Civil liberties refer to rights of individuals against government intrusion found in the Bill of Rights

1
Civil Liberties

• Civil liberties refer to rights of individuals
  against government intrusion found in the Bill of
  Rights
• Civil rights concerns the rights of groups
  against discrimination or the positive
  protections of group rights by government.

2
The Incorporation Doctrine

• The Bill of Rights protected citizens from the
  national government, but the same protections did
  not automatically apply to the states.
• In Gitlow v. New York 1925 the Supreme Court
  argued that fundamental personal rights are
  protected from infringement by the states because
  of the due process clause.
• The 14th amendments due process clause created
  the possibility that some or all of the Bill of
  Rights might restrict actions by state
  governments.
• Since that time most, but not all, of the Bill of
  Rights have been incorporated into the states.
  This is known as the incorporation doctrine.

3
Is it constitutional?

• For a public school class to begin with a prayer?
  Why or why not?
• For students to meet at the Logan flagpole to
  have a prayer before school?
• To have in God we trust on our money or under
  God in our pledge of allegiance?

4
First Amendment Freedom of Religion

• Court Cases Engel v. Vitale (1962) The court
  ruled that prayer in a public school is
  unconstitutional.
• The establishment clause pertains to the
  separation of church and state. The free exercise
  clause prohibits the government from interfering
  in the way religion is practiced.
• Lemon Test Lemon v. Kurtzman (1971) a law or
  state action regarding religion was
  constitutional if
• There is a secular purpose
• The primary effect is not to advance or inhibit
  religion
• Government is not excessively entangled with
  religion

5
Is it constitutional?

• To yell fire in a crowded theater?
• To write something that is false about a person?

6
1st Amendment Freedom of Speech

• You cannot say anything you want about someone
  else.
• Defamation of character is not legal.
• Stating untruths about a person orally is
  slander.
• Writing untruths is called libel. When this is
  done on purpose it is done with actual malice.
• In Schenck v. US (1919) Supreme Court held that
  words that incite are not protected. The test was
  whether these words constituted a clear and
  present danger (e.g. yelling fire in crowded
  theater.)

7
Is it constitutional?

• For students to wear an armband at school
  protesting the war in Afghanistan?
• Yes. Students had the right to wear armbands
  during Vietnam War. It was protected as symbolic
  speech. Tinker v. Desmoines 1969

8
Is it constitutional?

• For American Nazis to march in a Jewish community
  in the US?

9
Freedom of speech and assembly

• Hate speech, or symbolic displays of hate are
  protected (e.g. cross burnings and racist
  propaganda) as in the case of the American NAZI
  party marching in Skogie Illinois.
• In a case involving the Ku Klux Klan the Supreme
  Court Ruled in that the state could not limit the
  Klans speech or ideas, unless it could be proven
  that their activities incited violence.
  Brandenburg v. Ohio (1969)

10
Is it constitutional?

• Can the US government censor an article that they
  dont like or think makes the government look
  bad?
• No. The government cannot censor a press story it
  doesnt like. For example, the New York Times
  published the Pentagon Papers during the Vietnam
  War. The Supreme Court in NY Times v US ruled
  there can be no prior restraint on a story.

11
Is it constitutional?

• Many states or cities pass gun control laws,
  which limit certain types of weapons or limit gun
  use?
• In a recent Supreme Court hearing, the gun
  control laws passed in Chicago were challenged by
  proponents of the second amendment.
• The key question was whether the second amendment
  is a fundamental individual right which should be
  incorporated into state laws, or a right that
  pertains to well regulated state
  militias,giving the right to states and
  localities to put limits on guns.

12
Whats the verdict

• 1. Do think current legislative attempts to
• Ban assault rifles
• Require universal background checks
• Limit the number bullets in a clip
• are Constitutional?
• 2. Do you think these measures would reduce gun
  violence?

13
Is it Constitutional?

• Can the police search your home without a
  warrant?
• Can the police search your car without a warrant?

14
4th amendment - search and seizure

• Protects people from unreasonable search and
  seizure.
• The Court argued the exclusionary rule, that
  evidence obtained illegally is not admissible in
  court. Mapp v. Ohio 1961
• The police can search a vehicle without a
  warrant if there is a valid reason to stop the
  vehicle in the first place.

15
Is there a right to privacy?

• The right of privacy is not mentioned in the
  Constitution. However, the Supreme Court found
  that such a right was implied.
• The Supreme Court struck down a state law that
  prohibited birth control counseling and made the
  use of contraceptives by married couples
  illegal. The Court argued that privacy is
  protected through the first, third, fourth, fifth
  and ninth amendments. Griswold v. Connecticut
  (1965) .

16
The Right to Privacy

• Privacy has also become more important with
  changes in technology. The courts rule regularly
  on the right of law enforcement to tap phones,
  take bank records, check computer searches etc.
  These issues fall under the 4th amendment.
• The argument over these issues has increased
  since 9/11 where Americans are regularly drawing
  the balance between security and privacy.

17
5th and 6th amendments Due process and public
trial

• A person cant be tried twice for the same crime
  double jeopardy.
• People have right to speedy trial
• Miranda v. Arizona (1964) gives the accused the
• Right to remain silent
• Any statement can be used in evidence
• Right to have an attorney present during
  questioning
• An attorney appointed if defendant cant afford
  one (Gideon v. Wainwright 1963)

18
The 8th Amendment

• Do you think the death penalty constitutes cruel
  and unusual punishment described in the eighth
  amendment? Why or why not?
• The death penalty was upheld by Supreme Court

19
Two types of Due Process

• Due process is the principle that government must
  respect all legal rights of a person (found in
  5th and 14th amendments)
• Procedural due process means that people who go
  before a court are guaranteed a fair trial
• Substantive due process means that each person
  has fundamental rights found in American history
  or traditions and these cannot be violated (e.g.
  Civil rights etc.)