1. Church and State Due Process

2. Culture and Civil Liberties Rights in Conflict Rights in Conflict Cultural Conflicts Cultural Conflicts Applying the Bill of Rights to the States Applying the Bill of Rights to the States

3. Rights in Conflict Examples: Right to a fair trial vs. freedom of the press (Sam Sheppard case) US Government’s obligation to “provide for the common defense” vs. freedom of the press (“Pentagon Papers case”) Freedom of speech vs. preservation of public order (Carl Kunz case)

4. Rights in Conflict Acts of the U.S. Congress restricting civil liberties during wartime: Sedition Act of 1798 Espionage and Sedition Acts 1917 ‒ 1918 Smith Act 1940 Internal Security Act 1950

5. Culture Conflicts Examples: Religious displays on public property Is bilingual education constitutionally required? May private associations make their own rules concerning the right to “associate freely?” Balancing community sensitivities vs. personal self-expression

6. Applying the Bill of Rights to the States Due process of lawDue process of law Equal protection of the lawEqual protection of the law Selective incorporationSelective incorporation Copyright © 2013 Cengage

7. Applying the Bill of Rights to the States Second Amendment examples: Second Amendment examples: District of Columbia v. Heller(2008)District of Columbia v. Heller (2008) McDonald v. Chicago (2010)McDonald v. Chicago (2010) Copyright © 2013 Cengage

8. Interpreting and Applying the First Amendment Freedom of expression Freedom of expression Freedom of religion Freedom of religion Prior restraint Prior restraint Clear-and-present danger test Clear-and-present danger test

9. Women picketed in front of the White House, urging President Warren Harding to release political radicals arrested during his administration. Copyright © 2013 Cengage Bettmann/CORBIS

10. What is Speech? Forms of speech not automatically given constitutional protection: Forms of speech not automatically given constitutional protection: 1. Libel 2. Obscenity 3. Symbolic Speech 4. False Advertising A Ku Klux Klan member uses his constitutional right to free speech to utter “white power” chants in Skokie, Illinois. Tim Boyle/Newsmakers/Getty Images

12. “Symbolic speech”: when young men burned their draft cards during the 1960s to protest the Vietnam War, the Supreme Court ruled that it was an illegal act for which they could be punished. Bettmann/CORBIS

13. Commercial and Youthful Speech Corporations Corporations Interest Groups Interest Groups Youth Youth Public schools cannot organize prayers, but private ones can.

14. 1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government. The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government. – Cornell – Cornell

15. Church and State The Free Exercise Clause: Congress shall make no law prohibiting the “free exercise” of religion. The Free Exercise Clause: Congress shall make no law prohibiting the “free exercise” of religion. Congress can’t prohibit Catholics from celebrating Mass or Jews from holding a bar mitzvah. Congress can’t prohibit Catholics from celebrating Mass or Jews from holding a bar mitzvah. The 1 st Amendment has been applied to states via the due process clause of the 14 th Amendment, meaning state governments cannot pass such laws. The 1 st Amendment has been applied to states via the due process clause of the 14 th Amendment, meaning state governments cannot pass such laws. Courts have treated religion like free speech: you can say or do what you want as long as it does not cause serious harm to others. Courts have treated religion like free speech: you can say or do what you want as long as it does not cause serious harm to others.

16. Church and State Establishment Clause: Congress shall make no law “respecting an establishment of religion”. Establishment Clause: Congress shall make no law “respecting an establishment of religion”. The phrase “Church and State” is not in the Bill of Rights nor in the debates in the First Congress that drafted the Bill of Rights. The phrase “Church and State” is not in the Bill of Rights nor in the debates in the First Congress that drafted the Bill of Rights. The phrase was written by Thomas Jefferson who was opposed to having the Church of England as the established church of his native Virginia. The phrase was written by Thomas Jefferson who was opposed to having the Church of England as the established church of his native Virginia.

17. Church and State Wall of Separation Theory: Court ruling that government cannot be involved with religion. Wall of Separation Theory: Court ruling that government cannot be involved with religion. Read PG 115…Why was reimbursement allowed for transportation to Catholic schools? Read PG 115…Why was reimbursement allowed for transportation to Catholic schools?

