What are the differences between civil rights and liberties?

1. Civil Liberties: First Amendment FreedomsI. Unalienable Rightsa. Revolutionary war was fought to expand the individuals rights vs. the rights of governmentb. Ratification of the constitution was reliant on the Federalists agreeing to a bill of rights               i. The first 10 amendments declares 1. Civil Rights- positive acts of government that seek to make constitutional guarantees a reality for all people a. I.E.- prohibitions on segregation 2. Civil Liberties- protections against government b. I.E.- freedom of speech, religion, and press

2. Civil Rights- positive acts of government that seek to make constitutional guarantees a reality for all people Civil Liberties- protections against government What are the differences between civil rights and liberties?

3. c. Limited Government                i. Limited by the rights of citizens laid out in the constitutionii. Rights are relative1. “the right to swing my fist ends with its contact with another’s jaw” d. To whom are rights guaranteed?               i. All persons within the United States1. Often including aliensii. Japanese internment 1944

4. How does that relate to Muslims in the United States today? • After 9-11 many Muslims rights were “suspended” through • Imprisonment at Guantanamo Bay • Patriot Act

5. e. Federalism and Rights               i. 5th and 14th Amendment-Due Process Clause 1. “No State shall…deprive any person of life, liberty, or property, without due process of law….” 2. Causes States to incorporate the Bill of rights through the clause into their State Courts Upheld through ii. 9th Amendment 1. Sets out that not all of a persons rights are laid out in the Constitution

6. II. Freedom of Religion a. Freedom of Expressionb. 1st and 14th Amendments                i. Prohibits the establishment of a national religion in the Establishment Clauseii. Prohibits the government interference in the “free exercise of religion” (Free Exercise Clause) c. Separation of Church and State

7. What does the Establishment Claus do? • Prevents the establishment of a national religion.

8. d. Religion and education                 i. Students may be bussed to religious schools ii. Students may be given “release time” to attend religious classesiii. Courts have struck down any reading of the bible, posting of religious documents, and moments of silence in certain statesiv. 1968 theory of evolution may to be taught in public schools

9. v. May give aid to religious schools1. Those who attend would be attending public school if they did not attend religious2. Lemon test (Lemon v. Kurtzman 1971)a. Purpose for the aid must be secularb. Must not be to aid or hinder religion c. Must avoid, “excessive entanglement of government with religion

10. What is the function of the Lemon test? • Purpose for the aid must be secular • Must not be to aid or hinder religion • Must avoid, “excessive entanglement of government with religion

11. e. Free Exercise Clausei. Any person has the right to believe in their chosen religionii. Limits1. Use of poisonous snakes2. Use of child labor 3. U.S. can take native American land used for religious purposes

12. III. Freedom of Speech and Press a. 1st and 14th amendments serve two important purposes                  i. Guarantee each person a right of free expression, in the spoken and the written word ii. Guarantee to all persons a full, wide ranging discussion of public affairs

13. b. Not protected          i. Libelii. Slanderiii. Seditious Speech1. Support an overthrow of the government iv. Alien and Sedition acts of 1798 1. Allowed the president to deport those speaking against the government v. Sedition act of 1917 1. Crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination in the armed forces, or hinder the sale of gov. bonds 2. Upheld in Schneck v. United States, 1919 vi.     Smith Act 1940made it a crime to 1. 1. Advocate a violent overthrow of the gov.

14. What is the difference between libel and slander? • Libel- Written • Slander- Spoken

15. vii. Obscenity (Miller v. California) 1. Illegal ifa. The average community person finds the work to excite lustb. Work depicts or describes in an offensive way a form of sexual conduct specifically dealt with in an anti-obscinity lawc. Work taken as a whole lacks serious literary, artistic, political or scientific value

16. ix. The Media1. Confidentialitya. Media must give up their sources upon government scrutiny                                    i. Many have chosen to go to jail instead 2. 30 states have created “shield laws” to protect the media

17. 2. Motion Picturesa. Most people rely on the film industry’s own rating system, very few independent review boars remain 3. Radio and TVa. FCC                                    i. Forbidden to censor content of programs before they are broadcastii. Limited power because of 1st amendment freedoms1. May ban use of indecent languagex. Symbolic speech1. Burning a draft card for example 2. Flag burning

