1. Ch. 19 and 20: Civil Liberties and Civil Rights

2. 19:1 Unalienable Rights

3. A Commitment to Freedom  Declaration of Independence “unalienable rights…life, liberty, pursuit of happiness”  Constitution I:9 Powers Denied to Congress I:10 Powers Denied to the States Bill of Rights

4. Civil Liberties v. Civil Rights  Civil Liberties – protections against the government 5 Freedoms, fair trial, etc.  Civil Rights – positive acts of government that seek to make constitutional guarantees a reality for all people Can’t discriminate based on race, sex, religion, etc.

5. Rights are Relative, NOT Absolute  No one in the U.S. has the right to do anything he or she pleases.  You cannot infringe upon others’ rights Ex: Free Speech-can’t incite a riot "The right to swing my fist ends where the other man's nose begins." - Oliver Wendell Holmes

6. To Whom are Rights Guaranteed?  Citizens as well as Aliens (people who are not citizens of the country in which they live)  Restrictions on aliens Travel/freedom of movement-Internment Camps Voting, owning firearms

7. Federalism and Individual Rights  Provisions in the Bill of Rights apply against the National Government, not against the states  BUT, states can’t deny basic rights to people because.. Most states have their own Bill of Rights Due Process clause of 14 th Amendment

8. 14 th Amendment Due Process Clause  No state can deny to any person any right that is “basic or essential to the American concept of ordered liberty”  Process of Incorporation – The SC has Nationalized most of the Bill of Rights by incorporating them under the 14 th Due Process Clause  Chart pg. 536

9. 9 th Amendment: Rights “Retained by the People”  You have rights beyond those set out in the Constitution.  Ex: the right of women to have an abortion without undue inference by the government.  States find ways to limit

10. Before Roe v. Wade 1973 Red- Illegal Purple-Legal in case of rape Blue-Legal in case of danger to woman's health Green-Legal in case of danger to woman's health, rape or incest, or likely damaged fetus Yellow-Legal on request

11. Parental Notification/Consent Required Pink- No parental notification or consent laws Purple- One parent must be informed beforehand Light Blue- Both parents must be informed beforehand Medium blue- One parent must consent beforehand Dark Blue- Both parents must consent beforehand Light Gray- Parental notification law currently enjoined Dark Gray- Parental consent law currently enjoined

12. Mandatory Waiting Periods Yellow- No mandatory waiting period Blue- Waiting period of less than 24 hours Red- Waiting period of 24 hours or more Gray- Waiting period law currently enjoined

13. Mandatory Ultra Sounds Bright Red- Mandatory. Must display image. Dark Red- Mandatory. Must offer to display image. Light Purple- Mandatory. Law temporarily unenforceable. Yellow- Not mandatory. Must offer ultrasound. Green- Not mandatory. If ultrasound is performed, must offer to display image. Gray- Not mandatory.

14. Mandatory Counseling Light Blue- No mandatory counseling Medium Blue- Counseling in person, by phone, mail, and/or other Dark Blue- Counseling in person only Gray- Counseling law enjoined

15. Abortion and “Trigger Laws”  Laws that would make abortion illegal within the first and second trimesters if Roe were overturn. Currently, 7 states have trigger laws and 2 other states have laws intending to criminalize abortion.  Another example of “Trigger Law” – illegal to clone people if/when the technology becomes available

16. “Fetal Homicide” Blue- "Homicide" or "murder". Yellow- Other crime against fetus. Gray- Depends on age of fetus. Green- Assaulting pregnant woman.

17. Conner’s Law Laci, Conner v. Scott Peterson

18. Current News: Colorado  http://denver.cbslocal.com/2015/03/ 30/fetal-homicide-bill-gets-new- attention-following-brutal-attack-on- pregnant-womantention-following- brutal-attack-on-pregnant-woman/

19. 19:2 Freedom of Religion

20. Freedom of Expression  1 st and 14 th Amendments - two guarantees of religious freedoms 1.“establishment of religion”  Establishment clause  separation between church and state 2.“the free exercise of religion”  No interference by govt. on religion  right to hold one’s own religious beliefs

21. Ways Church and State are NOT Separated  Property and tithe exemptions  Chaplains in the military  Oath of office in the name of God  Opening legislative sessions with prayer  Currency, Pledge, etc.

22. Religion and Education  Parochial schools - those that are private and church related  Public Transportation for Private Schools?? OK to use public school busses to take kids to parochial schools Pro-safety of busses benefits kids no matter what school they attend Anti-frees them the transportation expense which can be use to further the religion  Released Time Programs?? OK to release public school kids during school hours to attend religious classes on private property  Moments of Silence?? Wallace vs. Jaffree – 1985 – moment of silence unconstitutional State courts have upheld “moment of silence”  Georgia state law passed in 1994 says that students will open their school day with a one-minute "silent reflection on the anticipated activities of the day.”

23. Student Religious Groups allowed in public schools?  1984 Equal Access Act –any public high school must allow student religious groups to meet in the school on the same terms that it sets for other student organizations Students allowed to hold meetings at school, but school can’t sponsor the meetings

24. Aid to Parochial Schools??  Yes! w/o kids in private schools, public schools expense increases Double tax burden No real church-state threat  No! Financial choice Religious beliefs affect nonreligious subjects (Darwinism?)

25. Parochial School Aid: The “Lemon Test” 1.Aid must be clearly secular (not religious) 2.Primary effect must neither advance nor inhibit religion 3.Must avoid an “excessive entanglement of government with religion.”

