1. American Government and Politics Today
Chapter 4
Civil Liberties

2. The Bill of Rights
Origins - colonists’ fear of a tyrannical government
Federalists agreed to amend the Constitution to include a Bill of Rights after ratification
This placed limitations on the government and thus protected citizens’ civil liberties

3. The Bill of Rights and State Governments
The original Bill of Rights did not apply to state governments
The Fourteenth Amendment (1868) imposed, step-by-step, most Constitutional protections of civil liberties upon state governments
Incorporation theory: the view that most protections of the Bill of Rights apply to state governments through the Fourteenth Amendment’s due process clause

4. Freedom of Religion: The Establishment Clause
Setting up “a wall of separation of Church and State”
Aid to church-related schools
School vouchers
School prayer—Engel v. Vitale
Prayer outside the classroom
The Ten Commandments
The teaching of evolution
Religious speech

5. Freedom of Religion: The Free Exercise Clause
Guarantees the free exercise of religion, and is restrained when religious practices interfere with public policy
Examples: the ability of school districts to select texts for students; the requirement of vaccinations for school enrollment
The Religious Freedom Restoration Act
Free exercise in public schools

6. Freedom of Expression No prior restraint Protection of symbolic speech
Protection of commercial speech
Permitted restrictions on expression
Clear and present danger
Modifications: the bad-tendency rule, the grave and probable rule

7. Freedom of Expression (continued)
Unprotected Speech
Obscenity
Slander
Pornography and Internet pornography
Campus speech
Hate speech on the Internet

8. Freedom of the Press Libel: a written defamation of character
Public figures must meet higher standards than ordinary people to win a libel suit
A free press versus a fair trial
Gag order: the right of a defendant to a fair trial supersedes the right of the public to “attend” the trial
Film, radio, and television
This freedom is no longer limited to print media, though broadcast media do not receive the same protection as print media

9. The Right to Assemble and Petition the Government
The Supreme Court has held that state and local governments cannot bar individuals from assembling
However, they can require permits for assembly so that order can be maintained, though they cannot be selective as to who receives permits
Street gangs
Online assembly

10. Matters of Privacy
There is no explicit Constitutional right to privacy – it is an interpretation by the Supreme Court drawn from the First, Third, Fourth, Fifth, and Ninth Amendments
The right was established in in Griswold v. Connecticut
Privacy rights in an information age

11. Privacy Rights and Abortion
In Roe v. Wade (1973) the court held that governments could not prohibit abortions, as this would violate a woman’s right to privacy
The Supreme Court has issued many decisions on the boundaries of state regulations concerning abortion
The controversy continues

12. Privacy Rights and the Right to Die
Cruzan v. Director, Missouri Department of Health (1997): a patient’s life support could be withdrawn at the request of a family member if there was “clear and convincing evidence” that the patient did not want the treatment
This has led to the popularity of advance health directives, commonly called living wills
What if there is no living will?

13. Privacy Rights and the Right to Die (continued)
Physician-assisted suicide - the Court has stated that the Constitution does not imply a right to commit suicide
This decision has given states much leeway to legislate on this issue
Only Oregon has legalized physician-assisted suicide

14. Privacy Rights versus Security Issues
Privacy rights have taken on particular importance since September 11, 2001
Rules such as the proposed “roving” wiretap legislation may violate the Fourth Amendment
The USA Patriot Act
Concerns about civil liberties

15. The Rights of the Accused versus the Rights of Society
Fourth Amendment
No unreasonable or unwarranted search or seizure
No arrest except on probable cause
Fifth Amendment
No coerced confession
No compulsory self-incrimination

16. The Rights of the Accused (continued)
Sixth Amendment
Legal counsel
Informed of charges
Speedy and public jury trial
Impartial jury of one’s peers
Eighth Amendment
Reasonable bail
No cruel or unusual punishment

17. Extending the Rights of the Accused
Miranda v. Arizona (1966): requires police to inform suspects of their rights
A “public safety” exception to Miranda says that illegal confessions need not bar a conviction if other evidence is strong, and that suspects must claim their rights unequivocally

18. Extending the Rights of the Accused (continued)
In the future, a procedure such as video recording of interrogations might satisfy Fifth Amendment requirements
The exclusionary rule: prohibits the admission of illegally seized evidence

19. The Death Penalty Is the death penalty cruel and unusual punishment?
Or is it a useful method for dealing with the worst criminals?

21. The Death Penalty Today
The death penalty is allowed in 37 states
Time limits for death row appeals
The Antiterrorism and Effective Death Penalty Act of 1996 limits appeals from death row
DNA testing has freed about 100 death row inmates who were wrongly convicted, casting more doubt on the use of capital punishment

22. Questions for Critical Thinking
What do you think is the historical basis for civil liberties? Are Americans as concerned today about the protection of their civil liberties as were our founders?
Do you think the libel laws restrict a free press? Should the press be allowed to publish anything it wants about a person? Should the press have to prove that everything published is absolutely true?

23. Questions for Critical Thinking
Why are the rights of the accused so important? Is there any way to strike a balance between the rights of the victims and the rights of the accused?