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GOVT10_SidlowHenschen_Ch04.pptx

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Chapter 4 Civil Liberties

Civil Liberties

LEARNING OUTCOMES

Define the term civil liberties, explain how civil liberties differ from civil rights, and state the constitutional basis for our civil liberties

List the religious freedoms guaranteed by the First Amendment, and explain how the courts have interpreted and applied these freedoms

Describe how freedom of speech is protected by the First Amendment, and show how the courts have implemented this freedom

LEARNING OUTCOMES

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LEARNING OUTCOMES (continued)

Discuss why Americans are increasingly concerned about privacy rights

Summarize how the Constitution and the Bill of Rights protect the rights of accused persons

LEARNING OUTCOMES (continued)

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America at Odds: Do U.S. Citizens Really Need Military-Style Rifles?

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Under the Second Amendment, what limits, if any, should be placed on the kinds of weapons that ordinary civilians can own?

Could a citizens’ militia possibly be effective against an attempt to install a dictator?

Civil Liberties

Civil liberties: Individual rights protected by the Constitution against the powers of the government

Often confused with civil rights

Civil liberties are limitations on government action

Civil rights specify what the government must do

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Safeguards in the Original Constitution

Writ of habeas corpus

Order that requires an official to bring a specified prisoner into court and explain to the judge why he or she has been imprisoned

Congress and state legislatures are prohibited from passing:

Bills of attainder: Inflict punishment without granting the right to trial

Ex post facto laws: Punish for acts that was legal when they were committed

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The Bill of Rights

Protects the rights of the minority against the will of the majority

U.S. Supreme Court has the final say regarding the interpretation of the Constitution and the Bill of Rights

Liberties/rights change over time

Extending the Bill of Rights to state governments

Founders feared tyranny of national government (not state governments)

Fourteenth Amendment- 1868 began to be applied to the states- Table 4-2

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Amendments in The Bill of Rights

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Bill of Rights

Amendment I - Religion, Speech, Press, Assembly, and Petition

Amendment II - Militia and the Right to Bear Arms

Amendment III - The Quartering of Soldiers

Amendment IV - Searches and Seizures

Amendment V - Grand Juries, Self-Incrimination, Double Jeopardy, Due Process, and Eminent Domain

Bill of Rights

Amendment VI - Criminal Court Procedures

Amendment VII - Trial by Jury in Civil Cases

Amendment VIII - Bail and Cruel and Unusual Punishment

Amendment IX - The Rights Retained by the People

Amendment X - Reserved Powers of the States

Individuals with Limited Protection under the Fourteenth Amendment

Noncitizens seeking to enter or remain in U.S. can be deported even if their presence is lawful

1903 Supreme Court ruling

Government cannot deport without a hearing that meets constitutional standards

Yet, courts have often accepted arguments that noncitizens cannot make constitutional claims

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Freedom of Religion

Laws on religion in the colonies

Freedom of religion was the first freedom mentioned in the Bill of Rights

Colonists showed little tolerance for religious freedom

1610 Jamestown- law requiring attendance at religious services

Guaranteed under the First Amendment

Establishment clause: Prohibits Congress from passing laws respecting an establishment of religion

Free exercise clause: Government cannot pass laws prohibiting the free exercise of religion

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Establishment Clause

Wall of separation between church and state

Does not prohibit government from supporting religion in general

Main church-state issues

Prayer in the schools

Teaching of evolution versus creationism

Government aid to parochial schools

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Prayer in Schools

Any religious or nondenominational prayer is unconstitutional

Lower courts have held that a school may require a moment of silence only if it serves a clearly secular purpose

Public schools cannot sponsor religious activities

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Evolution versus Creationism

State laws forbidding the teaching of evolution in the schools are unconstitutional

Intelligent design - Alternative to teaching evolution

Deemed to be inherently religious

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Aid to Parochial Schools

Limited to transportation, equipment, or special educational services for disadvantaged students

Lemon test: Three-part test enunciated by the Supreme Court in the 1971 case of Lemon v. Kurtzman

Conducted to determine if government aid to parochial schools was constitutional

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Aid to Parochial Schools (continued 1)

