chapter 4: civil liberties

Chapter 4: Civil Liberties

By Monica CristianTimothy

• Collective name for the first ten amendments to the United States Constitution. • Serve to protect the natural rights of liberty

and property. • Guarantee a number of personal freedoms,

limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public. • Originally applied only to the federal

government, but were eventually applied to the states by way of the Fourteenth Amendment.

• The amendments were introduced by James Madison to the 1st United States Congress as a series of legislative articles. They were adopted by the House of Representatives on August 21, 1789, formally proposed by joint resolution of Congress on September 25, 1789, and came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the States.

• Prohibits the making of any law that:a. Respects an establishment of religionb. Impedes the free exercise of religion c. Abridges the freedom of speech or infringing on

the freedom of the press d. Interferes with the right to peaceably assemble or

prohibiting the petitioning for a governmental redress of grievances

Freedom of Expression

Right to Assemble and Associate

• Right to assemble - the right to gather together in order to make a statement

• Within reasonable limits (called time, place, and manner restrictions), freedom of assembly includes the rights to parade, picket, and protest.

• Right to associate - freedom to associate with people who share a common interest

• The right to associate includes the right to meet with people who want to create political change. -Court Case Example: NAACP v. Alabama (1958) ruled that the NAACP did not have to reveal its membership list and thus subject its members to harassment

Right to Bear Arms

Right to Bear Arms-

• District of Columbia v. Heller (2008)• Right to possess a firearm for self-defense within the

home.• Requiring firearm in home to be disassembled or

bound by trigger lock is unconstitutional.• McDonald v. Chicago (2010)

• Extended 2nd Amendment’s limits on restricting right to bear arms to state and local laws.

•Freedom of speech, of the press, of association, of assembly and petition -- this set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression.•Prior Restraint – Is when the government is preventing material from being published. - Court Case Example: Near v. Minnesota (1931) ruling that the 1st Amendment protects newspapers from prior restraint.•Free Speech and Public Order- War often brings government efforts to enforce censorship. - Court Case Example: In Schenck v. United States (1919), Justice Oliver Wendell Holmes declared that government can limit speech if it provokes a clear and present danger of “substantive evils that Congress has a right to prevent.”

Obscenity- • Public standards vary from time to time, place to place, and person

to person.• Work that some call “obscene” may be “art” to others.• No nationwide consensus exists that offensive material should be

banned -Court Case Example: Roth v. United States (1957) ruling that “obscenity is not constitutionally protected

Libel and Slander-• Libel (the publication of statements known to be false that tend to

damage a person’s reputation) and slander (spoken defamation) are not protected by the First Amendment. - Court Case Example :New York Times v. Sullivan (1964) ruled that statements about public figures are libelous only if made with reckless disregard for truth.

Symbolic Speech-•Symbolic speech refers to actions that do not consist of speaking or writing but that express an opinion. -Court Case Example: Texas v. Johnson (1989) ruled that the burning of the American flag was symbolic speech protected by the First Amendment

Free Press and Free Trials- •A few states have passed shield laws to protect reporters in situations where they need to protect a confidential source; but in most states, reporters have no more rights than other citizens once a case has come to trial. -Court Case Example: Branzburg v. Hayes (1972) If no shield laws, the right of a fair trial preempts reporter’s right to protect sources.

Regulation of the Public Airwaves-• Broadcast stations must follow Federal Communication

Commission rules and regulations. -Court Case Example: United States v. Playboy Entertainment Group (2000) – Regulation must be narrowly tailored to promote a compelling governmental interest.

• Interpreting Defendants’ Rights• Criminal Justice personnel are limited by the Bill of

Rights and failure to follow constitutional protections may invalidate a conviction.

• Courts continually rule on what is constitutional and what is not.

• Searches and Seizures• Probable Cause – When the police have reason to

believe that a person should be arrested.• Exclusionary rule – Evidence obtained

unconstitutionally can not be introduced into a trial.• Mapp v. Ohio (1961) – Protection of 4th Amendment

against unreasonable searches and seizures extended to the states.

• Self-Incrimination• When an individual accused of a crime is compelled to

be a witness against himself or herself in court.• Miranda v. Arizona (1966) ruled that set guidelines

for police questioning of accused persons must be used to protect them against self-incrimination and to protect their right to counsel.

• The Right to Counsel• Sixth Amendment – The right to counsel, the right to

confront witnesses, and the right to a speedy and public trial.

• Gideon v. Wainwright (1963) – Anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer.

•Trials• Plea bargaining – A bargain between the prosecution

and defense for a defendant to plead guilty to a lesser crime; 90 percent of cases end here and do not go to trial

• Juries generally consist of 12 people, but unanimity is not always needed to convict.

• Cruel and unusual punishment. 8th amendment. Gregg v. Georgia declares that death penalty is not cruel and unusual; it should be used extremely.

Right to Privacy

• The right to a private personal life free from the intrusion of government. (implied by 4th and 9th Amendments)• Controversy over Abortion

• Roe v. Wade (1973) – Ruling that a state ban on all abortions was unconstitutional.

• Rights ensured in the Bill of Rights are essential to democracy. Courts protect this.

• Civil Liberties and the Scope of Government• In deciding between freedom and

order, the United States generally chooses liberty.

• Civil liberties limit the scope of government, even though government efforts are needed to protect rights.

AP Multiple Choice Questions

1) The right of the people to be secure of their possessions (persons, houses, and papers) against unreasonable searches is protected by the _____ Amendment.

a. firstb. secondc. thirdd. fourth

AP Multiple Choice Questions2) In which 1966 Supreme Court decision did they set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel

a. Near v. Minnesotab. Miranda v. Arizonac. Roth v. United Statesd. Tellez v. Macalino


3) The Right to bear Arms is guaranteed by the _____ Amendment.

a. thirdb. fourthc. secondd. sixth


4) The right to a private personal life free from the intrusion of government is _______.

a. right to privacyb. freedom of expression c. free exercise claused. exclusionary rule


5) The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional was _______.

a. Planned Parenthood v. Caseyb. Roe v. Wadec. McClesky v. Kempd. Mapp v. Ohio

AP FRQ Practice Question

• Describe an Amendment passed by Congress and explain the rights the individual is granted. Include how it has an impact on society and discuss whether or not you agree with the amendment. How could you improve it? Explain and Use Evidence.

chapter 4: civil liberties

Documents