American American Government and Government and

Politics Today Politics Today

Chapter 4Chapter 4

Civil LibertiesCivil Liberties

The Bill of RightsThe Bill of Rights

Origins - colonists’ fear of a tyrannical Origins - colonists’ fear of a tyrannical governmentgovernment

Federalists agreed to amend the Federalists agreed to amend the Constitution to include a Bill of Rights Constitution to include a Bill of Rights after ratificationafter ratification

This placed limitations on the This placed limitations on the government and thus protected government and thus protected citizens’ civil libertiescitizens’ civil liberties

The Bill of Rights The Bill of Rights and State Governmentsand State Governments

The original Bill of Rights did not apply to The original Bill of Rights did not apply to state governmentsstate governments

The Fourteenth Amendment (1868) The Fourteenth Amendment (1868) imposed, step-by-step, most Constitutional imposed, step-by-step, most Constitutional protections of civil liberties upon state protections of civil liberties upon state governmentsgovernments

Incorporation theoryIncorporation theory: the view that most : the view that most protections of the Bill of Rights apply to protections of the Bill of Rights apply to state governments through the Fourteenth state governments through the Fourteenth Amendment’s due process clauseAmendment’s due process clause

Freedom of Religion: Freedom of Religion: The Establishment ClauseThe Establishment Clause

– Setting up “a wall of separation of Church and Setting up “a wall of separation of Church and State”State” Aid to church-related schoolsAid to church-related schools School vouchersSchool vouchers School prayer—School prayer—Engel v. VitaleEngel v. Vitale Prayer outside the classroomPrayer outside the classroom The Ten CommandmentsThe Ten Commandments The teaching of evolutionThe teaching of evolution Religious speechReligious speech

Freedom of Religion: Freedom of Religion: The Free Exercise ClauseThe Free Exercise Clause

– GGuarantees the free exercise of religion, uarantees the free exercise of religion, and is restrained when religious and is restrained when religious practices interfere with public policypractices interfere with public policy Examples: the ability of school districts to Examples: the ability of school districts to

select texts for students; the requirement select texts for students; the requirement of vaccinations for school enrollmentof vaccinations for school enrollment

– The Religious Freedom Restoration ActThe Religious Freedom Restoration Act– Free exercise in public schoolsFree exercise in public schools

Freedom of ExpressionFreedom of Expression

– No prior restraintNo prior restraint– Protection of symbolic Protection of symbolic

speech speech– Protection of commercial Protection of commercial

speech speech– Permitted restrictions on expressionPermitted restrictions on expression

Clear and present dangerClear and present danger Modifications: the bad-tendency rule, the Modifications: the bad-tendency rule, the

grave and probable rulegrave and probable rule

Freedom of Expression Freedom of Expression (continued)(continued)

– Unprotected SpeechUnprotected Speech ObscenityObscenity SlanderSlander Pornography and Pornography and

Internet pornography Internet pornography

– Campus speechCampus speech– Hate speech on the InternetHate speech on the Internet

Freedom of the PressFreedom of the Press

– LibelLibel: a written defamation of character: a written defamation of character Public figures must meet higher standards than ordinary Public figures must meet higher standards than ordinary

people to win a libel suitpeople to win a libel suit

– A free press versus a fair trialA free press versus a fair trial Gag orderGag order: the right of a defendant : the right of a defendant

to a fair trial supersedes the right to a fair trial supersedes the right of the public to “attend” the trial of the public to “attend” the trial

– Film, radio, and televisionFilm, radio, and television This freedom is no longer limited to This freedom is no longer limited to

print media, though broadcast media print media, though broadcast media do not receive the same do not receive the same protection as print mediaprotection as print media

The Right to Assemble The Right to Assemble and Petition the and Petition the

GovernmentGovernment

– The Supreme Court has held that state and The Supreme Court has held that state and local governments cannot bar individuals local governments cannot bar individuals from assembling from assembling

– However, they can require permits for However, they can require permits for assembly so that order can be maintained, assembly so that order can be maintained, though they cannot be selective as to who though they cannot be selective as to who receives permitsreceives permits Street gangs Street gangs Online assemblyOnline assembly

Matters of PrivacyMatters of Privacy

– There is no There is no explicitexplicit Constitutional right Constitutional right to privacy – it is an interpretation by to privacy – it is an interpretation by the Supreme Court drawn from the the Supreme Court drawn from the First, Third, Fourth, Fifth, and Ninth First, Third, Fourth, Fifth, and Ninth AmendmentsAmendments

– The right was established in 1965 The right was established in 1965 in in Griswold v. ConnecticutGriswold v. Connecticut

– Privacy rights in an information agePrivacy rights in an information age

Privacy Rights and AbortionPrivacy Rights and Abortion

– In In Roe v. Wade Roe v. Wade (1973) the court held that (1973) the court held that governments could not prohibit abortions, governments could not prohibit abortions, as this would violate a woman’s right to as this would violate a woman’s right to privacyprivacy

– The Supreme Court has issued many The Supreme Court has issued many decisions on the boundaries of state decisions on the boundaries of state regulations concerning abortion regulations concerning abortion

– The controversy continuesThe controversy continues

Privacy Rights Privacy Rights and the Right to Dieand the Right to Die

– CruzanCruzan v. Director, Missouri Department of v. Director, Missouri Department of HealthHealth (1997): a patient’s life support could be (1997): a patient’s life support could be withdrawn at the request of a family member if withdrawn at the request of a family member if there was “clear and convincing evidence” that there was “clear and convincing evidence” that the patient did not want the treatmentthe patient did not want the treatment

– This has led to the popularity This has led to the popularity of advance health of advance health directives, directives, commonly called commonly called living willsliving wills What ifWhat if there is no living will? there is no living will?

