Civil Liberties Civil Rights US Politics Civil Liberties

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Civil Liberties & Civil Rights US Politics

Civil Liberties & Civil Rights US Politics

Civil Liberties & Civil Rights w AMENDMENTS PARAGRAPH DUE 5 MIN AFTER CLASS STARTS!!!

Civil Liberties & Civil Rights w AMENDMENTS PARAGRAPH DUE 5 MIN AFTER CLASS STARTS!!! w Obj: TLW understand the following: w Definition/Distinction w 1 st Amendment Issues w Rights of the Accused & Criminal Justice w Civil Rights

Definition w Civil Liberties -- Rights that need protection from the government w Civil

Definition w Civil Liberties -- Rights that need protection from the government w Civil Rights -- Rights that need protection by the government

Definition w Judicial Review w Marbury v. Madison (1803) w Judicial Review: power of

Definition w Judicial Review w Marbury v. Madison (1803) w Judicial Review: power of the Supreme Court to determine the meaning of the constitution w Incorporation Theory: applying the protections of the Bill of Rights to the actions of state governments via the 14 th Amendment

What is Marbury v Madison about? w http: //www. teachertube. com/video/239856

What is Marbury v Madison about? w http: //www. teachertube. com/video/239856

1 st Amendment Issues w First Amendment rights include: n n Religious Freedom Free

1 st Amendment Issues w First Amendment rights include: n n Religious Freedom Free Speech Free Press Free Assembly and petition

1 st Amendment Issues Religious Freedom w Religious Freedom has 2 components n n

1 st Amendment Issues Religious Freedom w Religious Freedom has 2 components n n Anti-establishment Free Exercise

The First Amendment Explained

The First Amendment Explained

Religious Freedom w Anti-Establishment clause w 1971 - Lemon v. Kurtzman n Aid must

Religious Freedom w Anti-Establishment clause w 1971 - Lemon v. Kurtzman n Aid must be secular in intent Its primary effect can neither enhance nor inhibit religion Government must avoid “excessive entanglement” with religion

Religious Freedom w Is aid -- tax dollars -- to church related schools permissible?

Religious Freedom w Is aid -- tax dollars -- to church related schools permissible? Courts have ruled that it is ok for tax dollars to be spent on: school lunch, transportation, speech/hearing support, standardized tests, computer purchases and internet access, vouchers; subject to Lemon test restrictions

Religious Freedom w Free Exercise n n Distinction between belief and practice Exemptions for

Religious Freedom w Free Exercise n n Distinction between belief and practice Exemptions for religious groups for various regulatory requirements: l l l faith healing immunization exemption reporting infectious disease exemption child neglect exemption licensing exemption

Supreme Court: case summaries Turn a sheet of notebook paper horizontal and make 4

Supreme Court: case summaries Turn a sheet of notebook paper horizontal and make 4 columns Case Name / Year / Case facts / Court decision Expectations: Note important facts for each case (enough to take an open notes test)

Religious Freedom w School Prayer? n Mandatory? Engel v. Vitale (1962) n Daily bible

Religious Freedom w School Prayer? n Mandatory? Engel v. Vitale (1962) n Daily bible readings? Abington School District v. Schempp (1963) n Moment of silent prayer? Wallace v. Jaffree (1985) n Moment of silence for nonreligious reasons? Bown v. Gwinnett County S. D. (1997)

Religious Freedom w Prayer outside of school n Permissible to have religious leaders not

Religious Freedom w Prayer outside of school n Permissible to have religious leaders not affiliated with school at “official” school events? (Lee v. Weisman [1992]) n Permissible to have student led prayer at official school events? Santa Fe Independent S. D. v. Doe (2000)

Religious Freedom w Display of Ten Commandments? Stone v. Graham (1980) Mc. Creary County

Religious Freedom w Display of Ten Commandments? Stone v. Graham (1980) Mc. Creary County v. ACLU (2005)

Religious Freedom w Evolution vs. Creationism n Edwards v. Aguillard (1987)

Religious Freedom w Evolution vs. Creationism n Edwards v. Aguillard (1987)

Religious Freedom w Kitzmiller et. al. vs Dover Area School District (2005)

Religious Freedom w Kitzmiller et. al. vs Dover Area School District (2005)

Religious Freedom w Free Exercise n Is animal sacrifice permissible? Church of the Lukumi

Religious Freedom w Free Exercise n Is animal sacrifice permissible? Church of the Lukumi Babalu Aye v. City of Hialeah (1993)

EQ: What rights are protected by the Supreme Court in the first amendment? Today

EQ: What rights are protected by the Supreme Court in the first amendment? Today you will learn about limits on freedom of speech and press. After taking notes, each student will be assigned a court case concerning freedom of expression. Follow the grade rubric for the assignment. All case summaries are due at the start of next class. No additional class time will be provided.

