Idea that the government should not restrict the expression of ideas because the people are capable of accepting good ideas and rejecting bad ones. Examples show that in times of crisis, Congress and the president limit civil liberties to secure order, often with public support. Key Questions: What civil liberties are you willing to give up to ensure more protection against terrorist attacks? How free should you be to criticize the government? Should you be less free in wartime? Following 9/11? Can you trust the people to decide whether an idea has merit? Do good ideas survive and bad ideas fade away? Should enemy combatants have the same procedural safeguards as American citizens? What if the enemy combatant is an American citizen? Should government imprison people for their political views? Or should views, such as belief in Communism and/or religious war (for example, jihad) be allowed to be tested in the marketplace of ideas? Are alleged terrorists enemy combatants? Should the United States obey the Geneva Convention? Copyright © 2016 Cengage Learning. All rights reserved.

Civil Liberties in Times of Crisis
The name of Senator Joseph McCarthy has been attached to an era noted for fear of Communism and the use of fear tactics to suppress freedom of speech and belief. His dishonesty and abusive treatment of witnesses during these hearings turned both the Senate and the public against him. Here, during the 1954 Army- McCarthy hearings, he testifies on Communist Party organizations in the United States with the aid of a huge map. Source: © Bettmann/Corbis Copyright © 2016 Cengage Learning. All rights reserved.

Figure 4.3 Annual Number of FISA Surveillance Requests
Note: The number of rejected surveillance applications are as follows: 2003 (4), 2006 (1), 2007 (4), 2008 (1), 2009 (1). In all other years, the number of rejected surveillance applications was 0. Figure 4-3 p113

The First Amendment and Freedom of Expression
Freedom of Speech Advocacy of Unlawful Activities Clear and present danger test Fighting Words and Hate Speech Cross burning by the KKK Picketing at funerals of U.S. soldiers College speech codes Symbolic Speech Time, Place, and Manner Regulations clear and present danger test: First Amendment test that requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has a right to prevent. symbolic speech: Actions, such as burning the flag, that convey a political message without spoken words. content-neutral: Free speech doctrine that allows certain types of regulation of speech, as long as the restriction does not favor one side or another of a controversy. Key Questions: Given the nature of terrorist attacks, is it possible to establish a “clear and present danger” before prosecuting the advocacy of unlawful activities? How can you distinguish between fighting words and hate speech? Does your college have a speech code? Should your college regulate what you can and cannot say? Can trigger warnings lead to censorship in college classrooms? What is more important, freedom of speech or an equal and non-hostile educational environment? Should Americans be required to salute the flag? Should they be prevented from burning the flag? Copyright © 2016 Cengage Learning. All rights reserved.

California State University, Long Beach, posts a sign
designating its free-speech zone, now officially renamed the “Speaker’s Platform.” p114

Mary Beth and John Tinker were teenagers in 1965
when they wore black armbands to school to protest the Vietnam War, and they were suspended. Arguing that students have free speech rights, the Iowa Civil Liberties Union sued the school district on their behalf and appealed the suspension in a series of cases that were finally appealed to the Supreme Court. In 1969, the Court ruled in the Tinkers’ favor, stating: “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” p116

Copyright © 2016 Cengage Learning. All rights reserved.
Snyder v. Phelps (2011) May antimilitary and antigay protesters be sued for the distress they caused to the father of a marine killed in action in Iraq when they picketed at the marine’s funeral? Ruled 8-1 in favor of the protesters, declaring that the church’s view on homosexuality in the military were a matter of public concern, and as such, it did not matter how crudely those concerns were expressed. Copyright © 2016 Cengage Learning. All rights reserved.

What do you believe? Do you believe that the Westboro Church’s position on homosexuals and the military is a question of public concern? Do you believe that the Westboro Church’s protests at the funeral constituted “fighting words” or “inviting dispute”? Copyright © 2016 Cengage Learning. All rights reserved.

