Civil Liberties

2. 4 Civil Liberties

3. 4 Video: The Big Picture http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg1_v2.html

4. 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

5. 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

6. 4 LearningObjectives Analyze the rights of criminal defendants found in the Bill of Rights 4.5 Explain the origin and significance of the right to privacy 4.6

7. 4 LearningObjectives Evaluate how reforms to combat terrorism have affected civil liberties 4.7

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

9. 4.1 Roots of Civil Liberties: The Bill of Rights • The Incorporation Doctrine: The Bill of Rights Made Applicable to the States • Selective Incorporation and Fundamental Freedoms

10. 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

11. 4.1 When did the Court first articulate the doctrine of selective incorporation?

12. 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

13. 4.1 TABLE 4.1 How has selective incorporation made the Bill of Rights applicable to the states?

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

15. 4.1 4.1What does the Bill of Rights include? • The first 10 amendments to the Constitution • All of the amendments to the Constitution • The first 14 amendments to the Constitution • A list of basic freedoms outlined in the Preamble to the Constitution

16. 4.1 4.1What does the Bill of Rights include? • The first 10 amendments to the Constitution • All of the amendments to the Constitution • The first 14 amendments to the Constitution • A list of basic freedoms outlined in the Preamble to the Constitution

17. 4.2 First Amendment Guarantees: Freedom of Religion • The Establishment Clause • The Free Exercise Clause

18. 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

19. 4.2 Should children be required to pray in school?

20. 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

21. 4.2 4.2Which of the following is not part of the Lemon test? Law must neither advance nor inhibit religion Law must not foster government entanglement with religion Law must not impose costs on religious organizations d. Law must have a secular legislative purpose

22. 4.2 4.2Which of the following is not part of the Lemon test? Law must neither advance nor inhibit religion Law must not foster government entanglement with religion Law must not impose costs on religious organizations d. Law must have a secular legislative purpose

23. 4.3 First Amendment Guarantees: Freedoms of Speech, Press, Assembly, and Petition • Freedoms of Speech and the Press • Protected Speech and Press • Unprotected Speech and Press • Freedoms of Assembly and Petition

24. 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

25. 4.3 Protected Speech and Press • Limiting prior restraint • Symbolic speech • Hate speech

26. 4.3 How broad is the right to symbolic speech?

27. 4.3 Unprotected Speech and Press • Unprotected speech • Libel • Slander • Fighting words • Obscenity

28. 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

29. 4.3 How do we use our right to assemble?

30. 4.3 4.3What standard is not considered when defining obscenity? • Is it based on community norms? • Is it sexually offensive? • Does it have artistic or political value? • Is it harmful to minors?

31. 4.3 4.3What standard is not considered when defining obscenity? • Is it based on community norms? • Is it sexually offensive? • Does it have artistic or political value? • Is it harmful to minors?

32. Explore the Simulation: You Are a Police Officer 4.3 http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=5

33. 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

34. 4.4 4.4What was an original intent of the Second Amendment? • To require colonists to keep and bear arms • To disarm the state militias • To regulate the sale of firearms • To preserve the right to revolt against the government

35. 4.4 4.4What was an original intent of the Second Amendment? • To require colonists to keep and bear arms • To disarm the state militias • To regulate the sale of firearms • To preserve the right to revolt against the government

36. 4.5 Rights of Criminal Defendants • The Fourth Amendment and Searches and Seizures • The Fifth Amendment • The Fourth and Fifth Amendments: The Exclusionary Rule • The Sixth Amendment: Right to Counsel • The Sixth Amendment: Jury Trials • The Eighth Amendment: Cruel and Unusual Punishment

37. 4.5 The Fourth Amendment and Searches and Seizures • Protection from unreasonable searches • Warrants • Probable cause • Drug tests

38. 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

39. 4.5 Why was Ernesto Miranda important to the development of defendants’ rights?

40. 4.5 The Fourth and Fifth Amendments: Exclusionary Rule • Mapp v. Ohio (1961) • Exceptions to the exclusionary rule • “Good faith” mistakes

41. 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

42. 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

43. 4.5 The Eighth Amendment and Cruel and Unusual Punishment • Cruel and unusual punishment not defined • Furman v. Georgia (1972) • Protecting the wrongfully convicted

44. 4.5 How do states vary in their application of the death penalty?

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

46. 4.5 4.5 Because of the ____, lawyers cannot select jurors on the basis of gender. • Fifth Amendment • Civil Rights Act of 1964 • role of political correctness • equal protection clause

47. 4.5 4.5Because of the ____, lawyers cannot select jurors on the basis of gender. • Fifth Amendment • Civil Rights Act of 1964 • role of political correctness • equal protection clause

48. Explore Civil Liberties: Should the Government Apply the Death Penalty? 5.4 http://media.pearsoncmg.com/long/long_oconnor_mpslag_12/pex/pex4.html

49. 4.6 Right to Privacy • Birth Control • Abortion • Homosexuality

50. 4.6 Birth Control • Right of women to obtain contraceptives • Griswold v. Connecticut (1965)