Civil Liberties

1
Civil Liberties

• Chapter 4

2
1st Amendment Rights

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  Government for a redress of grievances

3
Bill of Rights

• Importance of bill of rights
• - ratification of constitution (1788)
• - limits natl govt / fear of tyranny
• - ensure our civil liberties

4
Freedom of Religion

• Congress cannot respect or prohibit religion
• establishment clause
• - wall of separation
• - govt must remain neutral
• Can we have prayer in school?
• - Engel v Vitale (1962)
• - Court ruled prayer in public school is a
  violation of 1st amendment

5
Ten Commandments in the Public sector-
Constitutional?

• A. Stone v Graham (1980)
• B. Hang Ten movement
• Constitutional Ten Commandments

6
Freedom of Religion

• Free Exercise Clause
• - worship of any or no religion
• - Govt can intervene if harm is present

7
Understanding Freedom of Speech
8
Freedom of Speech

• Can we criticize public officials?
• What speech is prohibited?
• - clear present danger test
• Gitlow v. New York
• - speech may be curtailed if such expression
  might lead to some evil

9
Prohibited areas of Speech

• Can you say anything you want about someone else?
• You are protected from defamation of character
• Slander
• Hate speech
• - speeches that can lead to violence

10
Freedom of Expression

• How do we express ourselves?
• symbolic speech
• Protection of Symbolic Speech
• - Texas v. Johnson (1989)

11
Flag burning protest

• Congress passed Flag protection Act of 1989
• - ruled unconstitutional (1990)
• What do you think?

12
Prohibited areas of expression

• Prohibited symbolic speech intent to
  intimidate
• - burning a cross

13
Prohibited areas of expression

• campus banning of certain clothing

14
Prohibited areas of Expression

• Obscenity
• What is obscenity?
• Miller v. California

15
Freedom of the Press

• What is the press?
• Does the press have freedom?
• unless harm is present
• - Libel

16
Freedom of the Press (continue)

• What about libel against public officials?
• - N.Y. Times v. Sullivan (1964)
• - malice must be present

17
Right to petition the Government
18
Privacy Rights and Abortion

• Do we have a right to privacy?
• Roe v. Wade (1973)
• Courts recent view of Roe
• - Planned Parenthood v. Casey (1992)
• - court upheld law requiring preabortion
  counseling, waiting period, consent

19
Other Privacy Rights

• Do we have a right to die?
• living wills
• - treatment can be withdrawn at the request of
  a family member

20
Other Privacy Rights

• physician-assisted suicide
• - Court left issue to states / Oregon

21
Rights of the accused (p 91-2)

• Have the courts done too much to protect the
  rights of the accused, or not enough?

22
Extending rights of the accused

• Gideon v Wainwright (1963)
• Miranda v Arizona (1966)
• Exclusionary Rule

23
Death penalty

• Since 1973, 100 prisoners have been freed from
  death row after new evidence (DNA) has indicated
  their innocence or wrongful conviction
• Is capital punishment a Barbaric act or is it a
  deterrent to crime? Or does it satisfy societys
  need for justice fair play?
• Violation of 8th amendment?

24
Death penalty

• 37 states Federal Govt have capital punishment