Unit No.4 Civil Liberties

1. Unit No.4 Civil Liberties Targets 4.1 - 4.5 AP U.S. Government Timpanogos High School

2. 4.1 Introduction • Civil Liberties = Those Constitutional provisions that protect the rights and freedoms of individuals. • Rights that are grounded in the Bill of Rights ( amendments 1-10) • Civil Rights = Those rights that apply to historical oppressed groups (i.e. minorities) such as African Americans and Women. • Rights grounded in the so called “Civil War” amendments (13-15), especially the due process and equal protection clause of the 14th amendment. AP U.S. Government Timpanogos High School

3. 4.1 Competing Rights AP U.S. Government Timpanogos High School

4. 4.1 Security v. Liberty • How do we balance security & liberty? • Secrecy AP U.S. Government Timpanogos High School

5. Target 4.2 Freedom of Religion AP U.S. Government Timpanogos High School

6. 4.2 Freedom of Religion Religion Establishment clause “Congress shall make no laws respecting an establishment of religion... Free Exercise clause ...nor prohibiting the free exercise thereof.” Separation of Church and State AP U.S. Government Timpanogos High School

7. 4.2 Freedom of Religion • Everson v. Board of Education (1947) • Reimbursing parents for busing to parochial schools is a “non-religious” activity • Engle v. Vitale (1962) • Prohibits mandatory prayer in school AP U.S. Government Timpanogos High School

8. 4.2 Freedom of Religion AP U.S. Government Timpanogos High School

9. 4.2 Freedom of Religion • Lemon v. Kurtzman (1971) • Lemon test • secular purpose • primary effect neither advances nor inhibits religion • no excessive government entanglement • Employment Division v. Smith (1990) • Religion cannot be used to avoid compliance with valid law AP U.S. Government Timpanogos High School

10. Target 4.3 FREEDOM OF EXPRESSION AP U.S. Government Timpanogos High School

11. 4.3 Freedom of Expression AP U.S. Government Timpanogos High School

12. 4.3 Freedom of Expression • Two kinds of speech: • Pure speech and symbolic speech • Speech that can be restricted: • Seditious speech • Defamatory speech • Obscenity AP U.S. Government Timpanogos High School

13. 4.3 Sedition • Alien and Sedition Acts (1798) • Crime to utter or publish “any false, scandalous, and malicious writing” against government officials • Espionage and Sedition Acts (1917-18) • Espionage Act: Crime to do anything to impede the efforts of the U.S. military. Also, spying in time of war is considered a capital crime • Sedition Act: Cannot utter or write any “disloyal, profane, scurrilous, or abusive” statements against the U.S. form of government or the Constitution, or anything intended to incite resistance to U.S. war efforts AP U.S. Government Timpanogos High School

14. 4.3 Sedition • The Smith Act (1940) • Crime to willfully advocate the overthrow of the United States government AP U.S. Government Timpanogos High School

15. 4.3 Sedition • Schenck v. United States (1919) • Convicted under the Espionage Act • Clear and present danger test • “The most stringent protection of free speechwould not protect a man falsely shouting fire in a theater and causing a panic... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” –Justice Oliver Wendell Holmes, Schenck v. United States AP U.S. Government Timpanogos High School

16. 4.3 Selective Incorporation • Gitlow v. New York (1925) • Est. the “Dangerous Tendency” doctrine. • Opened the door for incorporation • Palko v. Connecticut (1937) • Freedom of speech and thought are “Fundamental” AP U.S. Government Timpanogos High School

17. 4.3 Sedition • Belief………….Action (1950’s) • Brandenburg v. Ohio (1969) • Imminent lawless action AP U.S. Government Timpanogos High School

18. 4.3 Sedition • Outline the trend of the Court regarding sedition: • Schenk….. Gitlow….. Yates… Brandenburg • Clear and Present danger | dangerous tendency | action v. belief | imminent lawless action AP U.S. Government Timpanogos High School

19. 4.3 Prior Restraint • New York Times v. United States (1973) • Freedom of the press and national security • The Pentagon Papers AP U.S. Government Timpanogos High School

20. 4.3 Defamatory Speech • Libel and Slander • Must be false • Must be damaging • Public figures... • Actual Malice (New York Times v. Sullivan 1964) AP U.S. Government Timpanogos High School

21. 4.3 What is Obscene? AP U.S. Government Timpanogos High School

22. 4.3 Obscenity • Miller v. California (1973) • Test: “average person applying contemporary community standards” • “Patently offensive” • “Lacks literary, artistic, political, or scientific value” AP U.S. Government Timpanogos High School

23. 4.3 Symbolic Speech Tinker v. Des Moines (1969) Texas v. Johnson (1989) AP U.S. Government Timpanogos High School

24. Target 4.4 SEARCH & seizure AP U.S. Government Timpanogos High School

25. 4.4 Fourth Amendment What are your rights? Cops & Coyotes AP U.S. Government Timpanogos High School

26. 4.4 Fourth Amendment • Search and seizure • Unreasonable • Search Warrants = probable cause • Reasonable suspicion • Exclusionary rule • Good Faith Exception AP U.S. Government Timpanogos High School

27. 4.4 Fourth Amendment • Mapp v. Ohio (1961) • Established the exclusionary rule • Katz v. United States (1967) • “Fourth amendment protects people, not places” AP U.S. Government Timpanogos High School

28. 4.4 Fourth Amendment • Technology and the Fourth Amendment • Kyllo v. United States (2001) AP U.S. Government Timpanogos High School

29. 4.4 Fourth Amendment 4.4 • Post 9-11 • The NSA (Spy Factory Trailer) • NSA Spying on American Citizens • Bush Defends Warrantless Wiretapping AP U.S. Government Timpanogos High School

30. Target 4.5 RIGHTS OF THE ACCUSED AP U.S. Government Timpanogos High School

31. 4.5 Fifth Amendment • Capital crime = Grand Jury • Double Jeopardy • Self incrimination • Due Process AP U.S. Government Timpanogos High School

32. 4.5 Self Incrimination AP U.S. Government Timpanogos High School

33. 4.5 Sixth Amendment • Public and speedy trial • Informed of accusations • Confront accusers • Cross examination • Compulsory means for obtaining witnesses AP U.S. Government Timpanogos High School

34. 4.5 Eighth Amendment • Cruel and unusual punishment • Furman v. Georgia (1972) • Gregg v. Georgia (1976) AP U.S. Government Timpanogos High School

35. AP U.S. Government Timpanogos High School