Chapter 5Chapter 5Civil LibertiesCivil Liberties
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WHO GOVERNS?WHO GOVERNS?1. Why do the courts play so large a role 1. Why do the courts play so large a role
in deciding what our civil liberties in deciding what our civil liberties should be?should be?
TO WHAT ENDS?TO WHAT ENDS?1.1. Why not display religious symbols on Why not display religious symbols on
government property?government property?
2.2. If a person confesses to committing a If a person confesses to committing a crime, why is that confession crime, why is that confession sometimes not used in court?sometimes not used in court?
3.3. Does the Patriot Act reduce our Does the Patriot Act reduce our liberties?liberties?
Culture and Civil LibertiesCulture and Civil Liberties
Rights in ConflictRights in Conflict Cultural ConflictsCultural Conflicts Applying the Bill of Rights to the Applying the Bill of Rights to the
StatesStates• Due process of lawDue process of law• Equal protection of the lawEqual protection of the law• Selective incorporationSelective incorporation
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Figure 5.1 Annual Legal Figure 5.1 Annual Legal Immigration, 1850-2005Immigration, 1850-2005
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Note: Figures for 1989 and 1990 include persons granted permanent residence under the legalization program of the Immigration and Reform and Control Act of 1986. Source: Office of Immigration Statistics, 2005 Yearbook of Immigration Statistics. (Washington, D.C.: Department of Homeland Security, 2006), p. 5.
Interpreting and Applying the Interpreting and Applying the First AmendmentFirst Amendment
Freedom of Freedom of expressionexpression
Freedom of religionFreedom of religion Prior restraintPrior restraint Clear-and-present Clear-and-present
danger testdanger test
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Women picketed in front of Women picketed in front of the White House, urging the White House, urging President Warren Harding President Warren Harding to release political radicals to release political radicals arrested during his arrested during his administration. p. 104administration. p. 104
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Bettmann/CORBIS
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What is Speech?What is Speech?
LibelLibel ObscenityObscenity Symbolic SpeechSymbolic Speech
A Ku Klux Klan member uses his constitutional right to free speech to utter “white power” chants in Skokie, Illinois, p. 105 .
Tim Boyle/Newsmakers/Getty Images
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““Symbolic speech”: when Symbolic speech”: when young men burned their young men burned their draft cards during the draft cards during the 1960s to protest the 1960s to protest the Vietnam War, the Vietnam War, the Supreme Court ruled that Supreme Court ruled that it was an illegal act for it was an illegal act for which they could be which they could be punished. p. 108punished. p. 108
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Bettmann/CORBIS
Commercial and Commercial and Youthful SpeechYouthful Speech
CorporationsCorporations Interest GroupsInterest Groups YouthYouth
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p. 109
Church and StateChurch and State The Free Exercise Clause: Congress The Free Exercise Clause: Congress
shall make no law prohibiting the shall make no law prohibiting the “free exercise” of religion“free exercise” of religion
Establishment Clause: Congress Establishment Clause: Congress shall make no law “respecting an shall make no law “respecting an establishment of religion”establishment of religion”
Wall of Separation: Court ruling that Wall of Separation: Court ruling that government cannot be involved with government cannot be involved with religionreligion
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Crime and Due ProcessCrime and Due Process
The Exclusionary RuleThe Exclusionary Rule Search and SeizureSearch and Seizure
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The Threat Operations Center at the National Security Agency in The Threat Operations Center at the National Security Agency in Fort Meade, Virginia. p. 114Fort Meade, Virginia. p. 114
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JASON REED/Reuters/Landov
MEMORANDUMMEMORANDUM
To: To: Rebecca Saikia, Supreme Court justiceRebecca Saikia, Supreme Court justice
From: From: David Wilson, law clerkDavid Wilson, law clerk
Subject: Subject: Patriot Act and librariesPatriot Act and libraries
The Patriot Act allows the FBI to seek the records of possible The Patriot Act allows the FBI to seek the records of possible terrorists from banks, businesses, and libraries. Many terrorists from banks, businesses, and libraries. Many libraries claim this will harm the constitutional rights of libraries claim this will harm the constitutional rights of Americans. You support these rights, but are also aware of Americans. You support these rights, but are also aware of the need to protect national security.the need to protect national security.
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WHAT WOULD YOU DO?WHAT WOULD YOU DO?
Arguments supporting the Patriot Act:Arguments supporting the Patriot Act:
1. The Patriot Act does not target individuals who have not 1. The Patriot Act does not target individuals who have not violated a criminal law and who do not threaten human life.violated a criminal law and who do not threaten human life.
2. For the FBI to collect information about borrowers, it must 2. For the FBI to collect information about borrowers, it must first obtain permission from a federal judge.first obtain permission from a federal judge.
3. Terrorists may use libraries to study and plan activities that 3. Terrorists may use libraries to study and plan activities that threaten national security.threaten national security.
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WHAT WOULD YOU DO?WHAT WOULD YOU DO?
Arguments against the Patriot Act:Arguments against the Patriot Act:
1. Freedom of speech and expression are fundamental 1. Freedom of speech and expression are fundamental constitutional guarantees that should not be infringed.constitutional guarantees that should not be infringed.
2. The law might harm groups engaged in peaceful protests.2. The law might harm groups engaged in peaceful protests.
3. The law allows the government to delay notifying people 3. The law allows the government to delay notifying people that their borrowing habits are being investigated.that their borrowing habits are being investigated.
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WHAT WOULD YOU DO?WHAT WOULD YOU DO?
Your decision:Your decision:
Uphold this provision?Uphold this provision?
Overturn this provision?Overturn this provision?
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WHAT WOULD YOU DO?WHAT WOULD YOU DO?
Confessions and Self-IncriminationConfessions and Self-Incrimination Relaxing the Exclusionary RuleRelaxing the Exclusionary Rule Terrorism and Civil LibertiesTerrorism and Civil Liberties Searches without WarrantsSearches without Warrants
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Crime and Due ProcessCrime and Due Process
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p. 119
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Inside a cell at the terrorist prison in Guantanamo, Inside a cell at the terrorist prison in Guantanamo, where Muslim inmates receive a copy of the Koran,where Muslim inmates receive a copy of the Koran,a chess set, and an arrow pointing toward Mecca. a chess set, and an arrow pointing toward Mecca. p. 119p. 119
JOE SKIPPER/ Reuters/ Corbis
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