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Civil Liberties

Civil Liberties. The Bill of Rights. Introduction. Civil liberties: negative restraints on government freedom v. order freedom of speech, press, religion Civil rights: what government must do rights guaranteed to individuals freedom v. equality. Civil liberties.

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Civil Liberties

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  1. Civil Liberties The Bill of Rights

  2. Introduction • Civil liberties: negative restraints on government • freedom v. order • freedom of speech, press, religion • Civil rights: what government must do • rights guaranteed to individuals • freedom v. equality

  3. Civil liberties • most people agree that liberties can be restrained • issue becomes who puts limits on our liberties and how many limits are acceptable • how much freedom are YOU willing to give up?

  4. Should government restrain... • a communist from teaching in college? in high school? • the distribution of a pamphlet to overthrow the government? • a KKK organization on campus? • Detention of “enemy combatants”?

  5. how about... • burning the American flag? • prayer in schools? • Random security searches at airports? • yelling “fire” in the theater during the opening day of Harry Potter?

  6. Freedom to believe what we want is absolute; freedom to act on those beliefs must be reconciled with social order • sand castles

  7. Case write-ups • What issues involved in cases you researched?

  8. Influences on civil liberties and rights • new social experiences or events (treason laws during times of war) • composition of the Supreme Court • change in public perspectives

  9. Why is the 14th amendment important? • vehicle by which the Supreme Court has incorporated the Bill of Rights to state actions • incorporation has been by one phrase at a time • due process and equal protection clause

  10. Palko v. CT (1937) • reinforced “selective incorporation” • Honor roll of rights: fundamental rights • today, most of the Bill of Rights applies to state actions

  11. First amendment rights • Freedom of religion • Freedom of speech and of the press • Freedom of assembly

  12. Freedom of speech and of the press • not absolute, but marketplace of ideas • advocacy of ideas must be linked to lawless action

  13. Types of restrictions • inciteful speech • slander and libel • obscenity • prior restraint

  14. Inciteful speech • Sandcastle: bad tendency to “clear and present danger” to direct incitement

  15. Slander and libel • slander: untrue spoken statement that defames a person’s character • libel: (written) • requires proof of actual malice for public figure

  16. Obscenity • work lacks any serious literary, artistic, political or scientific value • “reasonable person”/local standards

  17. Prior Restraint • censorship: prohibiting something from being published

  18. Freedom of religion • “wall of separation” between church and state • at the core of our personal being

  19. The establishment clause prohibits • government sponsorship of religion • government financial support of religion • government’s active involvement in religious activity

  20. Lemon v. Kurtzman (1971) • 1. secular purpose? • 2. neither inhibits nor advances religion? • 3. Avoids excessive entanglement in religion?

  21. Free exercise clause • ability to practice religion freely • freedom v. order tensions

  22. Due process and criminal justice • 4th, 5th, 6th and 8th amendments

  23. Fourth amendment • unreasonable searches and seizures • without a warrant, police can search • person arrested • things in plain view of the accused • places/things in the person’s immediate control • anything if given permission

  24. Mapp v. Ohio (1961) • exclusionary rule applied to states • prohibits use of improperly seized evidence at a trial

  25. Fifth amendment • protection from self-incrimination • Miranda v. Arizona (1966) • Miranda rights

  26. Sixth amendment • right to counsel • Gideon v. Wainwright (1963) • applied 6th amendment to state felony cases

  27. Eighth amendment • cruel and unusual punishment • death penalty • Sandcastle: DNA tests; racial or income levels

  28. Food for thought... • should we be concerned about the uneven use of the death penalty among states?

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