Privacy Rights Privacy Rights and the Right to Die and the Right to Die

(continued)(continued)– Physician-assisted suicide - the Court has Physician-assisted suicide - the Court has

stated that the Constitution does not stated that the Constitution does not imply a right to commit suicideimply a right to commit suicide

– This decision has given This decision has given states much leeway to legislate states much leeway to legislate on this issue on this issue

– Only Oregon has legalized Only Oregon has legalized physician-assisted suicide physician-assisted suicide

Privacy Rights Privacy Rights versus Security Issuesversus Security Issues

– Privacy rights have taken on particular Privacy rights have taken on particular importance since September 11, 2001importance since September 11, 2001

– Rules such as the proposed Rules such as the proposed “roving” wiretap “roving” wiretap legislation legislation may violate the Fourth may violate the Fourth Amendment Amendment The USA Patriot ActThe USA Patriot Act Concerns about civil libertiesConcerns about civil liberties

The Rights of the Accused The Rights of the Accused versus the Rights of Societyversus the Rights of Society

– Fourth AmendmentFourth Amendment No unreasonable or unwarranted search No unreasonable or unwarranted search

or seizureor seizure No arrest except on probable causeNo arrest except on probable cause

– Fifth AmendmentFifth Amendment No coerced confessionNo coerced confession No compulsory self-incriminationNo compulsory self-incrimination

The Rights of the Accused The Rights of the Accused (continued)(continued)

– Sixth AmendmentSixth Amendment Legal counselLegal counsel Informed of chargesInformed of charges Speedy and public Speedy and public

jury trial jury trial Impartial jury of one’s peersImpartial jury of one’s peers

– Eighth AmendmentEighth Amendment Reasonable bailReasonable bail No cruel or unusual punishmentNo cruel or unusual punishment

Extending the Rights Extending the Rights of the Accusedof the Accused

– Miranda v. Arizona Miranda v. Arizona (1966):(1966): requires police to inform requires police to inform suspects of their rightssuspects of their rights

– A “public safety” exception A “public safety” exception to to MirandaMiranda says that says that illegal confessions need not illegal confessions need not bar a conviction if other bar a conviction if other evidence is strong, and that evidence is strong, and that suspects must claim their suspects must claim their rights unequivocallyrights unequivocally

Extending the Rights Extending the Rights of the Accused (continued)of the Accused (continued)

– In the future, a procedure such as In the future, a procedure such as video recording of interrogations might video recording of interrogations might satisfy Fifth Amendment requirementssatisfy Fifth Amendment requirements

– The The exclusionary ruleexclusionary rule: prohibits the : prohibits the admission of illegally seized evidenceadmission of illegally seized evidence

The Death PenaltyThe Death Penalty

Is the death penalty cruel and unusual Is the death penalty cruel and unusual punishment? punishment?

Or is it a useful method for dealing Or is it a useful method for dealing with the worst criminals?with the worst criminals?

The Death Penalty TodayThe Death Penalty Today

– The death penalty is allowed in 37 statesThe death penalty is allowed in 37 states– Time limits for death row appealsTime limits for death row appeals

The Antiterrorism and Effective Death The Antiterrorism and Effective Death Penalty Act of 1996 limits appeals from Penalty Act of 1996 limits appeals from death rowdeath row

– DNA testing has freed about 100 death DNA testing has freed about 100 death row inmates who were wrongly convicted, row inmates who were wrongly convicted, casting more doubt on the use of capital casting more doubt on the use of capital punishmentpunishment

Questions for Critical Questions for Critical Thinking Thinking

What do you think is the historical basis What do you think is the historical basis for civil liberties? Are Americans as for civil liberties? Are Americans as concerned today about the protection of concerned today about the protection of their civil liberties as were our founders?their civil liberties as were our founders?

Do you think the libel laws restrict a free Do you think the libel laws restrict a free press? Should the press be allowed to press? Should the press be allowed to publish anything it wants about a publish anything it wants about a person? Should the press have to prove person? Should the press have to prove that everything published is absolutely that everything published is absolutely true? true?

Questions for Critical Questions for Critical Thinking Thinking

Why are the rights of the accused so Why are the rights of the accused so important? Is there any way to strike important? Is there any way to strike a balance between the rights of the a balance between the rights of the victims and the rights of the victims and the rights of the accused?accused?