1. Civil Liberties The Bill of Rights

2. Introduction Civil liberties: negative restraints on government –freedom v. order –freedom of speech, press, religion Civil rights: what government must do –rights guaranteed to individuals –freedom v. equality

3. Civil liberties most people agree that liberties can be restrained issue becomes who puts limits on our liberties and how many limits are acceptable how much freedom are YOU willing to give up?

4. Should government restrain... a communist from teaching in college? in high school? the distribution of a pamphlet to overthrow the government? a KKK organization on campus? Detention of “enemy combatants”?enemy combatants

5. how about... burning the American flag? prayer in schools? Random security searches at airports? yelling “fire” in the theater during the opening day of Harry Potter?

6. Freedom to believe what we want is absolute; freedom to act on those beliefs must be reconciled with social order sand castles

7. Case write-ups What issues involved in cases you researched?

8. Influences on civil liberties and rights new social experiences or events (treason laws during times of war) composition of the Supreme Court change in public perspectives

9. Three constitutional “revolutions” Incorporation doctrine expansion of the scope of civil liberties development of civil rights

10. Why is the 14th amendment important? vehicle by which the Supreme Court has incorporated the Bill of Rights to state actions incorporation has been by one phrase at a time due process and equal protection clause

11. Palko v. CT (1937) reinforced “selective incorporation” Honor roll of rights: fundamental rights today, most of the Bill of Rights applies to state actions

12. First amendment rights Freedom of religion Freedom of speech and of the press Freedom of assembly

13. Freedom of speech and of the press not absolute, but marketplace of ideas advocacy of ideas must be linked to lawless action

14. Types of restrictions inciteful speech slander and libel obscenity prior restraint

15. Inciteful speech Sandcastle: bad tendency to “clear and present danger” to direct incitement

16. Slander and libel slander: untrue spoken statement that defames a person’s character libel: (written) requires proof of actual malice for public figure

17. Obscenity work lacks any serious literary, artistic, political or scientific value “reasonable person”/local standards

18. Prior Restraint censorship: prohibiting something from being published

19. Freedom of religion “wall of separation” between church and state at the core of our personal being

20. The establishment clause prohibits government sponsorship of religion government financial support of religion government’s active involvement in religious activity

21. Lemon v. Kurtzman (1971) 1. secular purpose? 2. neither inhibits nor advances religion? 3. Avoids excessive entanglement in religion?

22. Free exercise clause ability to practice religion freely freedom v. order tensions

23. Due process and criminal justice 4th, 5th, 6th and 8th amendments

24. Fourth amendment unreasonable searches and seizures without a warrant, police can search –person arrested –things in plain view of the accused –places/things in the person’s immediate control anything if given permission

25. Mapp v. Ohio (1961) exclusionary rule applied to states prohibits use of improperly seized evidence at a trial

26. Fifth amendment protection from self-incrimination Miranda v. Arizona (1966) –Miranda rights

27. Sixth amendment right to counsel Gideon v. Wainwright (1963) applied 6th amendment to state felony cases

28. Eighth amendment cruel and unusual punishment death penalty Sandcastle: DNA tests; racial or income levels

29. Food for thought... should we be concerned about the uneven use of the death penalty among states?