2. Civil Liberties

3. The Cold War  Current Events can influence the protection of Civil Liberties  Click me : ) Click me : ) Copyright © Houghton Mifflin Company. All rights reserved. 5 | 2

4. McCarthyism  This is what happens when we lose our focus on what makes us different This is what happens when we lose our focus on what makes us different Copyright © Houghton Mifflin Company. All rights reserved. 5 | 3

5. Stand Up to Hate and Fear 5 | 4  Bam! Bam!

6. The Politics of Civil Liberties  Civil liberties: protections the Constitution provides against the abuse of government power  The Framers believed that the Constitution limited government  State ratifying constitutions demanded the addition of the Bill of Rights Copyright © Houghton Mifflin Company. All rights reserved. 5 | 5

7. 14 th Amendment 5 | 6  Full Text Full Text

8. The Fourteenth Amendment (1868) DDue Process Clause: “no state shall deprive any person of life, liberty or property without due process of law” EEqual Protection Clause: “no state shall deny to any person within its jurisdiction the equal protection of the laws” Copyright © Houghton Mifflin Company. All rights reserved. 5 | 7

9. 14 th Amendment –Equal Protection Clause 5 | 8  Thought this would get your attention! ; ) Thought this would get your attention! ; )

10. Due Process and the Law 5 | 9  Andy Griffin doesn’t play! Andy Griffin doesn’t play!

11. Culture and Civil Liberties  The Constitution and Bill of Rights contain a list of competing rights and duties  War has been the crisis that has most often restricted the liberty of some minority group  Conflicts about the meaning of some constitutionally protected freedoms surround the immigration of “new” ethnic, cultural, and/or religious groups Copyright © Houghton Mifflin Company. All rights reserved. 5 | 10

12. Figure 5.1: Annual Legal Immigration, 1850- 2005 Copyright © Houghton Mifflin Company. All rights reserved. 5 | 11

13. Equal Protection Clause and Illegal Aliens 5 | 12  Uhm…yeah…learn your facts before you preachyeah…learn your facts before you preach

14. Terrorism and Civil Liberties  U.S. Patriot Act meant to increase federal government’s powers to combat terrorism  An executive order then proclaimed a national emergency; non-citizens believed to be terrorists, or to have harbored a terrorist, will be tried by a military court  The Act was renewed in March 2006, and almost all of its provisions were made permanent Copyright © Houghton Mifflin Company. All rights reserved. 5 | 13

15. The USA Patriot Act 5 | 14  When you’re scared, things happen… When you’re scared, things happen…

16. Section 215 USA Patriot Act 5 | 15  ……Like thisLike this

17. Supreme Court Cases  1897: (several cases)no state can take private property without just compensation  1925 (Gitlow): federal guarantees of free speech and free press also apply to states  1937 (Palko v. Connecticut): certain rights must apply to the states because they are essential to “ordered liberty” and they are “principles of justice”  These cases begin the process of “selective incorporation” Copyright © Houghton Mifflin Company. All rights reserved. 5 | 16

18. The ACLU Copyright © Houghton Mifflin Company. All rights reserved. 5 | 17  If you make everyone mad, sometimes..maybe …that can be a good thing. If you make everyone mad, sometimes..maybe …that can be a good thing.

19. Obscenity  1973 definition: judged by “the average person, applying contemporary community standards” to appeal to the “prurient interest” or to depict “in a patently offensive way, sexual conduct specifically defined by applicable state law” and lacking “serious literary, artistic, political, or scientific value”  Balancing competing claims remains a problem: freedom v. decency Copyright © Houghton Mifflin Company. All rights reserved. 5 | 18

20. Symbolic Speech  Cannot claim protection for an otherwise illegal act on the grounds that it conveys a political message (example: burning a draft card)  However, statutes cannot make certain types of symbolic speech illegal: e.g., flag burning is protected speech Copyright © Houghton Mifflin Company. All rights reserved. 5 | 19

21. Libel  Libel: a written false statement defaming another  Slander: a defamatory oral statement  Public figures must also show the words were written with “actual malice”—with reckless disregard for the truth or with knowledge that the words were false Copyright © Houghton Mifflin Company. All rights reserved. 5 | 20

22. The Free Exercise Clause  Insures that no law may impose particular burdens on religious institutions  But there are no religious exemptions from laws binding all other citizens, even if that law oppresses your religious beliefs  Some conflicts between religious freedom and public policy continue to be difficult to settle. Copyright © Houghton Mifflin Company. All rights reserved. 5 | 21

23. The Establishment Clause  Government involvement in religious activities is constitutional if it meets the following tests:  Secular purpose  Primary effect neither advances nor inhibits religion  No excessive government entanglement with religion Copyright © Houghton Mifflin Company. All rights reserved. 5 | 22

24. Exclusionary Rule  Exclusionary rule: evidence gathered in violation of the Constitution cannot be used in a trial  Stems from the Fourth Amendment (freedom from unreasonable searches and seizures) and the Fifth Amendment (protection against self incrimination)  Mapp v. Ohio (1961): Supreme Court began to use the exclusionary rule to enforce a variety of constitutional guarantees Copyright © Houghton Mifflin Company. All rights reserved. 5 | 23

25. Search and Seizure  With a properly obtained search warrant: an order from a judge authorizing the search of a place and describing what is to be searched and seized; judge can issue only if there is probable cause  What can the police search, incident to a lawful arrest?  The individual being arrested  Things in plain view  Things or places under the immediate control of the individual Copyright © Houghton Mifflin Company. All rights reserved. 5 | 24

26. Confessions and Self Incrimination  Miranda case: confessions are presumed to be involuntary unless the suspect is fully informed of his or her rights  Courts began allowing some exceptions to the rule Copyright © Houghton Mifflin Company. All rights reserved. 5 | 25