18. How We Compare: Church and State The American government cannot pay for or endorse any church. By contrast, the national governments in England, Greece, Germany, Norway, and Sweden can. Moreover, until recently there were state-supported churches in France, Italy, and Spain. Despite the absence of any governmental support for churches in this country, attendance in churches and synagogues is very high— by some estimates, as much as 40 percent of our population goes to these institutions every week. By contrast, in countries that have or have had state- supported churches, church attendance is rare. Only 4 percent of the English and 5 percent of the French go to church at least once a week. How would you explain high church attendance in a country where churches lack government backing and low attendance where they have that backing?

20. Principles of Due Process That protection can be provided in at least two ways. One is to let the police introduce in court evidence relevant to the guilt or innocence of a person, no matter how it was obtained, and then, after the case is settled, punish the police officer (or his or her superiors) if the evidence was gathered improperly (for example, by an unreasonable search). That protection can be provided in at least two ways. One is to let the police introduce in court evidence relevant to the guilt or innocence of a person, no matter how it was obtained, and then, after the case is settled, punish the police officer (or his or her superiors) if the evidence was gathered improperly (for example, by an unreasonable search). The other way is to exclude improperly gathered evidence from the trial in the first place, even if it is relevant to determining the guilt or innocence of the accused. The other way is to exclude improperly gathered evidence from the trial in the first place, even if it is relevant to determining the guilt or innocence of the accused. US takes the second position. US takes the second position.

21. Crime and Due Process Improperly gathered evidence may not be used in a trial. The Exclusionary Rule- Improperly gathered evidence may not be used in a trial. Used to implement two provisions of The Bill of Rights the right to be free from unreasonable searches and seizures (4 th Amendment) and the right not to be compelled to give evidence against oneself (5 th Amendment). Used to implement two provisions of The Bill of Rights the right to be free from unreasonable searches and seizures (4 th Amendment) and the right not to be compelled to give evidence against oneself (5 th Amendment). 1949- 1 st time Supreme Court considered applying the exclusionary rule. That year the court decided that the 4 th Amendment prohibited police from carrying out unreasonable searches and obtaining improper confessions. 1949- 1 st time Supreme Court considered applying the exclusionary rule. That year the court decided that the 4 th Amendment prohibited police from carrying out unreasonable searches and obtaining improper confessions.

22. Crime and Due Process Mapp v. Ohio Summarize the relevant facts. What was the courts primary reason for siding with Mapp? What is the significance of Mapp v. Ohio? Hint: It’s in the book!

23. Crime and Due Process Search and Seizure Search and Seizure When can the police search you without it being unreasonable? When can the police search you without it being unreasonable? Search Warrant-judge’s order authorizing a search.Search Warrant-judge’s order authorizing a search. Arrested.Arrested. Giving permission for a search Giving permission for a search “In plain view” and “under immediate control”. Example: Drugs or gun on the car seat. “In plain view” and “under immediate control”. Example: Drugs or gun on the car seat.

24. Miranda Rule You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?

26. Inside a cell at the terrorist prison in Guantanamo, where Muslim inmates receive a copy of the Koran, a chess set, and an arrow pointing toward Mecca. p. 119 JOE SKIPPER/ Reuters/ Corbis

27. Copyright © 2013 Cengage

28. MEMORANDUM To: Rebecca Saikia, Supreme Court Justice From: David Wilson, law clerk Subject: Patriot Act and libraries The Patriot Act allows the FBI to seek the records of possible terrorists from banks, businesses, and libraries. Many libraries claim this will harm the constitutional rights of Americans. You support these rights, but are also aware of the need to protect national security. The Patriot Act allows the FBI to seek the records of possible terrorists from banks, businesses, and libraries. Many libraries claim this will harm the constitutional rights of Americans. You support these rights, but are also aware of the need to protect national security. Copyright © 2013 Cengage WHAT WOULD YOU DO?

29. Arguments supporting the Patriot Act: 1. The Patriot Act does not target individuals who have not violated a criminal law and who do not threaten human life. 2. For the FBI to collect information about borrowers, it must first obtain permission from a federal judge. 3. Terrorists may use libraries to study and plan activities that threaten national security. WHAT WOULD YOU DO?

30. Arguments against the Patriot Act: 1. Freedom of speech and expression are fundamental constitutional guarantees that should not be infringed. 2. The law might harm groups engaged in peaceful protests. 3. The law allows the government to delay notifying people that their borrowing habits are being investigated. Copyright © 2013 Cengage WHAT WOULD YOU DO?

31. Your decision: Uphold this provision ? Overturn this provision ? Copyright © 2013 Cengage WHAT WOULD YOU DO?