To be constitutional, a state’s school aid must meet three requirements

Purpose of the financial aid must be secular

Primary effect must neither advance nor inhibit religion

Aid must avoid an excessive government entanglement with religion

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Aid to Parochial Schools (continued 2)

School vouchers: Educational certificates provided by a government

Allow a student to use public funds to pay for private or a public school chosen by the student or his/her parents

Voucher program in Cleveland, Ohio was ruled constitutional in 2002 by the Supreme Court

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Free Exercise Clause

Forbids passage of laws that prohibit the free exercise of religion

Right to hold any belief is absolute

Right to practice one’s belief is limited

Right of parents to refuse treatment or vaccination for their children is limited

Churches can’t endorse candidates for office or make campaign contributions

Allowed to take positions on ballot proposals (funded Prop8)

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Religion in the Workplace and Insurance for Birth Control

Title VII of the Civil Rights Act of 1964

Requires employers to accommodate their employees’ religious practices

Burwell v. Hobby Lobby (2014)

For-profit corporations could be exempted from providing certain birth control coverage if the owners objected on religious grounds

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Freedom of Expression

Guaranteed by the First Amendment

Protects the freedom to express all ideas, including those that may be unpopular

Also protects symbolic speech

Symbolic speech: Expressing beliefs, opinions, or ideas via forms other than verbal speech or print

Right to free speech is not absolute

Supreme Court limits this right to protect other rights of Americans

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Subversive or Seditious Speech

Urges resistance to lawful authority or advocates to overthrow the government

Espionage Act of 1917

Measure taken by Congress to curb seditious speech

Bad tendency test - Restrict speech if it is likely to have harmful consequences

Clear and present danger test - Restrict speech if it causes a dangerous condition that Congress had the power to prevent

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Subversive or Seditious Speech (continued)

Imminent lawless action test: Current Supreme Court doctrine for assessing the constitutionality of subversive speech

Speech can be forbidden only when it is directed to inciting imminent lawless action

Hard standard for prosecutors to meet

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Limited Protection for Commercial Speech

Commercial speech: Advertising statements that describe products

Receives less protection under the First Amendment than ordinary speech

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Unprotected Speech

No person has the right to libel or slander another

Libel: Published report of a falsehood that injures a person’s reputation or character

Slander: Public utterance that holds a person up for contempt, ridicule, or hatred

Obscenity: Indecency in speech, expression, behavior, or appearance

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Remaining Restrictions on Pornography

Government has the right to impose restrictions on radio and broadcast television

Making or possessing pornographic videos or photographs of underage persons is a crime

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Free Speech for Students

Supreme Court

Allows elementary schools to regulate free speech

Has placed some restraints on freedom of expression in high schools

Speech codes at public colleges and universities are ruled unconstitutional

Political correctness: Criticizing others for speech that is offensive to minority group members

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Freedom of the Press

Films, Radio, and TV

Few local censorship boards exist today- film industry regulates by rating system

Federal Communications Commission FCC regulates airwaves, grants licenses, imposes regulations on broadcasting

Eminem

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Freedom of the Press

Preferred-position doctrine - Certain freedoms are essential to a democracy

Any law limiting them are unconstitutional, unless the government states its necessity

Prior restraint or censorship

Removing objectionable materials from an item before it is published

Opposed by the Supreme Court

Exception - School administrators can censor school publications

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Right to Privacy

Implied by other constitutional rights guaranteed in the First, Third, Fourth, Fifth, and Ninth Amendments

Contraceptive use (Griswold v. Connecticut)- overturned a CT law prohibiting contraceptives

Abortion (Roe v. Wade)- 1973 during the first trimester abortion is an issue solely between a woman and her doctor

Right to Die (Cruzan v. Director, Missouri Department of Health)- if there is clear and convincing evidence that the patient did not want to remain on life support

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Right to Privacy: Euthanasia

Court upholds states’ rights to ban the practice

Court did not hold that state laws permitting assisted suicide were unconstitutional

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Right to Privacy: Privacy Legislation for Personal Information

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Freedom of Information Act (1966)

Allows one to request copies of information about her or him in government files

Privacy Act (1974)

Restricts government disclosure of data to third parties

Driver’s Privacy Protection Act (1994)

Prevents states from disclosing or selling a driver’s personal information without the driver’s consent