26. 19:3 Freedom of Speech and Press

27. Freedom of Speech and Press  1 st and 14 th – two fundamental purposes: 1.Guarantee to each person a right of free expression, in the spoken and written language 2.Guarantee to all persons a full, wide- ranging discussion of public affairs

28. 1 st and 14 th Amendments 1.Guarantees free speech/press to protect expression of unpopular views. Majority needs no constitutional protection 2.Freedom of speech/press not unbridled-reasonable restrictions

29. Limits on Speech and Press  Libel – the false and malicious use of printed words  Slander - false and malicious use of spoken words  Sedition – attempting to overthrow the government by force or to disrupt its lawful activities by violent acts  Seditious Speech – advocating, urging to overthrow the government  Shield laws – protection for reporters from having to disclose sources.

30. What constitutes Obscenity?  Obscenity – Miller vs. California (1973) Does it “excites lust”? What is “obscene”? “The work, taken as a whole, lacks serious literary, artistic, political, or scientific value”

31. 19:4 Freedom of Assembly and Petition

32. Freedom of Assembly and Petition  Assemble - to gather with one another to express their views on public matters  1 st and 14 th protect peaceful assembly and petition  Can’t: incite violence, block public streets/schools, endanger life, property or public order.  Content Neutral – Govt. can regulate assemblies on the basis of time, place, and manner, but cannot regulate assemblies on the basis of what might be said Can’t have a parade outside poll to influence election

33. Freedom of Assembly and Petition  Public Property Supreme Court requires advance notice and permits be given (parade permits) Right to Demonstrate: KKK, Pro-Life? Can be denied if threats to public safety  Private Property Cannot trespass on private property State supreme courts may interpret the provisions of that State’s constitution “to allow reasonable exercise of the right to petition” on private property  Ex: pro-Israeli pamphlets/petitions in a shopping center

34. Freedom of Association  Right of association - guarantees the right to associate with others to promote political, economic, and other social causes  Boy Scouts of America- can exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints" Boy Scouts of America

35. Chapter 20 – Civil Liberties  Due Process  Due Process – government must act fairly and in accord with established rules. Can’t act unfairly, arbitrarily, capriciously, or unreasonable 5 th Amendment – no person shall be denied life, liberty, or property without due process 14 th Amendment- states cannot deny Bill of Rights

36. Due Process  Substantive Due Process The “what” of govt. action (substance, policies) The laws themselves must be fair EX: Oregon can’t pass a law mandating kids go to public school  Procedural Due Process The “how” of govt. action (methods, procedures) The govt. must act fairly Ex: Violation of Due Process with illegal search and seizure

37. Why are Procedural and Substantive Both Necessary?

38. Police Powers  Authority of each state to act to protect and promote the public  1. health (alcohol, tobacco use, pollution)  2. safety (DUI, concealed weapons, seatbelts)  3. morals (gambling, prostitution)  4. general welfare (education, limit profits of public utilities)  Use of police powers often conflicts with civil rights protections

39. When Police Power and Civil Rights Collide…  DUI Are Field tests, breathalyzers, blood samples illegal search/seizure? Self incrimination? SC says NO-all these are reasonable procedures to promote safety  Does it violate your 4 th Amendment Rights…. To be stopped at a road block? NO To search your car? NO, as long as the car was stopped lawfully To be asked to take a breathalyzer? NO To be forced to take a breathalyzer? YES, but that is an automatic admission of guilt and loss of license for 1 year

40. Police Power and Due Process:  Does it violate your 4 th Amendment right… To be randomly tested for drugs in the workplace?  YES, without probable cause  NO, as a condition of employment To be tested for AIDS in the workplace?  YES To be tested for AIDS as a term of insurance?  NO

41. 4 th Amendment  Prohibits search and seizures without Probable cause – reasonable suspicion of a crime Search warrant – a court order authorizing a search Search based on anonymous tip w/o other evidence? NO In Plain View? YES Thermal imaging? NO Testing for drugs in unrelated hospital incident? NO

42. Exclusionary Rule  Any evidence obtained in an illegal search and seizure cannot be used as evidence in a Court.  Gives “teeth” to 4 th  Message to cops “as you enforce the law, obey the law”

43. Exceptions to Exclusionary Rule  Inevitable discovery: tainted evidence can be used in court if that evidence would have turned up no matter eventually under lawful means  “Good Faith” Ruling – if the officer thinks the warrant is valid and it later proves that it is not, the evidence CAN BE USED.

44. Prior Restraint  Govt. can’t place limits on spoken or written words before they are expressed unless its wartime, considered obscene, or incites violence

45. Rights of the Accused – 5 th and 6 th Amendments  Writ of Habeas Corpus – A Just Cause Hearing – usually within 72 hours Prisoner must be brought before the court to discuss being released. Possible Evidence  No Ex Post Facto Law Cannot apply law retroactively  Right to an attorney – 6 th  No Self-incrimination – 5 th

46. Rights of the Accused  No Double Jeopardy – 5th  Miranda Rule  Right to Adequate Defense – 6 th  Grand Jury Made up of 16-23 people who meet in secret and review evidence against the accused and if needed, will hand down an indictment (formal complaint)

47. Rights of the Accused – 8 th Amendment  No Excessive Bail  No Cruel or Unusual Punishment The Death Penalty  States decide if they want it  5 acceptable methods Gas chamber Electric chair Lethal injection Hanging Firing Squad

48. 8 th – No Cruel or Unusual Punishment  States decide what time to execute  Georgia has the death penalty  Alabama chair – “Yellow Mama”  Florida and Georgia ”Old Sparky”

49. Treason  Only crime defined in the Constitution is Treason.