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Civil Liberties Protections Under the Bill of Rights

14. Civil Liberties Protections Under the Bill of Rights. Video: The Big Picture. 14. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Magleby_Ch14_Civil_Liberties_Seg1_v2.html. 14. Learning Objectives.

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Civil Liberties Protections Under the Bill of Rights

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  1. 14 Civil Liberties Protections Under the Bill of Rights

  2. Video: The Big Picture 14 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Magleby_Ch14_Civil_Liberties_Seg1_v2.html

  3. 14 Learning Objectives Assess the kinds of behavior that may be covered by a constitutional right to privacy 14.5 Analyze the constitutional rights of criminal suspects 14.6

  4. 14 Learning Objectives Evaluate the roles of institutions and the people in protecting civil liberties 14.7

  5. Video: The Basics 14 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_CivilLiberties_v2.html

  6. I. The Basis for Our Civil LibertiesLearning Objective: Trace the roots of civil liberties in the original Constitution and their subsequent development in the Bill of Rights 14.1 Civil Liberties: constitutional protections against governmental restrictions on conscience, religion, expression Secured by: 1st amendment and the 5th and 14th amendment’s “due process clause” Civil Rights: constitutional rights to, due process, equal protection and freedom from discrimination (race, ethnic background, religion, or sex) Secured by: 5th and 14th amendment’s “due process clause”

  7. A. Rights in the Original Constitution 1. Habeas Corpus a. Protects citizens from illegal incarceration because the reason for the prisoner’s incarceration must be made public 2. Other rights: 1. Prohibitions: Bills of attainder (people in prison without a trial), ex-post facto laws (person convicted of a crime before it was a crime), titles of nobility, mandatory religious test. 2. Protections: Impairment of contracts (laws can’t invalidate contracts), right to travel from state to state 3. Guarantees: trial by jury, state republican government 14.1

  8. 14.1 TABLE 14.1: Rights in the Original Constitution

  9. 14.1 Detainee

  10. B. The Bill of Rights and the States 1. Bill of Rights enumerates civil liberties but originally only applied to the federal government 2. Fourteenth Amendment (1868) which forced the Bill of Rights to apply to the states as well with the due process clause. 3. Gitlow v. New York (1925) States can not infringe upon liberties granted in the first amendment 4. Selective incorporation of the Bill of Rights accelerated from 1930s until 1960s 5. Most significant constitutional development having a profound effect on federalism 14.1

  11. 14.1 FIGURE 14.1: Timeline of Selective Incorporation

  12. 14.1 14.1From which amendment does the due process clause get its power? • 2nd • 5th • 13th • 14th

  13. 14.1 14.1From which amendment does the due process clause get its power? • 2nd • 5th • 13th • 14th

  14. II. First Amendment FreedomsLearning Objective: Describe the First Amendment freedoms and the limitations on them 14.2

  15. A. Freedom of Religion 1. The Establishment Clause “Congress shall make no law respecting an establishment of religion.” a. Reaction to colonial experience because England’s state churh b. Interpreted as “the Separation of Church and State” by Jefferson c. Interpreted as government must remain neutral regarding religion and non-religion d. “Lemon” test has three parts . . . . e. Justice Sandra Day O’Conner argued government practices must not endorse religion, hence endorsement test f. Conservative judges prefer the non-preferentialist test that the constitution does not prohibit government aid to religious affiliates, as long as there isn’t favouritism 14.2

  16. A. Freedom of Religion 2. The Free Exercise Clause “or prohibiting the exercise there of” a. Congress can’t compel or deny the people to engage in religious activity b. Compelling interest tested whether a law that seemed to be prohibiting the practice of religion had a compelling reason to do so. In general, the Supreme Court has decided that the important thing is that the law is not targeting a religion. 14.2

  17. 14.2 Nativity

  18. B. Free Speech and Free People 14.2 Three categories: 1. Action is restricted if it is harmful 2. Belief/Conscience is an absolute right 3. Speech is somewhere between action and belief Speech is protected unless: 1. Libel 2. Obscenity 3. Fighting words Former Supreme Court tests: 1. bad tendency test allowed legislature to pass against speech that encouraged people to engage in illegal action 2. clear and present danger test, government couldn’t restrict speech unless it lead to evil or illegal acts 3. preferred position doctrine gives the 1st amendment a preferred position

  19. C. Protected Speech 1. Prior restraint; Censorship before publication is most likely viewed as unconstitutional. National security exceptions 2. Content/Viewpoint Neutrality; Laws applying to all speech, views are generally ok 14.2

  20. D. Unprotected Speech 1. Libel; written public defamation of false statements 2. Slander; verbal public defamation of false statements Proof of actual malice required 3. Obscenity “I know it when I see it” 4. Fighting Words are intended to inflict injury or incite violence. For example, hate speech. 14.2

