1. Civil Liberties

2. True or False Bigamy is legal in the United States
A police officer can lie to an accused person while questioning them.
A police officer can search your car without your consent.
You may use illegal drugs if it is part of a religious ceremony/ritual

3. True or False
States can require a female under the age of 18 to have parental consent before having an abortion.
You have a right to assisted physician suicide.
You can legally burn the American flag.

4. Freedom of Religion Rests on Two Principles: Free Exercise of Religion
Establishment Clause
Free Exercise of Religion

5. Establishment Clause and related Supreme Court Cases/ Findings

6. The Issue of School Prayer
Engel v. Vitale (1962)
Moment of Silence
Pledge of Allegiance – Jehovah Witnesses
Pledge of Allegiance – “Under God”

7. Aid to Religious Schools
Lemon v. Kurtzman (1971)
The Lemon Test:
Aid must be used for secular purpose
Aid must be neutral – it may not advance or inhibit religion
Aid must not extensively entangle the government in religion

8. Aid to Religious Schools
Using state university buildings for religious services
Student religious groups meeting during activity hours
Lending books and computers
School vouchers

9. The Free Exercise of Religion
When practices work against public policy and welfare of the people

10. Freedom of Speech, Press and Assembly

11. Direct Incitement/Imminent Lawless Action
Unprotected Speech
Direct Incitement/Imminent Lawless Action
Libel & Slander
Fighting Words
Obscenity

12. Direct Incitement Test
Brandenburg v. Ohio (1969)
Direct Incitement Test
Directed at inciting or producing imminent lawless actions
Likely to incite or produce such an action
Immediate, violent, and illegal action

13. Libel & Slander
Slander is a spoken statement
Libel is a written statement
Defame character
Truth is an absolute defense

14. Slander To be slanderous the statement must… Be false
Harm a person’s good reputation
Be made to a third party

15. Libel New York Times Co. v. Sullivan (1964) Actual Malice
Press’s watchdog role in Democratic society
Public figures have access to public medium

16. Fighting Words
Inflict injury or tend to incite an immediate breach of peace
Actual threat of immediate violence, not merely offensive
Fighting words can include profanity, obscenity, and threats
Contextual

17. Obscenity Miller v. California (1973)
Violates contemporary community standards
Appeals to a prurient interest in sex
Patently offensive conduct
Lacks serious redeeming literary, artistic, political or scientific merit

18. Protected Speech
Prior Restraint
Symbolic Speech

19. An activity cannot be stopped before it occurs.
Prior Restraint
An activity cannot be stopped before it occurs.
New York Times v. United States (1971)
Pentagon Papers

20. Includes gestures, movements, articles of clothing, etc.
Symbolic Speech
Includes gestures, movements, articles of clothing, etc.
Texas v. Johnson (1989)
Burning American flag during peaceful protest

21. Bong Hits 4 Jesus

22. Right to Assembly

23. Rights of the Accused

24. Fourth Amendment & Searches and Seizures

25. Searches & Seizures No search warrant needed… Consent is given
Once a person is arrested
Plain view doctrine
Immediate reach

26. Searches & Seizures No search warrant needed…
Violence or destruction of evidence
Reasonable suspicion person committing or about to commit a crime
Breathalyzer test

27. Exclusionary Rule of Evidence
Mapp v. Ohio (1961)
Evidence obtained in illegal search and seizures are not admissible in a court of law

28. Fifth Amendment Self-Incrimination & Eminent Domain

29. Self-Incrimination Accused do not have to take stand
Involuntary statements/confessions may not be used against
Miranda v. Arizona (1966)

30. Kelo v. City of New London
Eminent Domain Case
City take private property to increase tax revenue
Meaning of public use/public purpose
90% of Americans disagree with ruling

31. Sixth Amendment & Right to Counsel Jury Trials

32. Right to Counsel Gideon v. Wainwright (1963)
Cannot afford an attorney the government must provide counsel

33. Jury Trials
Speedy and public trial by an impartial jury

34. Eighth Amendment & Cruel and Unusual Punishment

35. Death Penalty Cases Furman v. Georgia (1972)
Arbitrary nature/racial bias
States must review statutes
Not applied capricious or discriminatory manner.
Atkins v. Virginia (2002)
No executions of mentally retarded

36. The Death Penalty Roper v. Simmons Execution of Minors
Evolving Standards of decency
Sociological/Scientific Research
Overwhelming international opinion against

37. Right to Privacy
Birth Control
Abortion
Homosexuality
Right to Die

38. Right to Privacy Griswold v. Connecticut (1965)
Director of Planned Parenthood
First, Third, Fourth, and Ninth Amendments created umbrellas (penumbras) that established zones of privacy
Falls under protection of Equal Protection – 14th Amendment
Right to privacy covers marital relations

39. Roe v. Wade Laws against abortion violated a woman’s right to privacy
During the first trimester states must leave decision to woman & her physician.
During the 2nd trimester states may regulate abortion in.
During final trimester state may prohibit abortion unless mother’s life is in danger

40. Further Rulings on Abortion
States can…
Ban the use of public hospitals for abortions
Require pre-abortion counseling
Waiting period of 24 hours
Parental/judicial permission for girls under 18
2000: Ended the ban on RU – 486
Partial Birth Abortion is legal

41. Homosexuality Lawrence v. Texas (2003)
Texas law banning sodomy was unconstitutional
Scalia: Court has signed on to the so-called homosexual agenda

42. Right to Die Cruzan v. Director, Missouri Dept. of Health (1990)
Patient’s life-sustaining treatment can be withdrawn at request of family only if there is clear & convincing evidence patient did not want such treatments.

43. Physician Assisted Suicide
Washington v. Glucksberg (1997)
Not a fundamental liberty protected by the Fourteenth Amendment – Due Process Clause