CIVIL LIBERTIES CIVIL LIBERTIES n n Freedoms that

CIVIL LIBERTIES

CIVIL LIBERTIES n n Freedoms that governmental authority can not normally suppress Relative, not absolute n n “fire”-harming others Originally-only for the federal government n n 14 th Amendment-”no STATE shall deprive any person of life, liberty, or property” Due Process n n n Procedural-right to trial Substantive-law or action may not impair basic rights Incorporation-applies Bill of Rights to states n n Gitlow v. New York (1925) Exceptions n Grand jury n Right to bear Arms

FREEDOM OF RELIGION n “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. ” Separation of church and state n Freedom to practice n

FREEDOM OF RELIGION n Establishment Clause n No official state religion n May not show favoritism n Lemon v. Kurtzman (1971) n n “Lemon Test” n Secular Purpose n Not advance or interfere with religion n No “excessive entanglement” Public assistance to church supported schools unconstitutional n Exceptions: textbooks, standardized testing, computers, special education

FREEDOM OF RELIGION n Establishment Clause n No recitation of state written prayer n n No religiously motivated moment of silence n n Wallace v. Jaffree (1985) Permits tax dollars to subsidize parochial and private school education in the voucher program n n Engel v. Vitale (1962) Zelman v. Simmons-Harris (2002) Future legal tests n n n Creationism/intelligent design “Under God” Display of 10 Commandments

FREEDOM OF RELIGION n Free Exercise Clause n Does not give license for harmful or antisocial religious practices n n Usually protects an individual’s religious beliefs n n Human sacrifice Denial of medical treatment Polygamy n Reynolds v. US (1878) Jehovah Witness-don’t salute flag Amish-no schooling after 8 th grade Conscientious objector Exceptions n Military dress

FREEDOM OF SPEECH & PRESS Libel n Slander n Monetary restitution n Symbolic Speech (Expression) n No draft card burning n Approved wearing arm bands in protest n n n Flag Burning n n Tinker v. Des Moines (1965) Texas v. Johnson (1989) No Cross Burning (2003)

FREEDOM OF SPEECH & PRESS n Clear & Present Danger n No immediate and recognizable harm n n Bad tendency rule n n Schenck v. US (1919) Gitlow v. NY (1925) n Speaker can not urge audience to commit crimes Smith Act (1940) n Groups who advocate overthrow of US government n Communism

FREEDOM OF SPEECH & PRESS n Prior Restraint n Unconstitutional to censor content of newspaper before printed n n New York Times v. US (1971) n Pentagon Papers-Vietnam War Exceptions n n School newspapers n Hazelwood School District v. Kuhlmeier (1988) n Students limited rights Gag Orders n Court orders that prevent the press from writing stories about the cases before it is tried

FREEDOM OF SPEECH & PRESS n Shield Laws-revealing sources n Branzburg v. Hayes (1972) n n n Not exempt from supplying information to grand jury Special exemptions furnished by congressional or state laws 30 states-limited immunity

FREEDOM OF SPEECH & PRESS n Obscenity n Problem: what is obscene? n n Miller v. California (1973) n n Community decides Literature & video Depicts sexual conduct in offensive manner Lack of literary or artistic merit Internet n n Transcends geographical boundaries Children’s Internet Protection Act (CIPA) (2000) n Mandates use of filtering software in schools and libraries

FREEDOM OF ASSEMBLY & PETITION n Allows for peaceable assembly to voice grievances, unless Interferes with traffic n Blocks entrances to public buildings n Disrupts learning activities at schools n Need permits from local governments n Anti-loitering laws n

4 TH AMENDMENT Purpose-prevent law enforcement from searching a citizen’s residence without a judge -issued search warrant based on probable cause n Most searches conducted without a warrant n Individual voluntarily agrees to a search n Police search following a lawful arrest n Cars with probable cause n n n Includes tests for intoxication Plain view

4 TH AMENDMENT n Exclusionary Rule Evidence that is improperly obtained cannot be used in court n Mapp v. Ohio (1961) n Supporters-compels the police to acquire evidence in just manner n Opponents-interfere with the prosecution and conviction of guilty people n n Wiretapping & Electronic Surveillance n Permitted if certain procedures are followed n Warrant needs to be issued

4 TH AMENDMENT n Patriot Act (2001) Modifications to 4 th Amendment n Improve the investigative abilities of the FBI and other federal agencies n Roving-surveillance of suspected terrorist communication devises without warrant n Sneak and Peek-allowed for secret searches of a person’s home and property without prior notice n Replaced probable cause with “significant purpose” or “relevant to an on-going investigation” n

5 TH AMENDMENT n Self-Incrimination n n Grand Jury n n Citizen does not have to say anything that could lead others to believe he/she is guilty of the alleged offense Federal, 16 to 23 citizens, issue bill of indictment stating there is enough evidence to justify a jury trial Double Jeopardy n n Prevents the state from repeatedly prosecuting a citizen in court until it finally achieves a guilty verdict Individual may not be tried again for the exact same crime after being found innocent of that crime

6 TH AMENDMENT n Right to counsel n Gideon v. Wainwright (1963) n n Right to speedy and public trial n n n Minimize trial delays No more than 100 days should pass between arrest and trial Impartial jurors n n n Counsel provided for those who cannot afford to pay Federal-12 State-6 Plea Bargaining n n Majority of people never have jury trials The accused, in exchange for admitting guilt, charged with a lesser crime

8 TH AMENDMENT n Excessive Bail and Fines n n n Bail-specified amount of money, set by the court, serves as a guarantee that an individual will appear in court Bail not Constitutional guarantee, just can not be excessive Cruel and Unusual Punishment n n n Death Penalty Furman v. Georgia (1972)-mitigating factors Gregg v. Georgia (1976)-two hearings Ring v. Arizona (2002)-only juries Atkins v. Virginia (2002)-no mentally handicapped citizens can be put to death Roper v. Simmons (2005)-Juvenile offenders can not be put to death

PRIVACY n n Not specifically mentioned in Constitution Supreme Court has stated it is implied through the 9 th Amendment n n “given all rights even if not mentioned” Questions n n n n Abortion Defining Death In-Vitro Fertilization Frozen Embryos Artificial Insemination Right to die Families right to make decisions for comatose patients Tapping of cell phones