  21. 14.2 Hate speech

  22. 14.2 Flag-burning

  23. E. Freedom of the Press 1. Journalist do not have the right to withhold sources 2. Reporter shield laws passed in states a. 2005 Judith Miller case 3. Broadcast and Cable Communications receives the least 1st amendment protection. FCC can deny a station’s license 4. The Internet, no restrictions yet. 14.2

  24. F. Freedom of Assembly 1. Occupy Wall Street were allowed to assemble but not allowed to take-up residence 2. Government can make Time, Place, and Manner Regulations for protest or parades 3. Civil Disobedience is NOT a protected right 14.2

  25. 14.2 Ground Zero

  26. 14.2 14.2Which of the following is defined as published defamation? • Malice • Fighting words • Obscenity • Libel

  27. 14.2 14.2Which of the following is defined as published defamation? • Malice • Fighting words • Obscenity • Libel

  28. Explore the Simulation: You Are a Police Officer 14.2 http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=5

  29. III. Property RightsLearning Objective:Explain how the Constitution protects property rights1. eminent domain: right of the government to take private property for public use2. regulatory takings: government takes land by restricting its use3. both must be justly compensated 14.3

  30. 14.3 14.3Which of the following empowers government to take private property with just compensation? • Forfeiture • Repossession • Regulatory takings • Eminent domain laws

  31. 14.3 14.3Which of the following empowers government to take private property with just compensation? • Forfeiture • Repossession • Regulatory takings • Eminent domain laws

  32. IV. Due Process RightsLearning Objective: Distinguish between procedural and substantive due process-5th & 14th amendments which for forbid the national and state governments to deny any person life, liberty, or property without “due process of law”-Due process of law: rules or regulations that restrain government officials 14.4

  33. A. Procedural Due Process -Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard. -Government must use a procedure before passing judgment which limits how government power can be exercised 14.4

  34. B.Substantive Due Process 1. Limitations on what government may do with regards to laws. Even if a law is properly passed and properly applied, if it is unreasonable, than it is unconstitutional 14.4

  35. 14.4 14.4From which amendments is the concept of due process drawn? • 1st and 14th • 1st and 4th • 1st and 5th • 5th and 14th

  36. 14.4 14.4From which amendments is the concept of due process drawn? • 1st and 14th • 1st and 4th • 1st and 5th • 5th and 14th

  37. V. Privacy RightsLearning Objective:Assess the kinds of behavior that may be covered by a constitutional right to privacyThe Bill of Rights does not expressly grant a right to privacy, the Court found that such a right was implied in sections of the 1st, 3rd, 4th, 5th, 9th, and 14thamendments.The three main features of the right to privacy are: the freedom from government surveillance and intrusion; protection from the government’s public disclosure of private affairs; and the freedom in thought and belief from governmental regulations. 14.5

  38. Griswold v. Connecticut (1965) was a landmark case about the use of birth control by married couples in which the Supreme Court ruled that the Constitution protected a right to privacy.

  39. A. Abortion Rights 1. Roe v. Wade (1973) a. Extends privacy rights to women’s right to choose to have an abortion b. Established trimester framework 2. Undue burden doctrine a. State allowed to make reasonable regulations as long as there is no unduly burden on a woman’s liberty b. Prohibitions of use of state funds for abortion services c. Parental notification d. Informed-consent laws and waiting periods 14.5

  40. 14.5 FIGURE 14.2: Public Opinion on Abortion Access

  41. B. Sexual Orientation Rights 1. Bowers v. Hardwick (1986) a. Rejected privacy as applicable to homosexual couples 2. Lawrence v. Texas (2003) a. Struck down sodomy laws based on right to privacy 14.5

  42. Video: Thinking Like a Political Scientist 14.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_CivilLiberties_v2.html

  43. 14.5 14.5In which year did the Supreme Court recognize privacy as a Constitutionally protected right? • 1972 • 1996 • 1985 • 1965

  44. 14.5 14.5In which year did the Supreme Court recognize privacy as a Constitutionally protected right? • 1972 • 1996 • 1985 • 1965

  45. IV. Rights of Criminal Suspects 14.6 Learning Objective: Analyze the constitutional rights of criminal suspects

  46. A. Freedom from Unreasonable Searches and Seizures 1. 4th amendment “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches . . . 2. Only after obtaining a search warrant 3. Terry v Ohio (1968) Stop and frisk is legal if there is suspicion 4. Exclusionary Rule excludes evidence obtained unconstitutionally or illegally from criminal trials 5. http://www.annenbergclassroom.org/page/search-and-seizure-mapp-v-ohio 14.6

  47. 14.6 Body scanners

  48. A. Freedom from Unreasonable Searches and Seizures 1. Right to Remain Silent protects a person against self-incrimination. Government must prove guilt 2. Miranda Warning protects a person from abuses of police questioning under duress 3.http://www.annenbergclassroom.org/page/the-right-to-remain-silent-miranda-v-arizona 14.6

  49. 14.6 Miranda

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