1. Civil Liberties and Public Policy Chapter 4

2. The Bill of Rights– Then and Now Civil Liberties – Definition: The legal constitutional protections against the government. The Bill of Rights and the States – The Bill of Rights is the first 10 amendments. – Written to restrict the national government. – Now many are “incorporated” into state and local laws.

3. Freedom of Religion The Establishment Clause – No official U.S. religion – No religion can be prevented The Free Exercise Clause – Can believe any religious belief – Some religious practices may conflict with other rights, and then be denied or punished

4. . Its charter was eventually expanded to other states, and in 1965, a federal regulation was approved to protect the ceremonial use of peyote by Indians. In 1978, Congress passed the American Indian Religious Freedom Act. to guarantee the legal use, possession and transportation of peyote "by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion." The law extends protection against prosecution for the possession and use of peyote only to members of federally recognized tribes.

5. Freedom of Expression Prior Restraint – Definition: A government preventing material from being published. Censorship. – Permissible during wartime. – May be punished after something is published.

6. Freedom of Expression Free Speech and Public Order – Limited if it presents a “clear and present danger” – Limited if obscene, libelous or slanderous – Limited if on private property, like a shopping center

7. Freedom of Expression Free Press and Fair Trials – The trials are public business of the government. – The public has a right to know what happens. – The press’ own information may not be protected.

8. Freedom of Expression Obscenity – Definition: There really isn’t one. – But, Miller v. California stated: The whole work appeals “to a prurient interest in sex” “Patently offensive” sexual conduct Lacks “serious literary, artistic, political or scientific value” – Local areas make their own decisions

9. Freedom of Expression Libel and Slander – Libel: The publication of false or malicious statements that damage someone’s reputation. – Slander: The same thing, only spoken instead of printed. – Different standards for private individuals and public (politicians, celebrities) individuals – Difficult to prove

10. Freedom of Expression Symbolic Speech – Definition: Nonverbal communication, such as burning a flag or wearing an armband. – Generally protected along with verbal speech.

11. Freedom of Expression Commercial Speech – Definition: Communication in the form of advertising. – Generally the most restricted (regulated) form of speech. Regulation of the Public Airwaves – Broadcast stations must follow FCC rules. – Cable / satellite has blurred the lines.

12. Freedom of Expression Freedom of Assembly – Right to Assemble Generally permissible, but must meet reasonable local standards. Balance between freedom to assemble and order in society. – Right to Associate Freedom to join groups / associations without government interference.

13. Defendants’ Rights Interpreting Defendants’ Rights – Criminal Justice personnel are limited by the Bill of Rights. – Failure to follow the rules usually invalidates a conviction. – Courts continually rule on what is constitutional and what is not.

14. Defendants’ Rights Searches and Seizures – Probable Cause: The situation occurring when the police have reason to believe that a person should be arrested. – Exclusionary Rule: The rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained.

15. Defendants’ Rights Self-Incrimination – Definition: The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. – Miranda warnings – Entrapments may be overturned

16. Defendants’ Rights The Right to Counsel – The state must provide lawyers in most criminal cases. Trial by Jury – Plea bargaining: An actual bargain between the prosecution and defense. – Generally 12 people, but doesn’t always have to be unanimous to convict.

17. Defendants’ Rights Cruel and Unusual Punishment – The Death Penalty Varies from state to state Cannot be mandatory – Punishment fitting the crime Strong punishments are acceptable Punishments vary from state to state, even for the same crime, but are reasonable

18. The Right to Privacy Is There a Right to Privacy? – Definition: The right to a private personal live free from the intrusion of government. – Not explicitly stated in the Constitution – Implied by the Fourth Amendment – Very debatable…

19. Figure 4.1 The Right to Privacy Controversy over Abortion – Roe v. Wade (1973) – Planned Parenthood v. Casey (1992) – Protections of those seeking an abortion – Rights of protesters When should abortions be legal?

20. The Right to Privacy A Time To Live and a Time To Die – Who decides when it is time to die? – Who should make the ultimate decision for people who can’t think for themselves? Infants / Children Elderly Mentally retarded – What right does a person have to terminate their own life? Or seek help to do it?

21. Understanding Civil Liberties Civil Liberties and Democracy – People need the right to express themselves. – Courts continue to define the limits of civil liberties. Civil Liberties and the Scope of Government – Must decide the line between freedom & order – Limits the scope of government

22. Internet Resources First Amendment Issues Electronic Frontier Foundation American Civil Liberties Union Freedom of religion Landmark Criminal Justice cases Landmark First Amendment cases Christian Coalition