Civil Liberties

1
Civil Liberties

• Sticking it to the Man

2
Civil Liberties

• PERSONAL rights and freedoms that can not be
  abridged either by law, constitution, or judicial
  interpretation.
• Unalienable Rights

3
Birth of the Bill of Rights

• It was apparent that without an article directly
  speaking to the Bill of Rights the Constitution
  would not be ratified.
• Federalists vs. Anti-Federalists
• Federalist 84- Bill of Rights Unnecessary and
  Dangerous
• Anti-Federalists win and Bill of Rights 1791

4
Dual Citizenship

• Bill of Rights was designed to limit the powers
  of the National Government.
• Barron vs. Baltimore 1833(Supreme Court Supported
  the Idea)
• Courts ruled that the Bill of Rights only applied
  to the national government and not the state.
• Each state established a constitution for itself

5
Incorporation

• 14th Amendment not only defined citizenship but
  placed Restrictions on the State Government
• NO STATE SHALL

6
Gitlow v. New York

• Gitlow was thrown in jail for advocating an
  overthrow of the New York Government
• Gitlow was thrown in jail because he violated the
  New York anarchism crime
• Gitlows lawyers argued his freedom of speech was
  being abridged

7
INCORPORATION

• USING THE 14th AMENDMENT TO APPLY THE BILL OF
  RIGHTS TO THE STATES ON A CASE BY CASE BASIS
• Tool used in incorporation is the 14th AMENDMENT
• Does this mean that all of the Bill of Rights
  were restored to the states?!?!?!

8
More Incorporation Cases

• Near v. Minnesota
• INCOROPORATED FREEDOM OF PRESS

• Dejonge v. Oregon
• INCORPORATED THE FREEDOM TO ASSEMBLE

9
First Amendment Guarantees

• Freedom of Religion
• The Establishment Clause
• Prohibits the government from establishing a
  national religion
• Thomas Jefferson Called it Wall of Separation

10
Establishment Clause

• School Prayer
• Engel vs. Vitale
• Struck down Non-Denominational Prayer

11
Establishment Clause

• How can the Courts tell what is religious in
  schools or what is secular?
• Lemon vs. Kurtzman
• Lemon Test
• Have a Secular Purpose
• Have a primary effect that neither advances or
  prohibits religion
• Not foster excessive government entanglement with
  Religion

12
Free Exercise Clause

• Congress shall make no law prohibiting the free
  exercise
• However this clause is also open to
  interpretation. Several Religious Practices have
  been ruled as unconstitutional including
• Reynolds vs. United States
• Polygamy is illegal and thus not covered under
  the Free Exercise Clause
• Oregon vs. Smith
• Banned illegal Drug use in Religious ceremonies.
  Free exercise clause does not cover illegal acts

13
Freedom of Speech

• Schenck vs. U.S.
• Clear and Present Danger
• New York Times v. Sullivan
• Established Libel and Slander
• Any speech with malice intent to harm is not
  protected under the first amendment
• Roth v. United States
• Obscenity is not protected by the first amendment
  

14
Limits of the Freedom of Press

• Prior Restraint- Censorship
• New York Times vs. United States
• Prior Restraint is unconstitutional unless it
  presents a clear and present danger to our nation
• Miller vs. California
• Obscenity
• Community Standards Test
• Patently offensive sexual conduct lacking serious
  literary artistic, political, or Scientific value
• Miller said they were local and Not national
• I KNOW IT WHEN I SEE IT

15
Freedom of Expression

• NOT DIRECTLY STATED IN THE FIRST
  AMENDMENT!!!!!!!!!!
• Texas v. Johnson
• Flag burning is protected under the 1st amendment
  because expression is a form of speech.

16
1st Amendment at School

• Students do not shed their constitutional rights
  when they enter the schoolhouse door." 
• Tinker vs. Des Moines
• Alright to wear a black armband to protest the
  Vietnam war
• MORSE et al. v. FREDERICK
• Upheld the suspension of the Bong Hits 4 Jesus
  culprit
• Hazelwood vs. Kuhlmeier
• Administration has
• Prior Restraint

17
2nd and 3rd Amendments

• Have not been incorporated
• Selective incorporation allows for fundamental
  rights to be granted to all citizens. The right
  to bear arms or quarter soldiers are not
  fundamental rights

18
Rights of the Accused
19
4th Amendment

• Unreasonable Search and Seizure
• Mapp v. Ohio
• Overturned Wolf v. Colorado
• Incorporated the Exclusionary Rule
• Anything obtained in an illegal search and
  seizure may not be used at a trial
• Katz v. United States
• Wiretapping without a warrant violates the 4th
  amendment

20
5th Amendment

• Indictment by a grand jury, self incrimination,
  double jeopardy, and eminent domain
• Miranda vs. Arizona
• Miranda Rights
• Kelo vs. City of New London
• The government can take public property to give
  to private companies

21
6th Amendment

• Right to a Speedy and public trial, Right to a
  lawyer
• Gideon vs. Wainwright
• Right to an attorney during the trial
• Escobedo vs. Illinois
• Right to have a lawyer present during police
  interrogation

22
8th Amendment

• Cruel and Unusual Punishment
• Gregg v. Georgia
• Death Penalty is NOT cruel and unusual punishment

23
Right to Privacy?

• No Constitutional Right to Privacy
• However, the courts have used several amendments
  to interpret a right to privacy
• Griswold vs. Connecticut
• Law was passed in Connecticut banning the
  dissemination of information about the sale of
  Contraceptives
• Courts ruled the law was Unconstitutional based
  on Amendments 1,3,4,9,and 14
• Establishes the RIGHT TO PRIVACY

24
Roe v. Wade

• Argued that the decision to carry a pregnancy to
  term was a Womens fundamental right
• In Roe v. Wade, the court found it was a
  fundamental right of a woman to have an abortion.
  
• Used right to privacy and primarily the 9th
  amendment to reach their conclusion
• Ever since Conservative justices have been trying
  to overturn Roe vs. Wade

25
The Right to Die

• Cruzan v. Missouri Dept of Health (1990)
• Living will is legitimate
• Only if the patients family is able to provide
  Clear and convincing evidence like a living
  will
• 9th Amendment