civil liberties the bill of rights. introduction civil liberties: negative restraints on government...

Civil LibertiesCivil Liberties

The Bill of Rights

IntroductionIntroduction

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

Civil libertiesCivil 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?

Should government restrain...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”?

how about...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?

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

sand castles

Case write-ups

What issues involved in cases you researched?

Influences on civil liberties and rightsInfluences 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

Why is the 14th amendment important?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

Palko v. CT (1937)Palko v. CT (1937)

reinforced “selective incorporation” Honor roll of rights: fundamental rights today, most of the Bill of Rights applies

to state actions

First amendment rights

Freedom of religion Freedom of speech and of the press Freedom of assembly

Freedom of speech and of the pressFreedom of speech and of the press not absolute, but marketplace of ideas advocacy of ideas must be linked to

lawless action

Types of restrictionsTypes of restrictions

inciteful speech slander and libel obscenity prior restraint

Inciteful speechInciteful speech

Sandcastle: bad tendency to “clear and present danger” to direct incitement

Slander and libelSlander and libel

slander: untrue spoken statement that defames a person’s character

libel: (written) requires proof of actual malice for public

figure

ObscenityObscenity

work lacks any serious literary, artistic, political or scientific value

“reasonable person”/local standards

Prior RestraintPrior Restraint

censorship: prohibiting something from being published

Freedom of religionFreedom of religion

“wall of separation” between church and state

at the core of our personal being

The establishment clause prohibitsThe establishment clause prohibits government sponsorship of religion government financial support of religion government’s active involvement in

religious activity

Lemon v. Kurtzman (1971)Lemon v. Kurtzman (1971)

1. secular purpose? 2. neither inhibits nor advances

religion? 3. Avoids excessive entanglement in

religion?

Free exercise clauseFree exercise clause

ability to practice religion freely freedom v. order tensions

Due process and criminal justiceDue process and criminal justice

4th, 5th, 6th and 8th amendments

Fourth amendmentFourth 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

Mapp v. Ohio (1961)

exclusionary rule applied to states prohibits use of improperly seized

evidence at a trial

Fifth amendmentFifth amendment

protection from self-incriminationMiranda v. Arizona (1966)

–Miranda rights

Sixth amendmentSixth amendment

right to counselGideon v. Wainwright (1963)applied 6th amendment to state

felony cases

Eighth amendmentEighth amendment

cruel and unusual punishmentdeath penaltySandcastle: DNA tests; racial or

income levels

Food for thought...

should we be concerned about the uneven use of the death penalty among states?