The First Amendment and Freedom of Expression
Freedom of the Press Prior Restraint Subsequent Punishment Miller test for obscene materials The Right of Association Key Questions What information on the Web should the government censor? How can you protect yourself from what others may say about you on the Web? prior restraint: Government restrictions on freedom of the press that prevent material from being published. Miller test: Supreme Court test for determining whether material is obscene. Key Questions Should the American Nazi Party, the Ku Klux Klan, or the Communist Party be allowed to march in public streets? Should their ideas be suppressed, or should they be allowed to be tested in the marketplace of ideas? Should pornography be submitted to the marketplace of ideas? Or should it be censored? On what legal grounds? Which is more important to you, freedom of association or laws banning discrimination? Copyright © 2016 Cengage Learning. All rights reserved.

Press Freedom and Libel Law
New York Times Co. v. United States (1971) and publication of the “Pentagon Papers” Prior restraint: government prohibition of speech or publication before it occurs Extreme burden of proof on government Libel: publishing material that falsely damages a person’s reputation Slander: spoken words that falsely damage a person’s reputation Libel against public officials requires malicious intent

Hazelwood School District v. Kuhlmeier (1988)
Issue: Student Journalism and the First Amendment Bottom Line: Schools Can Censor Student Newspapers An issue of the paper was to include articles about the impact of divorce on students and teen pregnancy. The school's principal refused to publish the two stories, saying they were too sensitive for younger students and contained too many personal details. The Supreme Court ruled against the girls 8-1. (See readings on this court case) setting up prior review for high school newspapers. Cathy Kuhlmeier, Leslie Smart, and Leanne Tippett, juniors at Hazelwood East High School in St. Louis, Missouri, helped write and edit the school paper, the Spectrum, as part of a journalism class. The girls went to court claiming their First Amendment right to freedom of expression had been violated.

Religious Freedom Free Exercise (exercise clause) The Establishment of Religion (establishment clause) Congress cannot recognize one official church Court has frequently applied the Lemon test Policy must have a nonreligious purpose Policy’s primary effect must be one that neither advances nor inhibits religion Policy must not foster “an excessive government entanglement with religion” free exercise clause: First Amendment clause protecting the free exercise of religion. valid secular purpose: Supreme Court test that allows states to ban activities that infringe on religious practices as long as the state has a nonreligious rationale for prohibiting the behavior. Establishment clause: First Amendment clause prohibiting governmental establishment of religion. Lemon test: Test for determining whether aid to religion violates the establishment clause. Copyright © 2016 Cengage Learning. All rights reserved.

The Free-Exercise Clause
Government is prohibited from interfering with the practice of religion Government interference is allowed when the exercise of religious beliefs conflicts with otherwise valid law

Religious Freedom In 2014, the Court decided that the Hobby Lobby Corporation, which is owned by a devout Christian, had to abide by the requirement in the Affordable Care Act that its employee health care plan provide free access to birth control pills when the corporate owner believes that such pills can result, not just in the prevention of, but in the termination of pregnancy. Source: Jay Mallin/ZUMAPRESS. com/Alamy Key Questions Should all religions get equal treatment? Can corporations have religious beliefs? If so, can they be required to provide birth control pills that some believe result in the termination of pregnancy to their employees? Should prayers be allowed in school? Under what circumstances? What types of prayers? Is saying a silent prayer the same as wearing an armband? Copyright © 2016 Cengage Learning. All rights reserved.

Free Assembly Some restrictions are allowed based on national security or disruptions to daily life Government can place time, place, and manner restrictions

The Right to Keep and Bear Arms
The Second Amendment National Firearms Act 1934 Attempt to regulate gun ownership Individual right to bear arms 2008 Following Sandy Hook School tragedy 39 bills to tighten access to guns 70 bills easing access to guns Key Questions What are the arguments for and against gun control? What is your position? Copyright © 2016 Cengage Learning. All rights reserved.