Regulation protecting the privacy of medical information (2000)

Restricts health-care providers and insurance companies from sharing a patient’s confidential information

Right to Privacy: Online Harassment

Cyberbullying

All states have laws against harassment

Not all of the laws are equally effective

Revenge porn

Outlawed by 34 states and the District of Columbia

Victims can also pursue civil lawsuits on a variety of grounds

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Personal Privacy and National Security

USA Patriot Act of 2001

Gave the government broad latitude to investigate people vaguely associated with terrorists

FBI was permitted to use National Security Letters to gain personal information about individuals from private companies

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National Security under President Obama

Restated the Bush policy to hold suspected terrorists indefinitely without a trial

Charged or convicted individuals who leaked national security information to the press under the Espionage Act of 1917

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NSA Revelations

Facilitated by Edward Snowden

Metadata

Information regarding every phone call made in the United States

PRISM

Used to accumulate data from the servers of major corporations

Bugging foreign leaders

Created serious diplomatic problems for the U.S. government

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USA Freedom Act (2015)

Resulted from the joint efforts of the Republican libertarians and the left-leaning Democrats

Attempts to control the NSA’s collection of metadata on domestic phone calls

Clarifies duties of the Foreign Intelligence Surveillance Court (FISC)

FISC must now release justifications for key rulings

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Rights of the Accused

Fourth Amendment

Protection from unreasonable searches and seizures

No warrant for a search or an arrest can be issued without probable cause

Fifth Amendment

No one can be deprived of life, liberty, or property, without due process of law

Prohibition against double jeopardy

Provision against self-incrimination

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Rights of the Accused (continued)

Sixth Amendment

Guarantee of a speedy trial, a trial by jury, a public trial, and the right to confront witnesses

Guarantee of the right to counsel at various stages in some criminal proceedings

Eighth Amendment

Prohibitions against excessive bail and fines and against cruel and unusual punishments

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Rights of the Accused: Exclusionary Rule

Illegally obtained evidence is not admissible at trial

Forces law enforcement personnel to gather evidence properly

2014 Supreme Court ruling

Searching the digital contents of a cell phone during an arrest is unconstitutional unless law enforcement has a search warrant

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The Miranda Warnings

Series of statements informing criminal suspects, upon arrest, of their constitutional rights

Required by the Supreme Court’s 1966 decision in Miranda v. Arizona

Exception

Suspect’s conviction is not overturned if the suspect was coerced into making a confession

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Rights of the Accused: Recording Confessions

Law enforcement agencies digitally record interrogations and confessions

Helps save time and money

Creates valuable evidence

Makes it difficult for defense attorneys to claim illegal coercing of their clients

Satisfies the Fifth Amendment’s prohibition against coercion and renders the Miranda warnings unnecessary

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Privacy Rights versus Secret Searches Click picture to play video

Microsoft sues the U.S. Department of Justice

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INSTRUCTOR: To find the video, search “Microsoft sues U.S. government over email searches” on YouTube. The video will be hosted by CBSN. You can also visit the page directly at https://www.youtube.com/watch?v=qA0CM5RSsmQ

Questions

Should tech companies such as Microsoft do everything in their power to aid federal investigations for terrorism?

Why or why not?

Identify some conflicts between our privacy rights and the government’s need to conduct secret searches

Discuss these conflicts with the class

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Questions (continued)

Does the government go too far in searching for information in digital data?

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KEY TERMS

Civil liberties

Writ of habeas corpus

Bill of attainder

Ex post facto law

Due process clause

Due process of law

Establishment clause

Free exercise clause

Lemon test

School voucher

Symbolic speech

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KEY TERMS

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KEY TERMS (continued)

Seditious speech

Imminent lawless action test

Commercial speech

Libel

Slander

Political correctness

Obscenity

Probable cause

Double jeopardy

Self-incrimination

Exclusionary rule

Miranda warnings

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KEY TERMS (continued)

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SUMMARY

Civil liberties protect citizens from government actions

First Amendment guarantees the freedoms of religion, expression, the press, and assembly and the right to petition

Right to privacy is implied by other constitutional rights

Accused persons are protected by the Bill of Rights

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SUMMARY

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