Political Science American Government and Politics Today Chapter

Political Science American Government and Politics Today Chapter 4 Civil Liberties

Civil Liberties versus Civil Rights • civil liberties involve restraining the government’s action against individuals • civil rights are rights all individuals share as provided for in the 14 th amendment, which guarantees equal protection under the law 4 -1

4 -2 Incorporation the Bill of Rights into the Fourteenth Amendment

Freedom of Religion • • 4 -3 Separation of Church and State comes from the 1 st amendment establishment clause Everson v. Board of Education (1947)

Freedom of Religion-(cont. ) • • 4 -3 Contemporary Conflicts: state aid to church-related schools school voucher programs prayer in schools teaching evolution Free Exercise comes from the 1 st amendment

Freedom of Expression • Permitted restrictions – speech that presents a “clear and present danger” – speech that might lead to some “evil” (the bad tendency rule) • Protected speech – commercial speech – symbolic speech 4 -4

Freedom of Expression(cont. ) • Unprotected speech – obscenity – slander – fighting words and heckler’s veto 4 -4

Freedom of the Press • press has some protection from libel charges • libel must be accompanied by actual malice • the press is now protected from gag orders during trials, except in unusual circumstances • radio and t. v. have much more limited 1 st amendment protections 4 -6 – they are subject to the equal time rule

The Right to Assemble and Petition the Government • protected by the 1 st amendment • can be limited by municipalities right to offer permits for marches • has been tested by anti-loitering ordinances aimed at reducing gangs from congregating 4 -7

Privacy Rights and Abortion • no explicit right to privacy in Constitution • Griswald v. Connecticut (1965) -Supreme Court rules that privacy rights exist – come from the 1 st, 3 rd, 4 th, 5 th and 9 th amendments • Roe v. Wade (1973) court rules that privacy rights include abortion rights • the Court has taken on a more 4 -8 restrictive view of the rights outlined in

Rights of the Accused versus the Rights of Society • Limits on Conduct of Police Officers and Prosecutors • Defendant’s Pre-Trial Rights • Miranda Rights • Videotaped Interrogations • Exclusionary Rule • the death penalty 4 -9