Civil Liberties

1
Chapter 4

• Civil Liberties

2
Civil Liberties versus Civil Rights

• civil liberties involve restraining the
  governments action against individuals
• civil rights are rights all individuals share as
  provided for in the 14th amendment, which
  guarantees equal protection under the law

3
Incorporating the Bill of Rights
4
Freedom of Religion

• Separation of Church and State
• comes from the 1st amendment
• establishment clause
• Everson v. Board of Education (1947)
• Contemporary Conflicts
• state aid to church-related schools

• school voucher programs
• prayer in schools
• teaching evolution
• posting the Ten Commandments
• religious speech
• Free Exercise
• comes from the 1st amendment

5
Freedom of Expression

• permitted restrictions
• speech that presents a clear and present danger
• speech that might lead to some evil (the bad
  tendency rule)
• Protected speech
• commercial speech
• symbolic speech

6
Freedom of Expression

• unprotected speech
• obscenity
• slander
• fighting words and hecklers veto

7
Freedom of the Press

• press has some protection from libel charges
• libel must be accompanied by actual malice
• the press is now protected from gag orders during
  trials, except in unusual circumstances
• radio and t.v. have much more limited 1st
  amendment protections
• they are subject to the equal time rule
• they are subject to the personal attack rule

8
The Right to Assemble and Petition the Government

• protected by the 1st amendment
• can be limited by municipalities right to offer
  permits for marches
• has been tested by anti-loitering ordinances
  aimed at reducing gangs from congregating

9
Privacy Rights and Abortion

• no explicit right to privacy in Constitution
• Griswald v. Connecticut (1965) -- Supreme Court
  rules that privacy rights exist
• come from the 1st, 3rd, 4th, 5th and 9th
  amendments
• Roe v. Wade (1973) court rules that privacy
  rights include abortion rights
• the Court has taken on a more restrictive view of
  the rights outlined in Roe.

10
Rights of the Accused versus the Rights of Society

• Limits on Conduct of Police Officers and
  Prosecutors
• Defendants Pre-Trial Rights
• Trial Rights
• Miranda Rights
• Videotaped Interrogations
• Exclusionary Rule
• the death penalty

11
States that Allow the Death Penalty