The Right to Bear Arms Widely accepted view: the Second Amendment blocked the federal government from abolishing state militias In District of Columbia v. Heller (2008) the Court ruled that “the Second Amendment protects an individual right to possess a firearm” In McDonald v. Chicago (2010), the Court further extended the 2008 decision to apply to all state and local governments

Otis McDonald, a plaintiff in McDonald v. Chicago, joined the suit
against Chicago’s handgun law because he wanted to have a handgun at home to protect himself from gangs. On June 18, 2010, the Supreme Court ruled that the Constitution incorporated the Second Amendment, declaring that states could not ban private possession of guns for self-defense. p124

Bill of Rights: A Selected List of Due Process Protections
Amendment Due Process Protection Fourth Search and seizure: You are protected from unreasonable searches and seizures, although you forfeit that right if you knowingly waive it. Arrest: You are protected from arrest unless authorities have probable cause to believe that you have committed a crime. Fifth Self-incrimination: You are protected against self-incrimination, which means that you have the right to remain silent and to be protected against coercion by law enforcement officials. Double jeopardy: You cannot be tried twice for the same crime if the first trial results in a verdict of innocence. Due process: You cannot be deprived of life, liberty, or property without proper legal proceedings. Sixth Counsel: You have a right to be represented by an attorney and can demand to speak first with an attorney before responding to questions from law enforcement officials. Prompt and reasonable proceedings: You have a right to be arraigned promptly, to be informed of the charges, to confront witnesses, and to have a speedy and open trial by an impartial jury. Eighth Bail: You are protected against excessive bail or fines. Cruel and unusual punishment: You are protected from cruel and unusual punishment, although this provision does not protect you from the death penalty or from a long prison term for a minor offense.

Criminal Procedure Investigations Searches and Seizures Fourth Amendment Exclusionary Rule Interrogations Fifth Amendment Miranda decision expectation of privacy test: Supreme Court test for whether Fourth Amendment protections apply. exclusionary rule: Supreme Court rule declaring that evidence found in violation of the Fourth Amendment cannot be used at trial. Source: AP Images/Matt York Key Questions If the police are tracking your car’s movements, does it matter if they physically touched your car to do so? Why did the first Congress write so many protections regarding criminal procedure into the Bill of Rights? This is a booking photo of Ernesto Miranda. His case led the Warren Court to require police to give arrested suspects “Miranda Warnings.” Copyright © 2016 Cengage Learning. All rights reserved.

Criminal Procedure Trial Procedures Right to counsel Right to impartial jury Verdict, Punishment, and Appeal Double Jeopardy Sentencing Appeals Key Questions Is the U.S. criminal justice system too harsh? Or does it let too many criminals get off on “technicalities?” Copyright © 2016 Cengage Learning. All rights reserved.

Suspicion Phase: Unreasonable Search and Seizure
No police search is allowed unless there is probable cause that a crime occurred (Fourth Amendment) Not a blanket protection; some warrantless searches are allowed, based specific situations

Trial Phase: The Right to a Fair Trial
Exclusionary rule: evidence obtained in violation of the defendant’s rights cannot be used Rule expanded in the 1960s by a liberal-dominated court With the appointment of more conservative justices, exceptions were created Good faith exception: admission if police believed they were following proper procedures Inevitable discovery exception: admission if other evidence would have led to the same discovery Plain view exception: admission if found in plain sight

Sentencing Phase: Cruel and Unusual Punishment
Eighth Amendment prohibits “cruel and unusual punishment” Tests consider whether it is “disproportionate to the offense”; violates “fundamental standards of good conscience and fairness”; and is “unnecessarily cruel” Supreme Court generally allows states to decide punishments, but has limited some aspects Banned death penalty for minors and the mentally ill Banned life-without-parole for juveniles; and extended this protection to juveniles convicted before the ban was put in place

Appeal: One Chance, Usually
There is no constitutional guarantee of appeal; but the federal government and the states all allow at least one appeal Federal law bars a second federal appeal by a state prison inmate in most instances

