CIVIL LIBERTIES

Chapter 5

THE BASICS

B

ill of Rights• Applies only to Federal Government• Stated what the government could DO

S

tates governed by their own Constitutions

1

4th Amendment changes all that

KEY CONCEPTS

E

qual protection under the law

D

ue process of law

S

elective incorporation

AMENDMENT I

R

ights to …

AMENDMENT I

R

ights to Freedom of…• Religion

AMENDMENT I

R

ights to Freedom of…• Religion• Speech

AMENDMENT I

R

ights to Freedom of…• Religion• Speech• Press

AMENDMENT I

R

ights to Freedom of…• Establishment of Religion• Speech• Press• Peaceable assembly

AMENDMENT I

R

ights to Freedom of…• Religion• Free speech• Press• Peaceable assembly• Petition for redress of grievances

RELIGION

“Congress shall make no law respecting an

establishment of religion,

or prohibiting the free exercise thereof;”

Wall-of-separation principle

FREEDOM OF SPEECH

“…or abridging the freedom

of speech, or of the press…”

“Expression”

FREEDOM OF EXPRESSION

Clear and present danger?

Libel and Slander?

Obscenity? (Page 110)

Symbolic speech?

THE PROBLEM OF…

“Youthful Speech”

&

“In-Your-Face” TV

HOW DOES THE COURT DECIDE?

P

referred position over other rights.

P

rior restraint is not allowed.

I

mminent danger can receive punishment.

N

eutrality – no favoritism.

C

larity in definitions of terms

L

east-restrictive means should be used.

AMENDMENT II

“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.”

AMENDMENT IV

“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.”

CRIMINAL CIRCUMSTANCES

E

xclusionary Rule

R

easonable Expectation of Privacy

G

ood Faith Exception

AMENDMENT V“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.”

AMENDMENT VI“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.”

AMENDMENT VII

“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 re-

examined in any Court of the United States,

than according to the rules of the common

law.”

AMENDMENT VIII

“Excessive bail shall not be

required, nor excessive fines

imposed, nor cruel and

unusual punishments

inflicted.”

WE ARE A NATION OF CULTURES

C

ompeting Rights• Protests at military funerals• The Pentagon Papers• The Skokie march• Christmas displays• Bilingualism• Sexual Orientation

CIVIL RIGHTS

Chapter 6

To be treated without unreasonable

or unconstitutional differences.

“THE BLACK PREDICAMENT”

W

hy is it such a large part of the civil

rights question?• Small part of the population, but…• So much HISTORY

Racial Profiling

HOW CAN IT BE SOLVED?

D

ramatization builds public support

M

ove the issue from Congress to the Courts

TOWARD A SOLUTION

1

4th Amendment

P

lessy v. Ferguson

D

e Jure segregation

D

e Facto segregation

DOES PLESSY APPLY TO SCHOOLS?

F

irst we need equal availability

T

hen we need to remove barriers

F

inally, separate is determined to be

“inherently unequal”

AFFIRMATIVE ACTION

E

quality of Opportunity only?

E

quality of Results?• Reverse discrimination

T

argets or Quotas?

GENDER DISCRIMINATION

“

Protection” rather than subjugation• Abortion?

R

ole of WW II

I

s allowed if…• Reasonable means to achieve a legitimate goal• Serves an important government goal and is related• Serves a compelling interest

SEXUAL HARASSMENT

Q

uid pro quo• Employer is strictly liable

S

teady pattern• Employer may be negligent

“

Hostile work environment”

OTHER TARGETS

G

ays

T

he Disabled

A

liens

KEY SUPREME COURT CASES

H

ere is your Excel spreadsheet