AP GOVERNMENT CIVIL LIBERTIES CIVIL LIBERTIES Civil Liberties

AP GOVERNMENT CIVIL LIBERTIES

CIVIL LIBERTIES � Civil Liberties are individual’s legal and constitutional protections against the government. � Although our civil liberties are set down in the Bill of Rights; the courts, police, and legislatures define their meaning.

Bill of Rights � The Bill of Rights and the States �The Bill of Rights is the first 10 amendments. �Written to restrict the national government. �Most are “incorporated” into state and local laws.

�A literal meaning of the First Amendment suggests that it does not prohibit a state government from passing a law prohibiting the free exercise of religion, free speech, or freedom of press � Due Process Clause: Contained in the 5 th and 14 th Amendments, guarantees individuals a variety of rights � Substantive due process: protects citizens from arbitrary or unjust state or federal laws

INCORPORATION DOCTRINE ○ Incorporation Doctrine: The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the States through the 14 th Amendment

FREEDOM OF RELIGION � Establishment Clause: Part of the first amendment stating that Congress shall make no law respecting an establishment of religion � The Free Exercise Clause: �Prohibits government from interfering with the practice of religion �Some religious practices may conflict with other rights, and then be denied or punished

FREEDOM OF EXPRESSION �Prior restraint: Censorship- A government preventing material from being published. This is a common method of limiting the press in some nations but the First Amendment deems this to be unconstitutional in most cases.

LIBEL �The publication of false or malicious statements that damage someone’s reputation

�Symbolic Speech: nonverbal communication such as burning the American flag. Some symbolic speech is protected under the 1 st Amendment. � Action cannot be seen as a threat!! �Commercial Speech: Communication in the form of advertisement

FREEDOM TO ASSEMBLE � It is the basis forming interest groups, political parties, and professional associations as well as picketing and protesting. � Time, place, and manner restrictions enforced

4 th Amendment: Search & Seizure Defendant’s Rights Probable Cause: when the police have reason to believe that a person should be arrested � Unreasonable Searches and Seizures: Obtaining evidence in a haphazard or random manner � Mapp v. Ohio (Exclusionary Rule) � � � Exclusionary Rule: Evidence, no matter how incriminating cannot be introduced into a trial if it was not constitutionally obtained � Search warrant: A written authorization from a court specifying the area to be searched and what the police are searching for

5 th Amendment: Self. Incrimination and Double Jeopardy � Self-Incrimination �The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court � Miranda v. Arizona (1966)

6 th Amendment: Right to Counsel �The state must provide lawyers in most criminal cases. �Gideon v. Wainwright (1963) �Right to speedy and public trial by an impartial jury

8 th Amendment: Cruel and Unusual Punishment � The Death Penalty �Varies from state to state �Cannot be mandatory

“RIGHT TO PRIVACY” � Is There a Right to Privacy? �The right to a private personal live free from the intrusion of government. �Not explicitly stated in the Constitution �Implied by the Fourth Amendment �Very debatable

Understanding Civil Liberties and Democracy �People need the right to express themselves. �Courts continue to define the limits of civil liberties. � Civil Liberties and the Scope of Government �Must decide the line between freedom & order �Civil liberties limit the scope of government �