presentation by eric miller, blinn college, bryan, texas. c hapter 4 civil liberties: protecting...
TRANSCRIPT
Presentation by Eric Miller, Blinn College, Bryan, Texas.
CHAPTER 4Civil Liberties: Protecting Individual Rights
THOMAS JEFFERSON
A bill of rights is what the people are entitled to against every government on earth, general or particular, and
what no just government should refuse, or rest on inference.
Civil Liberties= liberties that are constitutionally protected from infringement by government
FREEDOM OF EXPRESSION The Early Period: The Uncertain Status of the
Right of Free Expression Sedition Act of 1798 - prohibited false or
malicious newspaper stories about the president or other national officials
Clear-and-Present-Danger test Justice Oliver Wendell Holmes- government can restrict
speech that threatens national security Falsely yelling “Fire!” in a crowded theater All civil liberties are NOT absolute
FREEDOM OF EXPRESSION
The Modern Period: Protecting Free Expression Freedom of expression is the most fundamental to the
maintenance of a democratic society Free Speech and Assembly
Gov can prevent a rally from taking place when it can demonstrate that a “non-preventable evil” will result if the rally is held
Press Freedom and Prior Restraint “Pentagon Papers”- New York Times Co. v. United States (1971) Press can be held accountable for what they have already
published but NOT by restricting what can be published Prior restraint should only apply in rare circumstances ONLY if
government can clearly justify the restriction Early cold war—freedom of speech abridged in interest of national
security; protected after 1950s Imminent lawless action Symbolic speech protected, but less completely than verbal
speech
FREEDOM OF EXPRESSION
Free Expression and State Governments Due Process clause The Fourteenth Amendment and Selective
Incorporation Selective Incorporation- absorption of certain provisions of
the Bill of Rights into the 14th Amendment so that these rights are protected from infringements by state governments
Gitlow v. New York (1925) The 14th Amendment applies to state (& local) action in the area
of freedom of expression
Limiting the Authority of States to Restrict Expression Imminent lawless action test
Gov. cannot lawfully suppress advocacy unless it can be proven that it promotes and is likely to result in “imminent lawless action”
FREEDOM OF EXPRESSION Libel and Slander
Slander- spoken words that are known to be false and harmful to a person’s reputation
Libel- Printed lies… Public people (less protection) vs. private people (more
protection) Obscenity
Obscenity is NOT protected by the 1st Amendment Material must lack “redeeming social value” Material must be “patently offensive” “Reasonable person” to be judge of “community
standards” Supreme Court distinction between obscenity in public
and in home
FREEDOM OF RELIGION
The Establishment Clause Government may not favor one religion over another Government may not favor religion over no religion Engel v. Vitale (1962)
No prayer in public school “Wall of separation” versus “excessive entanglement” The Lemon test—conditions for acceptable government action
Secular purpose Neither advances nor inhibits religion Avoids excessive government entanglement
The Free-Exercise Clause Government prohibited from interfering with the practice of
religion Government interference allowed when exercise of religious
belief conflicts with otherwise valid law Government may not prohibit free exercise of religion
THE RIGHT OF PRIVACY
The Supreme Court has reasoned that the right of privacy is provided by a reasonable interpretation of other constitutional protections in the Bill of RightsGriswold v. Connecticut: Americans have a “zone
of privacy” that cannot lawfully be denied Abortion
Roe v. Wade (1973) Right to privacy
Planned Parenthood v. Casey (1992) Reaffirmed the essential aspects of Roe v. Wade
Sexual Relations Among Consenting Adults Lawrence and Garner v. Texas (2003)
THE RIGHT TO BEAR ARMS
Widely accepted view that the amendment blocked the federal government from abolishing state militias
In District of Columbia v. Heller (2008) the Court ruled that “the Second Amendment protects an individual right to possess a firearm”
RIGHTS OF PERSONS ACCUSED OF CRIMES
Procedural due process: procedures that authorities must follow before a person can lawfully be punished for an offense
Suspicion phase No police search unless probable cause that
crime occurred (Fourth Amendment) Not a blanket protection; some warrantless
searches allowed based on situation
RIGHTS OF PERSONS ACCUSED OF CRIMES
Arrest phase Fifth Amendment protection against self-
incrimination Miranda v. Arizona: No legal interrogation until
suspect has been warned their words could be used as evidence Miranda warning
RIGHTS OF PERSONS ACCUSED OF CRIMES
Trial phase Legal counsel and impartial jury
Fifth Amendment: suspect cannot be tried for federal crime unless indicted by grand jury; states not required to use grand juries
Sixth Amendment: right to legal counsel before and during trial
Right to speedy trial The exclusionary rule
No admission of illegally obtained evidence 1960s expansion of exclusionary rule Exceptions: inevitable discovery; good faith
RIGHTS OF PERSONS ACCUSED OF CRIMES
Sentencing phase Eighth Amendment prevention of “cruel and
unusual punishment” of convicted persons Supreme Court generally allows states to decide
punishments, but has limited aspects of death penalty
RIGHTS OF PERSONS ACCUSED OF CRIMES
Appeal: one chance, usually No constitutional guarantee of appeal; but
federal law and states allow at least one appeal Federal law bars in most instances a second
federal appeal by a state prison inmate
RIGHTS OF PERSONS ACCUSED OF CRIMES Procedural due process
The Fourth Amendment No unreasonable searches…
The Fifth Amendment Due process, no double jeopardy or self-incrimination,
property…The Sixth Amendment
Speedy public trial by jury w/ council…The Eighth Amendment
No excessive fines, bails, or cruel & unusual punishment…
The Fourteenth Amendment No state shall deny equal protection of the law or due
process…
RIGHTS OF PERSONS ACCUSED OF CRIMES
Crime, punishment, and police practices Supreme Court rulings have affected police
practices Miranda
Some poor or arbitrary application of rights Racial profiling
Tough sentencing policies popular, but prison overcrowding an issue
RIGHTS OF PERSONS ACCUSED OF CRIMES Selective Incorporation of Procedural
RightsMiranda v. Arizona (1966)
Miranda Warning- “You have the right to remain silent…”
Search and SeizureThe Exclusionary Rule
Evidence obtained in an illegal search is inadmissible in court
Habeas Corpus Appeals
RIGHTS AND THE WAR ON TERRORISM Detention of Enemy Combatants
Prisoners captured in AfghanistanHamdi v. Rumsfeld (2004)
Citizens accused of terrorist acts are entitled to the right to a judicial hearing
Surveillance of Suspected Terrorists USA Patriot Act
Enacted in response to 9/11 attacksNew powers of surveillance and search Intelligence agencies have the authority to
share crime-related info with law enforcement
THE COURTS AND A FREE SOCIETY Courts are not isolated from public moods Courts must balance society’s need for safety
against the rights of the individual The test of a truly free society is its willingness to
tolerate distasteful ideas The greatest threat to individual rights is a
determined majority backed by elected leaders eager to carry out its rule
The judiciary is the institution most partial to the protection of civil liberties
STATES IN THE NATION