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CIVIL LIBERTIES (Chapter 19 & 20)

CIVIL LIBERTIES (Chapter 19 & 20). Civil Liberties v. Civil Rights. C.L. = Protections AGAINST government. Guarantees that the government will not violate the safety, opinion or property of a person. These rights are found in the Bill of Rights

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CIVIL LIBERTIES (Chapter 19 & 20)

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  1. CIVIL LIBERTIES(Chapter 19 & 20)

  2. Civil Liberties v. Civil Rights C.L. = Protections AGAINST government. Guarantees that the government will not violate the safety, opinion or property of a person. These rights are found in the Bill of Rights C.R.=POSITIVE ACTS of Government that protect people from discrimination based on sex, race and religion. Based on the Civil Rights Act of 1964

  3. 1st Amendment -Freedom of Religion Establishment Clause- Separation of church and state. The government can not favor or establish a particular religion Free Exercise Clause- Each person has the right to believe in whatever he or she chooses. There are limits of free exercise. The practice can an not harm society or others. (polygamy)

  4. 1st Amendment -Freedom of Religion Religion in School- Prayer during school instruction time is not allowed. The SC ruled in (Engle v Vital) that there can not be a captive audience. Religious groups can meet on campus not during instructional time. (Also the SC found unconstitutional: ten commandments posted in school, recurring moment of silence, prayer at graduation, prayer at football game) Lemon Test- Public aid (money) for private schools. Lemon v. Kurtzman – SC struck down a law that allowed for private schools teachers salaries to be paid for by public money. 1. money can not be used for religious purposes 2. can not advance nor inhibit religion 3. must avoid excessive entanglement

  5. 1stAmend- Freedom of Speech & Press Right of free spoken and written expression & discussion of public affairs. Slander and Libel- false and malicious use of spoken and printed word. Not protected by 1st amendment. Seditious Speech- attempting to overthrow the govn’t by force or violence. Not protected in the 1st amendment Alien Sedition Act (Civil War) deport undesirables (not tested in SC) Espionage Act (WWI)- crime to interfere with draft & print disloyal information about government. (SC upheld law) “clear and present danger” Smith Act (WWII)- Outlawed communist activity (S.C upheld law)

  6. 1stAmend- Freedom of Speech & Press Obscenity- material is not protected if the average person applying community standards finds it obscene or it lacks serious literary artistic political or scientific value. Prior restraint- Gov can not restrict ideas before they are made except in extreme cases. (printing of pentagon papers) Symbolic speech- nonverbal speech, carrying a sign , wearing an armband, burning the flag is protected by 1st amend.

  7. 1st Amendment- Freedom to Assemble and Petition • The right to peacefully gather and express views on public matters. • The Government can restrict when, where and how but not content (i.e. permits…)

  8. 4th Amendment Rights of the accused: Search and Seizure 1)Consent - person gives their permission to search 2)Probable Cause - some suspicion of a crime 3)Probation 4) Arrest 5) Warrant- Court order authorizing a search Exclusionary Rule- Any evidence obtained in an illegal search can not be used in a court of law Miranda Rights – 1.Person must be told of right to remain silent, 2. warned what you say can but used in court, 3. right to an attorney during questioning, 4. an attorney will be provided if unable to hire, 5. right to bring police questioning to an end at any time. Related Issues: Drug testing, School searches…

  9. 5th (Fed) & 14th (State) Due Process Government must act fairly and in accord with established rules Procedural – methods and procedures of government action (entering a home, questioning, obtaining evidence) Substantive – substance and policies of government action ( racial profiling…)

  10. 14th Amendment Due Process and Equal Protection applied to the States “No State shall…deprive any person of life, liberty or property without due process of law; nor deny to any person… equal protection of the laws.” (States can not deny any person basic or essential rights)

  11. 14th Amendment • The Bill of Rights originally only protected individuals from the Federal Government • The Supreme Court has used the Due Process clause in the14th Amendment to extend rights and protect individuals from state governments • The Court has found that most, BUT not all rights are basic and essential (2nd Amendment) * see chart on page 536

  12. 14th Amendment Example Federal Gov State Gov The Federal Government can not deny Freedom of Speech because it is protected under the 1st Amendment in the U.S. Constitution States can not have laws that limit Freedom of expression under the 14th Amendment 14th Amendment: Due Process

  13. Rights of Accused • Habeas Corpus-brought before court, show cause, explain why the prisoner should not be released. • Arrest Warrant • Informed of Rights • No coerced confession • Grand Jury Indictment- Enough evidence for a trail- (5th) • Informed of charges • Speedy Public Trial (6th) • Trial of Jury (6th) • No excessive fines/punishment • Right to appeal

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