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Civil Liberties

Explore the history and significance of the Bill of Rights, selective incorporation, free speech, establishment clause, right to bear arms, and more. Understand how court decisions shape civil liberties and the balance between personal freedoms and government interests.

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Civil Liberties

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  1. 4 Civil Liberties

  2. 4 Video: The Big Picture http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg1_v2.html

  3. 4 LearningObjectives Outline the issues and compromises that were central to the writing of the Constitution 4.1 Analyze the underlying principles of the Constitution 4.2

  4. 4 LearningObjectives Outline the First Amendment guarantees of and limitations on freedom of speech, press, assembly, and petition 4.3 Summarize changes in the interpretation of the Second Amendment right to keep and bear arms 4.4

  5. Video: The Basics 4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_CivilLiberties_v2.html

  6. 4.1 The Incorporation Doctrine: The Bill of Rights Made Applicable to the States • Fourteenth Amendment • Bill of Rights applies to actions of states, not just federal government • Due process clause • Applied to Bill of Rights • Substantive due process

  7. 4.1 When did the Court first articulate the doctrine of selective incorporation?

  8. 4.1 Selective Incorporation and Fundamental Freedoms • Fundamental freedoms protected under selective incorporation • Rights that states must protect: • Freedom of press • Freedom of speech • Freedom of assembly

  9. 4.1 TABLE 4.1 How has selective incorporation made the Bill of Rights applicable to the states?

  10. Video: In Context 4.1 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilLiberties_v2.html

  11. 4.2 The Establishment Clause • Separation of church and state • Lemon test • Must have secular purpose • Must not advance or prohibit a religion • Must not entangle government with religion

  12. 4.2 Should children be required to pray in school?

  13. 4.2 Free Exercise Clause • Free exercise clause not absolute • Some religious rites considered illegal • State must provide compelling reason to limit exercise of religion

  14. 4.3 Freedoms of Speech and the Press • Prior restraint • Alien and Sedition Acts • Censored criticisms of the government • Slavery, Civil War • speech again censored • World War I and anti-government speech

  15. 4.3 Protected Speech and Press • Limiting prior restraint • Symbolic speech • Hate speech

  16. 4.3 How broad is the right to symbolic speech?

  17. 4.3 Unprotected Speech and Press • Unprotected speech • Libel • Slander • Fighting words • Obscenity

  18. 4.3 Freedoms of Assembly and Petition • Freedom to assemble hinges on peaceful conduct • Subject to rules regarding free speech • Right to petition government about issues

  19. 4.3 How do we use our right to assemble?

  20. Included to prevent Congress from disarming state militias Dred Scott v. Sandford (1857) The right to bear and carry arms a basic right of citizenship 4.4 Second Amendment: Right to Keep and Bear Arms

  21. 4.5 The Fourth Amendment and Searches and Seizures • Protection from unreasonable searches • Warrants • Probable cause • Drug tests

  22. 4.5 The Fifth Amendment • Protection against self-incrimination • Miranda v. Arizona (1966) • Right to remain silent • Knowledge that what you say can be used against you • Right to an attorney present during questioning • Right to have an attorney provided if you cannot afford one • Double jeopardy

  23. 4.5 Why was Ernesto Miranda important to the development of defendants’ rights?

  24. 4.5 The Fourth and Fifth Amendments: Exclusionary Rule • Mapp v. Ohio (1961) • Exceptions to the exclusionary rule • “Good faith” mistakes

  25. 4.5 The Sixth Amendment and Right to Counsel • Sixth Amendment right to attorney • Gideon v. Wainwright (1963) • State must provide attorney for indigent • Right to counsel begins with first appearance before a judge

  26. 4.5 The Sixth Amendment and Jury Trials • Speedy and public trial by impartial jury • Right to confront witnesses • Jury of peers • Racial peers • Gender

  27. 4.5 The Eighth Amendment and Cruel and Unusual Punishment • Cruel and unusual punishment not defined • Furman v. Georgia (1972) • Protecting the wrongfully convicted

  28. 4.5 How do states vary in their application of the death penalty?

  29. Video: In the Real World 4.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_CivilLiberties_v2.html

  30. 4.6 Birth Control • Right of women to obtain contraceptives • Griswold v. Connecticut (1965)

  31. 4.6 What was the outcome of Griswold v. Connecticut (1965)?

  32. 4.6 Abortion • Roe v. Wade • Prohibits state bans on abortion • Planned Parenthood v. Casey (1992) • Restrictions cannot place “undue burden” on woman

  33. 4.6 Homosexuality • Right to privacy extends to private sexual behavior • Lawrence v. Texas (2003)

  34. 4.6 Which case led to greater discussion of gay rights issues?

  35. Video: Thinking Like a Political Scientist 4.6 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilLiberties_v2.html

  36. 4.7 Toward Reform: Civil Liberties and Combating Terrorism • The First Amendment • The Fourth Amendment • Due Process Rights

  37. 4.7 The First Amendment • USA PATRIOT Act • Limits on freedom of speech • Constraints on media

  38. 4.7 The Fourth Amendment • The USA PATRIOT Act and impact on illegal search and seizure • Private records • Search of private property • Collection of foreign intelligence • Who is sending and receiving communications

  39. 4.7 Due Process Rights • Reduced rights of habeas corpus • Detention facilities • Right to trial by jury • Cruel and unusual punishment

  40. 4.7 What are living arrangements like for detainees?

  41. 4 Video: So What? http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg6_v2.html

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