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Civil Liberties part 2

Civil Liberties part 2. Reminder . . . After 7 Questions . . . Period 1  5 Wins Period 3  2 Wins Now Period 1  Wins Period 3  Wins . Extra-Credit Standings. 5 4. Reminder . . . After 7 Questions . . . Period 1  54.7% Period 3  48.1% Now

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Civil Liberties part 2

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  1. Civil Libertiespart 2 AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  2. Reminder . . . After 7 Questions . . . Period 1  5 Wins Period 3  2 Wins Now • Period 1  Wins • Period 3  Wins Extra-Credit Standings 5 4 AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  3. Reminder . . . After 7 Questions . . . Period 1  54.7% Period 3  48.1% Now • Period 1  • Period 3  Extra-Credit Standings 51.0% 48.6% AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  4. Democracy depends on free expression of ideas. We can believe anything we want . . . but can weexpress anything we want? • The 1st Amendment • Congress shall make no law . . . abridging the freedom of speech, or of the press Freedom of Expression AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  5. “I read no law abridging to mean no law abridging” Hugo Black Supreme Court Justice 1937–1971 “The most stringent protection of free speech would not protect a man in falsely shouting ‘fire’ in a theater and causing a panic.” Oliver Wendell Holmes • Supreme Court Justice 1902–1932 Freedom of Expression AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  6. Key Questions Balancing of freedom of expression with values such as: ~ Need for public order ~ National security ~ Right to a fair trial ~ Equality & Fairness • And . . . what exactly constitutes “speech”? Freedom of Expression AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  7. Prior Restraint • Case? • Near v. Minnesota (1931) Freedom of Expression Newspapers protected from prior restraint AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  8. Public Order Case? Schenck v. United States (1919) “Clear and present danger” test Freedom of Expression Now . . . “Imminent lawless action” Upheld conviction of a Socialist encouraging draft resistance AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  9. National Security & Prior Restraint • Case? • NY Times v. United States (1971) Freedom of Expression AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  10. Obscenity Cases? Roth v. United States (1957) Miller v. California (1973) Freedom of Expression . . . not protected speech . . . use community standards AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  11. Libel & Slander Case? Freedom of Expression Actual malice & Reckless disregard for the truth v. Sullivan (1964) AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  12. Mary Beth & John Tinker (1965) • Symbolic Speech Freedom of Expression Texas v. Johnson (1989) Threat = No No Symbolic Expression = OK Flag burning = symbolic expression AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  13. Back to . . . Balancing of freedom with values such as: ~ Need for public order ~ Freedom of others not to be bothered • Has resulted in the following constitutional limits / restrictions: • ~ Time • ~ Place • ~ Manner Freedom of Assembly AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  14. 4th Amendment • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Defendants’ Rights AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  15. 4th Amendment • Prosecutors can be prevented from using illegally obtained evidence according to the . . . • Exclusionary Rule • In which 1961 case did the Supreme Court rule that this applied to the states as well as to the federal government? Defendants’ Rights Mapp v. Ohio AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  16. Quick Question: • Which fairly recent event(s) led to federal laws making it easier for the federal government to engage in wiretapping, surveillance, and examination of people’s documents? Defendants’ Rights AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  17. National Security . . . at what cost? Defendants’ Rights AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  18. 5th Amendment • . . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Defendants’ Rights AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  19. 5th Amendment • “You have the right to remain silent . . .” • This famous phrase stems from which 1966 case? Defendants’ Rights Miranda v. Arizona AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  20. 6th Amendment • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed . . . and to have the assistance of counsel for his defense. Defendants’ Rights AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  21. 6th Amendment • The 1963 Supreme Court decision • that anyone accused of a felony • where imprisonment may be imposed • has a right to an attorney . . . ? Defendants’ Rights Gideon v. Wainwright AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  22. 8th Amendment • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Defendants’ Rights AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  23. Death Penalty • “It is an extreme sanction, suitable to the most extreme of crimes.” • Not violate equal protection guaranteed by the 14th Amendment . . . even though minority defendants more likely to receive than white defendants. Defendants’ Rights Gregg v. Georgia (1976) McCleskey v. Kemp (1987) AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  24. Not explicitly listed in the Bill of Rights • Implied by collection of rights: • ~ freedom of religion • ~ unreasonable searches & seizures • ~ private property “takings” • without due process • ~ “the right to be left alone” • Louis Brandeis • Supreme Court Justice 1916-1939 The Right to Privacy AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  25. Cases: • 1st enunciated in . . . • Expanded to protection of a woman’s right to choose an abortion in . . . • Which case allowed states to place some restrictions on abortion? The Right to Privacy Griswold v. Connecticut (1965) Roe v. Wade (1973) Planned Parenthood v. Casey (1992) AP U.S. GOVERNMENT & POLITICS – Civil Liberties

  26. Government Text:Pages • Freedom of Expression 111 – 120 • Freedom of Assembly 121 – 122 • Right to Bear Arms 122 – 123 • Defendants’ Rights 123 – 132 • The Right to Privacy 133 – 137 Reading AP U.S. GOVERNMENT & POLITICS - Constitution

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