18. What organization regulates the Radio Waves? • Federal Communication Commission

19. IV. Freedom of Assembly and Petition a. Assembly               i. Protected by 1st and 14th amendmentii. Only if the assembly or petition is peaceableb. Regulations                i. Government may govern the time-place- manner of the assemblyii. Often require permits and advanced noticeiii. May not trespass on private propertyc. Gregory v. Chicago, 1969               i. Gregory arrested after de-segregation marchii. Supreme Court Held that the community and not the protestors were at faultd. Freedom of association i. The right to associate with others to promote political, economic, and other social causes

20. V. Due Process a. In whatever it does the government must act fairly in accord with established rules               i. It may not act unfairly, arbitrarily, or unreasonably b. 2 clauses in the Constitution                i. 5th Amendment1. Federal Gov. cannot deprive any person of, “life, liberty or property” with out due processii. 14th Amendment1. Places the same restriction on the states c. Supreme Court has refused to define, instead interpreting on a case by case basis

21. d. Procedural   i. Due process in the methods of government actionii. Exemplified in Rochin v. California,19521. Narcotics bust e. Substantive               i. Policies of Government Actionii. Upheld in Pierce v. Society of Sisters, 1. Oregon wants to destroy parochial schools

22. VI. The Police Power a. The authority of each State to act to protect and promote the public health, safety, morals, and general welfareb. Often conflicts with civil rights protection                i. Drunk Driving tests1. State and Federal Courts come down on the side of Police Powers2. Leading Case Schmerber v. California, 1966

23. ii. The state has often found to promote public health, safety, morals, and welfare they may override civil rights and 1. Limit the sale of alcoholic beverages and tobacco, make laws to combat pollution, and require vaccination of school children 2. Forbid concealed weapons, require the use of seatbelts, and punish drunk drivers

24. VII. Right of Privacy a. The right to be free, except in very limited circumstances from unwanted governmental intrusions b. Roe v. Wade i. Encompasses the woman’s right to terminate pregnancy

25. What is the landmark abortion case? • Roe v. Wade

26. ii. Since the decision State Courts have put limitations on abortions such as:1. Not allowing an abortion after 20 weeks2. Forcing minors to gain consent of a parent3. Women seeking abortion must:a. Be given professional counseling intended on changing her mindb. Delay the abortion for at least 24 hours after counseling 4. Doctors must keep detailed records of abortions they perform

27. VIII. Slavery and Involuntary Servitude  a. 13th Amendment i. Does not forbid all forms of servitude 1. 1918 Court drew the distinction between involuntary servitude and duty to rationalize the draft ii. Its intended purpose was curtailed by The Civil Rights Cases, 1883 1. Gave the rights given to the freed slaves narrow scope 2. Established discrimination legal, as it did not constitute slavery iii. Empowered in 1964 with the Civil Rights Act 1. Supreme Court has since widened the scope and affirmed the act

28. IX.  Right to bear arms  i. 2nd Amendment1.“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” ii. Regulated by the States

29. What amendment encompasses the right to bear arms? • 2nd

30. X.  Security of Home and Person      i. 3rd Amendment1. Forbids the housing of soldiers in private homes ii. 4th Amendment1. Prevents writs of assistance a. Blanket search warrants with which British customs officials had used to invade homes to search for smuggled goods

31. i. Probable Cause1. A reasonable suspicion of a crime2. Police have not general right to search for evidence or to seize either evidence or persons unless they have probable cause3. Florida v. J.L., 2000 a. Police did not acquire a warrant for a concealed handgun on a teenager

32. 4. Arrestsa.When police make a lawful arrest they do not need a warrant to search, “the area within which the suspect might gain possession of a weapon or destructible evidence.”b. Illinois v. Wardlow, 2000 i. Fleeing the scene reasonable cause

33. 5. Automobilesa. From 1925-1991 Search required a warrantb. California v. Acevedo, 1991                                    i. “Whenever police lawfully stop a car, they do not need a warrant to search anything in that vehicle that they have reason to believe holds evidence of a crime.” ii. Includes passenger’s belongings

34. 6. Exclusionary Rulea. Evidence gained as the result of an illegal act by police cannot be used at the trial of the person from who it was seizedb. Mapp v. Ohio, 1961 i. Pornography evidence found without a warrant

35.                                                                                       7. Drug Testinga. Can be conducted without warrants or indications of drug use                          i. Upheld at the School District Level1. Vernonia School District v. Action, 1995 8. Wiretappinga. Katz v. United States, 1967 i. Not allowed to wire tap b. Challenged by Patriot Act