Crime, Punishment, and Police Practices
Supreme Court rulings have affected police practices Miranda v. Arizona (1966) Constitutional rights are often applied unevenly Racial profiling: the targeting of individuals from minority groups Minorities are also more likely to be victims of police violence Tough sentencing policies are popular with voters, but prison overcrowding is an issue

Figure 4-1 Incarceration Rates by Country
The United States is the world leader in terms of the number of people it places behind bars, with 698 inmates per 100,000 residents. More than half were convicted of nonviolent offenses, such as drug use or property theft. Source: International Centre for Prison Studies, 2016.

How the 50 States Differ: Incarceration Rates
Most crimes in the United States are governed by state law rather than federal law, and states differ widely in their crime rates and sentencing practices. Jump to long image description Source: Office of Justice Statistics, U.S. Department of Justice,

Rights and the War on Terrorism
In times of war, the courts have upheld policies that would not otherwise be permitted Example: WWII detention of Japanese Americans, supported by Congress and upheld in Korematsu v. United States (1944)

Detention of Enemy Combatants
After the attacks of 9/11, the Bush administration announced a policy of detaining “enemy combatants” Supreme Court ruled detainees have the right to challenge their Guantanamo Bay detention in U.S. courts Hamdi v. Rumsfeld (2004) Hamdan v. Rumsfeld (2006)

Surveillance of Suspected Terrorists
USA Patriot Act gave the government additional tools for combating terrorism National Security Agency (NSA) engaged in warrantless wiretapping Program was leaked by Edward Snowden in 2013 A federal appellate court ruled the NSA program unlawful Congress passed revised legislation to authorize a more limited surveillance program with greater oversight

The Courts and a Free Society
Americans embrace freedom of expression as an abstract virtue Americans favor limits to freedom of expression in particular instances Judicial system has been the primary protector of individuals’ rights

The Right to Privacy Birth Control and Abortion 1800s Comstock Laws 1961 Griswold v. Connecticut Established right to privacy 1973 Roe v. Wade Established national right to abortion Modifications made in 1992 right to privacy: Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy and reproductive rights, plus the right to end life-sustaining medical treatment. Roe v. Wade: 1973 Supreme Court case extending the right to privacy to abortion. Key Questions What are the arguments for and against the right of privacy in relation to abortion? What is your opinin? Are you “pro-life” or “pro-choice”? When the people disagree with a Supreme Court decision, what can they do about it? Copyright © 2016 Cengage Learning. All rights reserved.

Pro-Life versus Pro-Choice
A sharp divide continues to exist between Democratic and Republican voters regarding the ruling in Roe v. Wade (1973). Source: Pew Research Center for the People and the Press,

The Right to Privacy Homosexual Behavior Lawrence v. Texas The Right to Die Does not include assisted suicide Student Housing Lawrence v. Texas: 2003 Supreme Court case extending the right to privacy to homosexual behavior. Key Question Does government have the right to regulate who can live in the same house or apartment? Copyright © 2016 Cengage Learning. All rights reserved.

Civil Liberties and Democracy
Congress and president have ways to hold Supreme Court accountable Unlimited liberties can harm social order Political tolerance essential to democratic stability Political tolerance: Willingness of people to put up with ideas with which they disagree. Copyright © 2016 Cengage Learning. All rights reserved.

Video Discussion Questions
Why did many Muslims find this surveillance offensive? Is it legal? Does American political culture support close scrutiny of religious groups? Do security concerns justify New York’s actions in this case? Why or why not? Copyright © 2016 Cengage Learning. All rights reserved.

What Are Civil Liberties?

Similar presentations

Presentation on theme: "What Are Civil Liberties?"— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

What Are Civil Liberties?

Similar presentations

Presentation on theme: "What Are Civil Liberties?"— Presentation transcript:

Similar presentations

About project

Feedback