Civil Liberties Freedom vs Order Video 1 o
Civil Liberties– Freedom vs. Order (Video #1) o o o Objective: Understand Basic Civil Liberties Defining Civil Liberties: limits on govt. (“due process”) Some Current Controversies n n n o Domestic Spying by Government (chap 4) Abortion (always…) & health care rules Mandatory Prison Sentences Money & Speech in Elections Highly “uncivil” Protest Will inevitably involve you (see Making a Difference)
Civil Rights: Freedom vs. Equality o o Defining Civil Rights – ensuring “equal protection” Current Controversies n n o Gay Marriage Affirmative Action Racial Profiling Police Abuse/Killings Stay tuned. .
Civil Liberties--The Bill of Rights o Bill of Rights – foundation for civil liberties n o Opposed in Constitutional Convention What’s Included? Four Categories of Protection 1. 2. 3. 4. Political & Social Participation— expression, assembly, press Respect for Personal Beliefs Areas of Personal Privacy (not direct) Preventing Government abuse against persons o Other: Bear Arms, Retaining Rights Original Bill of Rights
Bill of Rights -Listed For plain language explanations, see Constitution, Amendments I-X, Bardes et al. , Appendix B
Civil Liberties: Incorporation. o Key Questions: n 1) Did Bill of Rights apply to the States? NO! o o n Barron v. Baltimore (1833) – B of R gives only federal protections Critical: Most interaction is with states, not feds. 2) How did Bill of Rights expand to states? o o 14 th Amendment – key amendment link Process of Incorporation: definition
Incorporation -- Development o Gitlow case – beginning with free speech n o 1 st amendment = “fundamental freedom” Uneven development – still incomplete n n Ex: Palko v. Connecticut (1938). 5 th amendment double jeopardy protection not “fundamental” Palko executed. 1969 incorporated. What’s left to do? Two lesser known clauses: o a) right to indictment by grand jury; b) 7 th--right to jury by peers from one’s state
Civil Liberties: Future Issues o o Tension between Freedom & Order enduring, Post 9/11 raised importance of “order” (security) n National Security & Privacy– Congress revisits o o Technological challenge: Internet Information & Privacy o o PATRIOT Act, NSA programs under review Health/financial information to fraud concerns – will government ever stop companies (e. g. Google)? Death penalty & cruel prison conditions o END VIDEO #1
Civil Liberties & You are the Judge (Video #2) o o Very select review Establishment & Free Exercise Clauses n n o o Establishment: How much separation of church & state? Free Exercise – believe what you want, practice must obey laws Exercise: When can state interfere? n When compelling interest & nondiscriminatory intent Case of Animal Sacrifices. Your ruling?
Civil Liberties: Freedom of Expression o In general: Free Speech -- not Absolute: “Clear & present danger test” – Schenck v. U. S. (1919) n n n o o Changing standard of “danger”– from concern for danger to “imminent lawless action” (Brandenberg v. Ohio, 1969) Symbolic Speech – symbols are speech Commercial Speech – less protected (misleading advertising can be banned/ warnings can be imposed) Assembly (closely connected): time, place & manner restrictions. Rel: political & abortion protest restrictions You Decide: Nazi March in Skokie Case o How about on UMM campus? Mall of America?
Freedom of the Press & Media o Press & Prior Restraint – very rare n Key case: Near v. Minnesota (1931) – can publish, then face consequences. Press restraint in crimes & war. o n o Almost always after the fact You Decide: Pentagon Papers Case Non-protected speech: a) Obscenity: b) Libel; c) Student speech; d) Commercial: dishonest n Obscenity: Standards: Roth v. United States (1957) & Miller v. California (1973): Miller test o Rel: Internet pornography: Communications Decency Act – struck down. But adult only: Child Pornography: always banned (end video #2)
Civil Liberties: Criminal Procedures (Video #3) o Defining & Applying: Rights of Accused covered (LO #6) n o States do more: Victim’s Rights (e. g. Illinois) Searches & Seizures – complex standards n n Ex: car & home searches – see end of chapter Standards: probable cause and/or search warrant – if violated, exclusionary rule applies--Mapp v. Ohio, 1961 You Decide: Ms. Montoya Case Senators Decide: Riley v California
Civil Liberties: Criminal Procedures o No cruel & unusual punishment— depends on what you mean by “cruel” or “unusual” n Death Penalty: banned 1972, restored 1976, deeply problematic for logical & unforseen reasons o o n o Restrictions: mentally ill, disabled, youth More common: harsh sentencing laws (mandatory minimums & 3 strikes laws)– Court has no objection US prison conditions: violating human rights You Decide: First Time Offender Case
Stay tuned: always more to come… o 1. 2. The big future questions reflect “balance” National Security: broad detention power – rights for non citizens are fewer Anti-terrorism – statutes in effect & growth of spying (metadata, NSA PRISM program) n n o Back to Privacy Public complicit Reflection 2 (option A) o END VIDEO #3
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