Civil Liberties

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Civil Liberties
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• As an American citizen, what is your most
  important right? Why?

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In the Bill of Rights, find the following

• The right to join the communist party
• The right to make fun of the president
• The right to be Catholic
• The right to privacy
• The right to remain silent
• The right to burn an American flag
• The right to advocate the violent overthrow of
  the government

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First

• 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.

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Second

• A well regulated Militia, being necessary to the
  security of a free State, the right of the people
  to keep and bear Arms, shall not be infringed.

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Third

• No Soldier shall, in time of peace be quartered
  in any house, without the consent of the Owner,
  nor in time of war, but in a manner to be
  prescribed by law.

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Fourth

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no Warrants shall issue, but upon
  probable cause, supported by Oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.

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Fifth

• No person shall be held to answer for a capital,
  or otherwise infamous crime, unless on a
  presentment or indictment of a Grand Jury, except
  in cases arising in the land or naval forces, or
  in the Militia, when in actual service in time of
  War or public danger nor shall any person be
  subject for the same offence to be twice put in
  jeopardy of life or limb nor shall be compelled
  in any criminal case to be a witness against
  himself, nor be deprived of life, liberty, or
  property, without due process of law nor shall
  private property be taken for public use, without
  just compensation.

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Sixth

• In all criminal prosecutions, the accused shall
  enjoy the right to a speedy and public trial, by
  an impartial jury of the State and district
  wherein the crime shall have been committed,
  which district shall have been previously
  ascertained by law, and to be informed of the
  nature and cause of the accusation to be
  confronted with the witnesses against him to
  have compulsory process for obtaining witnesses
  in his favor, and to have the Assistance of
  Counsel for his defence.

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Seventh

• In suits at common law, where the value in
  controversy shall exceed twenty dollars, the
  right of trial by jury shall be preserved, and no
  fact tried by a jury, shall be otherwise
  reexamined in any Court of the United States,
  than according to the rules of the common law.

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Eighth

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.

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Ninth

• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.

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Tenth

• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people

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What does the Bill of Rights do?

• Protect rights that facilitate democratic
  processes
• Protect against state involvement in private life

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Does the Bill of Rights prohibit actions taken by
the states?
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14th Amendment

• All persons born or naturalized in the United
  States and subject to the jurisdiction thereof,
  are citizens of the United States and of the
  State wherein they reside. No State shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States nor shall any State deprive any
  person of life, liberty, or property, without due
  process of law nor deny to any person within its
  jurisdiction the equal protection of the laws.

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Selective Incorporation

• The Supreme Court selectively applies the
  provisions of the Bill of Rights to state laws
  and practices, one right at a time.
• Palko v. Connecticut

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Why are rights of accused criminals so prominent
in the Bill of Rights?
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Rights of the criminally accused

• Search and Seizure (4th)
• Exclusionary rule (Mapp v. Ohio)
• Limits?

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Rights of the criminally accused

• Search and Seizure (4th)
• Jury Trial (7th)
• Double jeopardy (5th)
• Self incrimination (5th)
• Miranda v. Arizona (1966)

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Rights of the criminally accused

• Search and Seizure (4th)
• Jury Trial (5th)
• Double jeopardy (5th)
• Self incrimination (5th)
• Counsel (6th)
• Gideon v. Wainwright (1963)

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Rights of the criminally accused

• Search and Seizure (4th)
• Jury Trial (5th)
• Double jeopardy (5th)
• Self incrimination (5th)
• Just compensation (5th)
• Counsel (6th)
• Cruel and unusual punishment

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What other rights are essential to a functioning
democracy?
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Free expression

• Congress shall make no law 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.

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Rights to free expression

• Freedom of Speech
• Strict Scrutiny Burden of proof is placed on the
  government to show that the law is constitutional
  rather than on the challengers to show that the
  law is not constitutional.

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Protected Speech

• The truth.
• Except clear and present danger
• Except fighting words
• Except obscenity
• Falsehoods
• Unless reckless disregard for the truth
• Libel (print)
• Slander (oral)
• Speech Plus Conduct

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Does free speech give the right to offensive
speech? What do you think about speech codes?
Hate speech?
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Freedom of the Press

• Doctrine of no prior restraint.
• Near v. Minnesota

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Freedom of religion

• Congress shall make no law respecting an
  establishment of religion or prohibiting the free
  exercise thereof
• Two clauses
• Establishment clause
• Free exercise clause

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Establishment clause issues

• Does teaching intelligent design in public school
  science classes constitute laws respecting an
  establishment of religion?Does allowing a
  moment of silence at the beginning of a class
  period?Does reciting the phrase under God in
  the Pledge of Allegiance?

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Right to bear arms

• A well regulated Militia, being necessary to the
  security of a free State, the right of the people
  to keep and bear Arms, shall not be infringed.

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Privacy

• Read Griswold v. Connecticut (1965).
• How would you decide this case?
• What is a penumbra?
• Where in the Constitution does the court find the
  right to privacy?

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Right to privacy

• Found in penumbra created by
• Right to associate (1st)
• No Soldier shall, in time of peace be quartered
  in any house, without the consent of the Owner,
  nor in time of war, but in a manner to be
  prescribed by law. (3rd)
• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated (4th)
• Right against self incrimination (5th)
• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people. (9th)