Freedom of Expression w Unprotected speech n n n Obscenity Fighting Words Heckler’s Veto

Freedom of Expression w Unprotected speech n n n Obscenity Fighting Words Heckler’s Veto Hate Speech Slander Advocate illegal activities

Freedom of the Press w In general, same protections as speech with some permissible

Freedom of the Press w In general, same protections as speech with some permissible restrictions n national security l censorship permissible if protects national security

Freedom of the Press w “fair trial” issues n n protect witnesses protect accused

Freedom of the Press w “fair trial” issues n n protect witnesses protect accused

Freedom of the Press w Print vs Non-print media n n Print has greater

Freedom of the Press w Print vs Non-print media n n Print has greater protection Non-print, distinction between finite and nonfinite transmission mode Broadcast vs cable/satellite l More restriction on broadcast l w Licensing and rules

Freedom of the Press w Unprotected press n Libel l Knowingly publish with reckless

Freedom of the Press w Unprotected press n Libel l Knowingly publish with reckless disregard for the truth statements known to be false and injurious to person’s character, reputation

Freedom of Expression w Free speech provisions n Permitted Restrictions l l l Schenck

Freedom of Expression w Free speech provisions n Permitted Restrictions l l l Schenck v. United States (1919) - “clear and present danger” Gitlow v. New York (1925) - “bad tendency” Brandenburg v. Ohio (1969) - “incitement to imminent lawlessness”

Freedom of Expression Is this protected speech? Morse v Frederick

Freedom of Expression Is this protected speech? Morse v Frederick

Other Speech Rights w “Symbolic” Speech and the First Amendment. . . protected or

Other Speech Rights w “Symbolic” Speech and the First Amendment. . . protected or not? Tinker v. Des Moines School District (1969)

Other Speech Rights w Symbolic Speech n Is Flag burning protected? Texas v. Johnson

Other Speech Rights w Symbolic Speech n Is Flag burning protected? Texas v. Johnson (1989)

Freedom of Expression w Hazelwood Sch. Dist. . v. Kuhlmeier, (1988) w Pickering v.

Freedom of Expression w Hazelwood Sch. Dist. . v. Kuhlmeier, (1988) w Pickering v. Board of Education , (1968) w Reno v. American Civil Liberties Union, (1997) w Bethel School Dist. No. 403 v. Fraser, (1986)

Freedom to Assemble w Balance right to free association with right for public order

Freedom to Assemble w Balance right to free association with right for public order w Permissible for localities to require permits in order to protest

Second Amendment w States can place limits on gun ownership and liscencing w District

Second Amendment w States can place limits on gun ownership and liscencing w District of Columbia v. Heller (2008)

Rights of the Accused w Wanted to find ways to protect individuals from overambitious

Rights of the Accused w Wanted to find ways to protect individuals from overambitious state activities w Variety of provisions built into the Bill of Rights to make it more difficult for states to deprive people of their liberty

Rights of the Accused w Pretrial Rights n 4 th Amendment protections no unreasonable

Rights of the Accused w Pretrial Rights n 4 th Amendment protections no unreasonable search & seizure l police need warrant to search l n 5 th Amendment protections no self-incrimination l grand jury indictment l

Rights of the Accused w Trial Rights n n n habeas corpus -- accused

Rights of the Accused w Trial Rights n n n habeas corpus -- accused must be brought before judge and be publicly informed of charges (Art. 1, sec. 9, clause i) right to counsel (6 th Amendment) right to confront witnesses (6 th Amendment)

Rights of the Accused w Trial Rights (continued) n due process provisions (6 th

Rights of the Accused w Trial Rights (continued) n due process provisions (6 th Amendment) speedy and public trial l jury of peers l presumption of innocence l trial conducted in jurisdiction where crime is alleged to have occured l

Rights of the Accused w Post Trial Rights n n no double jeopardy (5

Rights of the Accused w Post Trial Rights n n no double jeopardy (5 th Amendment) no cruel and unusual punishment (8 th Amendment

Rights of the Accused w Exceptions to Exclusionary Rule n “Plain sight”: l n

Rights of the Accused w Exceptions to Exclusionary Rule n “Plain sight”: l n Alternative means: l n evidence not on a warrant but in “plain sight” of the police is admissable in court If police can demonstrate they would inevitably have found the evidence legally anyway, even though it was illegally obtained originally, the evidence is admissable “Good faith”: l if police believe they are conducting a “reasonable” search, and a subsequent court rules that the search was in fact unreasonable, the evidence is admissable

Death Penalty w Death penalty and the 8 th Amendment n n “cruel and

Death Penalty w Death penalty and the 8 th Amendment n n “cruel and unusual” refers to punishment that is excessive (punishment did not fit the crime) and needlessly inflicts suffering on the convict Furman v. Georgia (1972)

Rights of the Accused Gideon v. Wainwright (1963)

Rights of the Accused Gideon v. Wainwright (1963)

Rights of the Accused n Mapp v. Ohio (1961)

Rights of the Accused n Mapp v. Ohio (1961)

Rights of the Accused w Miranda v. Arizona (1966)

Rights of the Accused w Miranda v. Arizona (1966)

Other Rights w Privacy Rights n n Privacy not mentioned specifically in the Constitution

Other Rights w Privacy Rights n n Privacy not mentioned specifically in the Constitution or the Bill of Rights Griswold v. Connnecticut (1965) l Privacy located in the 1 st, 3 rd, 4 th, 5 th, 9 th amendments

Other Rights w Privacy and the USA Patriot Act n n n allows government

Other Rights w Privacy and the USA Patriot Act n n n allows government officials to secretly search a suspected terrorist house with special warrant allows government to monitor internet, phone conversation, banking, and book purchases with special warrant allows government to open mail with special warrant

w Privacy and the Patriot Act n n FBI must present evidence why warrant

w Privacy and the Patriot Act n n FBI must present evidence why warrant is necessary, but judge has no authority to reject warrant Individuals targeted by these investigations are forbidden to discuss investigation, including the facts of its existence, with anyone

Death Penalty w Gregg v. Georgia (1976) w Ring vs Arizona (2002)

Death Penalty w Gregg v. Georgia (1976) w Ring vs Arizona (2002)