1. Longman PoliticalScienceInteractive
Magleby & Light
Government by the People
Chapter 15
Civil Liberties
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2. Limits on Freedom of Expression
Tinker v. Des Moines (1969): Students do not “shed their constitutional rights…at the schoolhouse gate”
Morse v. Frederick (2007): Students may be punished for publicly unfurling a banner inscribed, “Bong Hits for Jesus”
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3. Rights in the Original Constitution
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4. The Bill of Rights and the States
Lawyers ask Supreme Court to interpret the due process clause in such a way as to protect individual rights against state and local governments
Supreme Court refuses to incorporate a personal right until 1925 decision in Gitlow v. New York (1925)
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5. Selective Incorporation and the Application of the Bill of Rights to the States
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6. Freedom of Religion Establishment Clause Exercise Clause
“Congress shall make no law respecting an establishment of religion….”
Exercise Clause
“…or prohibiting the free exercise thereof.”
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7. Establishment Clause: Key Supreme Court Cases
Everson v. Board of Education of Ewing Township (1947)
“Wall of separation”
Lemon v. Kurtzman (1971)
Three-part “Lemon” test
Zelman v. Simmons-Harris (2002)
Tax money for private school vouchers
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8. Free Exercise Clause: Key Supreme Court Cases and Legislation
Employment Division v. Smith (1990)
Discards the compelling governmental interest test for overriding the interests of religious minorities
Religious Freedom Restoration Act (1993)
Attempted to override the Smith decision
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9. Free Speech and Free People
Historical constitutional tests of free speech
Bad tendency test
Forbid speech that causes people to commit crime
Clear and present danger test
“Fire”
Preferred position doctrine
All 1st amendment rights to states
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10. Protected Speech Prior restraint is presumed unconstitutional
Laws must be content (or viewpoint) neutral
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11. New York Times v. Sullivan
Nonprotected Speech
Libel
Written defamation of another person; especially in the case of public officials and public figures, the constitutional tests designed to restrict libelous actions are very rigid
Seditious libel
Defaming, criticizing, and advocating the overthrow of the government
New York Times v. Sullivan
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12. Miller v. California’s Obscenity Test
Nonprotected and Protected Speech: Obscenity and Pornography
Miller v. California’s Obscenity Test
The basic guidelines for the trier of fact must be a) whether the “average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest; b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
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13. Nonprotected Speech Fighting Words Commercial Speech
Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
Commercial Speech
Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads
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14. Freedom of the Press 1966 Freedom of Information Act
In 2005, New York Times reporter Judith Miller was jailed for two months for refusing to disclose her sources to a grand jury
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15. Other Media and Communications
Broadcast and Cable Communications
Role of FCC
The Internet
Reno v. American Civil Liberties Union (1997)
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16. Freedom of Assembly Reasonable restrictions on assemblies:
Time
Place
Manner
When can restrictions
be put on First
Amendment rights?
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17. Property Rights Eminent domain
Regulatory takings (compensation for original purpose of land)
Kelo v. City of New London (2005)(ecomonic development)
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18. Due Process Rights Procedural due process: how a law is applied
Substantive due process: limits what a government may do. Used when checking branches of government.
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19. Privacy Rights Griswold v. Connecticut (1965) Abortion rights
Personal privacy recognized as a constitutional right
Abortion rights
Roe v. Wade (1973)
Planned Parenthood v. Casey (1992)
Stenberg v. Carhart (2000)
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20. Sexual Orientation Rights
Bowers v. Hardwick (1986)
Romer v. Evans (1996)
Lawrence v. Texas (2003)
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21. Rights of Criminal Suspects
Freedom from unreasonable searches and seizures
Fourth Amendment
Search warrants
Probable cause
Exclusionary rule
Exceptions
Terry v. Ohio (1968)
Border searches
USA PATRIOT Act (2001)
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22. Rights of Criminal Suspects
The right to remain silent
The Miranda warning
Miranda v. Arizona (1966)
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23. Rights of Criminal Suspects
Fair trial procedures
Grand jury
Indictment
Plea bargain
Petit jury
Impartial jury
Peremptory challenges
Appeals
Double jeopardy
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24. The Death Penalty 1960s-1970s: Ten-year moratorium Reinstated 1976
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