Civil Liberties And Public Policy 4 Video The

Civil Liberties And Public Policy 4

Video: The Big Picture 4 http: //media. pearsoncmg. com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Edwards_Ch 04_Civil_LIberties_Se g 1_v 2. html

Edwards Learning Objectives 4 4. 1 Trace the process by which the Bill of Rights has been applied to the states 4. 2 Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights

Edwards Learning Objectives 4. 3 4. 4 4 Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights Describe the rights to assemble and associate protected by the First Amendment and their limitations

Edwards Learning Objectives 4 4. 5 Describe the right to bear arms protected by the Second Amendment and its limitations 4. 6 Characterize defendants’ rights and identify issues that arise in their implementation

Edwards Learning Objectives 4. 7 4. 8 4 Outline the evolution of a right to privacy and its application to the issue of abortion Assess how civil liberties affect democratic government and how they both limit and expand the scope of government

Video: The Basics 4 http: //media. pearsoncmg. com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg 2_Civil. Liberties_v 2. html

America’s Population Bill of Rights – Then and Now Bill of Rights and the States 4. 1

Bill of Rights – Then and Now Popular support n Added to Constitution by popular demand 4. 1

TABLE 4. 1: The Bill of Rights 4. 1

Bill of Rights – Then and Now Popular support n Rights supported more in theory than practice Civil liberties are not absolute n Limitations n Balanced against other societal values 4. 1

The Ten Commandments 4. 1

Video: In Context 4. 1 http: //media. pearsoncmg. com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg 3_Civil. Liberties_v 2. html

The Bill of Rights and the States First Amendment n Applied to federal government only n States had own bills of rights n Barron v. Baltimore (1833) Fourteenth Amendment n n Gitlow v. New York (1925) Due process clause Incorporation doctrine Not all rights incorporated 4. 1

TABLE 4. 2: The Incorporation of the Bill of Rights 4. 1

4. 1 Which right was the first to be incorporated? a. Freedom of religion b. Freedom of speech c. Freedom of Assembly d. Freedom from excessive bail 4. 1

Freedom of Religion Establishment Clause Free Exercise Clause 4. 1

Establishment Clause Education Religious Activities in Public Schools School Prayer Evolution Public Displays 4. 2

Establishment Clause Education n Lemon v. Kurtzman (1971) n Aid to parochial schools n Lemon Test n Ok to use public funds for buildings, textbooks, and school lunches; NOT for teacher salaries n Zelman v. Simmons-Harris (2002) n Vouchers are constitutional n General undertaking to provide educational opportunities to children n Paid directly to the parents; parents then made the choice where to spend that voucher 4. 2

Establishment Clause Religious Activities in Public Schools n Equal access for religious groups n Must fund religious student magazines if they fund secular ones n Scholarships and instruction n No state scholarship money for Theology degrees n No posting of Ten Commandments on public school property n Religious release ok as long as it takes place off campus School Prayer n Most controversial issue 4. 2

School Prayer 4. 2

Establishment Clause Evolution n Creationism n Trying again with “intelligent design” Public Displays n Advancing religion v. legitimate historical purpose n Holiday decorations n Inconsistent rulings 4. 2

Free Exercise Clause Belief versus practice n Not all practices protected 4. 2

Muhammad Ali 4. 2

Free Exercise Clause Belief versus practice n n Cannot violate rights of others Example case of the Amish Discrimination in employment Bob Jones University Strict scrutiny n Compelling state interest n Narrowly tailored 4. 2

4. 2 Which of the following is not part of the Lemon test? a. A law must neither advance nor inhibit religion. b. A law must not foster government entanglement with religion. c. A law must not impose costs on religious organizations. d. A law must have a secular legislative purpose. 4. 2

Freedom of Expression Prior Restraint Free Speech and Public Order Obscenity Libel and Slander Symbolic Speech Free Press and Fair Trials Commercial Speech Regulation of the Public Airwaves Campaigning 4. 3

Prior Restraint Near v. Minnesota (1931) n Unconstitutional censorship n Does not apply to students n Exception for national security 4. 3

Free Speech and Public Order Schenck v. United States (1919) n Wartime trade-offs n “Clear and present danger” standard n Dangerous or merely inconvenient? Anticommunism n Smith Act (1940) prosecutions n Forbade individuals from advocating for the violent overthrow of the US government 4. 3

Senator Joseph Mc. Carthy 4. 3

Free Speech and Public Order “Imminent lawless violence” standard n Brandenburg v. Ohio (1969) 4. 3

Obscenity Roth v. United States (1957) n Obscenity not constitutionally protected n But what is obscene? Miller v. California (1973) n n Appeals to prurient interest Patently offensive Lacking serious literary or artistic value Average people/local standards Regulating adult content 4. 3

Violent video game 4. 3

Libel and Slander Defamation n Libel = written n Slander = spoken n Standards for conviction high Public figures n New York Times v. Sullivan (1964) n Intentionally malicious Private individuals n Defamatory falsehood n Negligence 4. 3

Symbolic Speech Examples of symbolic speech n Wearing an armband n Burning the U. S. flag n Marching in a parade Limitations n Burning draft cards n Threats n Burning a cross to intimidate minorities 4. 3

Free Press and Fair Trials Can press coverage compromise the right to a fair trial? n Courts have not upheld restrictions n Trials are public n Sequestering juries Zurcher v. Stanford Daily (1978) n Journalists cannot withhold evidence n Subject to search warrants 4. 3

