1. Chapter 5: Civil Liberties

2. Culture & Civil Liberties
War is the most common crisis that lends itself to the restriction of liberties to some minorities.
Examples
Sedition Act (1798)
Espionage & Sedition Act ( )

3. Culture & Civil Liberties
Applying the Bill or Rights to the States
14th Amendment
Due process is the protection of life, liberty, and property of the people.
Equal protection of the law is a standard of equal treatment that must be observed by the government.

4. Culture & Civil Liberties
Applying the Bill or Rights to the States
Selective incorporation is the process by which the Supreme Court applied federal rights to the states.

5. Interpreting & Applying the First Amendment
Basics
Freedom of Expression is the right of the people to speak, publish, and assemble.
Freedom of religion is the right of the people to exercise their religious belief and that the government cannot establish a state religion.

6. Interpreting & Applying the First Amendment
Speech & National Security
Prior Restraint
Papers cannot be censored prior to what they publish.
The paper or speaker must face the consequences of his statements.

7. Interpreting & Applying the First Amendment
Speech & National Security
Schenck v. US (1919)
He was convicted of violating the Espionage Act.
The Holmes court established the concept of clear- and-present danger which allows the punishment of speech if it proposes or can produce a negative output.
Charles Schenck

8. Interpreting & Applying the First Amendment
Speech & National Security
Gitlow v. New York (1925)
Gitlow was convicted of violating New York’s sedition law by handing out pamphlets advocating the overthrow of NY’s government.
The Supreme Court upheld the conviction stating that the 1st Amendment though guaranteed at the state level could be violated if it created a “dangerous tendency.”
Benjamin Gitlow

9. What is Speech? Libel/Slander
Libel occurs when someone defames someone in writing.
Slander occurs when someone defames another in speech.
When a public figure is involved, the question become whether “actual malice” was intended.

10. What is Speech? Obscenity
Has been one of the hardest to define under free speech.
Justice Potter Stewart who objected “hard-core pornography) admitted the best definition he could offer was “I know it when I see it.”

11. What is Speech? Symbolic Speech
This is when an act is intended to convey a message.
Examples
Burning of the American Flag
Burning of draft cards.

12. Church & State
Free–Exercise Clause states that the government cannot prevent the free-exercise of practice of religion.

13. Church & State Establishment Clause
This means any law that attempts to establish a state religion is forbidden.
“Wall of separation” is where church and state are to remain separate.

14. Crime & Due Process The Exclusionary Rule
The rule states that evidence that is gathered improperly is inadmissible.
Mapp v. Ohio (1961) was the first use of the exclusionary rule.
Dollree Mapp

15. Crime & Due Process Search & Seizure
A judge authorizing the search of a specified area issues a search warrant; it must also include what is being sought out.
Probable cause in issuing a warrant or during an arrest must show good reason for doing so.

16. Crime & Due Process
Confessions & Self-Incrimination has been defined by the Miranda v. Arizona (1966)
Confessions are regarded as involuntary if the individual has not been informed of their rights.
Suspects must be told they have a right to an attorney and the right to remain silent.
Ernesto Miranda

17. Crime & Due Process
Good-faith exception occurs when an error has been made in gathering evidence and a judge believes the error is minor enough to admit the evidence.