Commercial Speech and Regulation of the Public Airwaves 4. 3 Advertising n Federal Trade Commission (FTC) n No false claims n Prohibitions on advertising legal services Federal Communications Commission (FCC) n Licensing and regulations n Not applicable to cable and satellite

Howard Stern 4. 3

Campaigning Election Campaign Act of 1971 n Buckley v. Valeo (1976) n Spending money to influence elections is protected speech Mc. Cain-Feingold Act (2002) n Banned soft money contributions n Banned certain advertising Citizens United v. Federal Election Commission (2010) 4. 3

4. 3 What is the current standard for constitutionally protected speech? a. The “imminent lawless violence” standard b. The “I know it when I see it” standard c. The “clear and present danger” standard d. None of the above 4. 3

Explore the Simulation: You Are a Police Officer http: //media. pearsoncmg. com/long_longman_media _1/2013_mpsl_sim/simulation. html? simula. URL=5 4. 3

Freedom of Assembly Right to Assemble Right to Associate 4. 4

Right to Assemble Gathering to make a statement n Conflict with public order n Time, place, manner restrictions n No viewpoint discrimination Fine line with harassment n Abortion providers n Westboro Baptist Church 4. 4

Ku Klux Klan 4. 4

Right to Associate NAACP v. Alabama (1958) n Membership lists protected Military recruiters n Public schools cannot prohibit them 4. 4

4. 4 What sort of restrictions can be placed on freedom of assembly? a. Time b. Place c. Manner d. All of the above 4. 4

Right to Bear Arms Controversial right Subject to national, state, and local restrictions National Rifle Association (NRA) State militias or individuals? District of Columbia v. Heller (2008) Mc. Donald v. Chicago (2010) 4. 5

Gun show 4. 5

4. 5 When was the Second Amendment incorporated? a. 2010 b. 1791 c. 1868 d. 2008 4. 5

Defendants’ Rights Searches and Seizures Self-Incrimination Right to Counsel Trials Cruel and Unusual Punishment 4. 6

FIGURE 4. 1: The constitution and the Stages of the Criminal Justice System 4. 6

Searches and Seizures Fourth Amendment n Probable cause n Search warrants n Various cases, lots of exceptions Exclusionary rule n Mapp v. Ohio (1961) War on terrorism n USA Patriot Act (2001) 4. 6

Self-Incrimination Fifth Amendment n Burden of proof on prosecution Miranda v. Arizona (1966) n n Right to remain silent Knowledge that what you say can be used against you Right to an attorney present during questioning Right to have an attorney provided if you cannot afford one 4. 6

Criminal rights 4. 6

Right to Counsel and Trials Sixth Amendment right to attorney n Gideon v. Wainwright (1963) n State must provide attorney for indigent Habeas corpus n Not held without charge Speedy and public trial by impartial jury War on terrorism 4. 6

Guantánamo Bay prisoners 4. 6

Right to Counsel and Trials Plea bargaining Jury size of 12 traditional n Conviction must be unanimous 4. 6

Cruel and Unusual Punishment Eighth Amendment n n Not defined Incorporated in 1962 Prison overcrowding Gregg v. Georgia (1976) n Death penalty not cruel and unusual n Mc. Cleskey v. Kemp (1987) n Court rejected the argument that the death penalty violates the equal protection clause of the Fourteenth Amendment just because minority offenders and crimes involving white victims are more likely to result in a death sentence. 4. 6

Video: In the Real World 4. 6 http: //media. pearsoncmg. com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg 5_Civil. Liberties_v 2. html

FIGURE 4. 2: Decline of executions 4. 6

4. 6 What amendment protects against selfincrimination? a. Fourth b. Sixth c. Fifth d. Eighth 4. 6

Explore Civil Liberties: Shouldthe Government Apply the Death Penalty? 4. 6 http: //media. pearsoncmg. com/long_edwards_mpslgi a_16/pex 4. html

Right to Privacy Is There a Right to Privacy Controversy over Abortion 4. 7

Is There a Right to Privacy? How privacy is implied in Constitution n Religion: Right to exercise private beliefs n Search and seizure: Right to privacy in your home n Right to be left alone Griswold v. Connecticut (1965) n Court states right to privacy implied 4. 7

Controversy over Abortion Roe v. Wade (1973) n Prohibits state bans on abortion n Balancing test n State interest in protecting women’s health n State interest in protecting prenatal life Planned Parenthood v. Casey (1992) n From “strict scrutiny” to “undue burden” 4. 7

Anti-abortion protests 4. 7

FIGURE 4. 3: The Abortion Debate 4. 7

4. 7 What famous Supreme Court case prevented states from outlawing abortion? a. Planned Parenthood v. Casey b. Roe v. Wade c. Griswold v. Connecticut d. None of the above 4. 7

Understanding Civil Liberties and Democracy Civil Liberties and the Scope of Government 4. 8

Video: Thinking Like a Political Scientist 4. 8 http: //media. pearsoncmg. com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg 4_Civil. Liberties_v 2. html

Civil Liberties and Democracy depends upon freedom of expression n Need information to make decisions n Majority rule versus minority rights n Elites have protected minorities 4. 8

Civil Liberties and the Scope of Government Liberty and individualism prevail Can’t hide from vast government n Technology enables more intrusion n Irony that more government is needed to provide more protection 4. 8

4. 8 How does the Constitution limit democratic rule? a. By preventing a minority from passing unpopular laws b. By preventing the majority from restricting minority rights c. By preventing a minority from overruling the majority d. All of the above 4. 8