Civil Liberties

Chapter 18Colette SpencerNMBHS

Civil Liberties v. Civil RightsCivil liberties protect people from the abuses of governmentCivil rights come about as a result of the equal protection under the lawHowever, both limit the power of gov’tCivil liberties are guaranteed in the Constitution, the Bill of Rights, other amendments and through court interpretation

The ConstitutionThe Constitution guarantees many “civil rights”:

Writ of habeas corpus – informed of chargesNo bills of attainder – can’t be punished w/o trialFreedom of religion, press, speech, petition, and assemblyNo unreasonable search and seizureProtection against self-incrimination and double jeopardyProtections in criminal proceedings

14th Amendment expanded individual rightsSupreme Court interpreted the due process clause to apply to state and local gov’ts also

Congress passes laws that set limits on one person’s rights over another or balance rights of people with the interests of society

Example: false advertising not protected under 1st Amendment

Federal court decisions protect rights through judicial review

Freedom of Religion

Two protections exist for freedom of religion: establishment clause and free exercise clause“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”Establishment Clause:

No national religionCan’t favor one over the otherCan’t tax to support a religion

The Supreme Court has helped define the parameters of this clause:

Engel v. Vitale – 1962 – school sanctioned prayer is unconstitutionalAbington School District v. Schempp – 1963 – no required reading of the Bible at the beginning of each dayLemon v. Kurtzman – 1971 – struck down law reimbursing parochial schools for textbooks and salaries.

Also established the Lemon Test:A law must:

1) have a primarily secular purpose2) its principal effect must not aid or inhibit religion3) it must not create excessive entanglement between government and religion

Lynch v. Donnelly – 1984 – upheld the right of gov’ts to celebrate Christmas with displays as long as secular displays were included

Edwards v. Aguillard – 1987 – Louisiana could not force public schools that taught evolution to also teach creationismSanta Fe Independent School District v. Doe – 2002 – overturned Texas law that allowed high school students to read a prayer at athletic events like football games

Free Exercise Clause:Guarantees the right to practice any religion or no religionCourts have said that the practice of beliefs may be restricted, esp. if they conflict with criminal lawReynolds v. US – 1879 – upheld federal law that prohibited polygamy

Wisconsin v. Yoder – 1972 – ruled that Wisconsin could not require Amish children to go beyond the 8th grade due to beliefsEmployment Division of Oregon v. Smith – 1990 – ruled that Oregon could deny unemployment benefits to workers fired for using drugs (peyote) as part of a religious ceremony

Freedom of Speech

Different types:Pure speech – most common, verbal, given most protection by courtsSpeech plus – verbal and symbolic speech used together, like at a rally and then picketing; may be limitedSymbolic speech – using actions or symbols to convey ideas, like burning a draft card or flag; may be restricted if it endangers the public

Limits on free speech usually exist in the area of providing for national security

1798 – Alien and Sedition Acts first laws that limited free speech – expired in 1801

After the assassination of McKinley in 1901 and then WWI, the gov’t again began passing laws limiting speech:

Schenck v. US – 1919 – he mailed fliers to draftees during WWI to urge them to protest peacefully, convicted of encouraging disobedience of military orders; this speech not protected during wartime

Gitlow v. New York – 1925 – Gitlow convicted in NY of advocating the forcible overthrow of the gov’t using violent means - courts applied protection of free speech to the states under the due process clause of the 14th AmendmentTinker v. Des Moines – 1969 – court ruled that wearing black armbands protesting the Vietnam War was symbolic and protected by 1st Amendment

Brandenburg v. Ohio – 1969 – Court made the “clear and present” danger test less restrictive by saying that using inflammatory speech could be punished only if there was imminent danger that the speech would incite an illegal act.Miller v. California – 1973 – Court established the Miller test setting standards for defining obscenity:

1) theme appeals to indecent sexual desires by applying contemporary standards2) show in a clearly offensive way behavior outlawed by state law3) lacks serious literary, artistic, political, or scientific value

Texas v. Johnson (1989) – Flag burning is a protected form of symbolic speech

Since 1940’s, Court has supported the following: 1st Amendment freedoms are more important than other freedoms because they provide a basis for those freedoms

Freedom of the PressClosely related to freedom of speechBasic interpretation comes down to: protecting a person’s right to free speech vs. gov’t limiting it to protect the interests and safety of the country

Near v. Minnesota (1931) – Court applied the protections of free press to the states under the “due process” clause of 14th AmendmentNew York Times v. Sullivan (1964) – protected statements about public officials

Defined what constitutes libelNew York Times v. US (1971) – using prior restrain, the Court refused to stop the publication of the Pentagon Papers

Freedom of Assembly and PetitionApplies to both public and private placesCitizens can make their views known through petitions, letters, picketing, demonstrations, parades and marches.Court has allowed the gov’t to set limits to protect rights and safety of others

Dejonge v. Oregon (1937) – said right of assembly was as important as other 1st Amendment rights

DeJonge had right to organize a Communist Party and speak at meetings even though it advocated revolution

Dennis V. US (1951) – fear of Communism at the time resulted in upholding that Dennis had violated the Smith Act by advocating the forcible overthrow of the gov’t

Also used “due process” clause to apply it to states

Courts have generally ruled:Gov’t may require groups to obtain a permit before marches or demonstrationsCertain facilities (jails, schools, airports) may be restricted from demonstrationsRestrictions must apply to all groups equallyDoes not allow groups to use private property for its own use (buffer zone around abortion clinics)Police may disperse group to keep the peace or protect safety of others if demonstration become violent

Property Rights

Private property is protected by the “due process” clause of 5th and 14th Amendments

Due process = gov’t acting in a fair manner according to established rules

5th Amendment says gov’t can’t take property without paying a fair price for it

Eminent domain = gov’t can take property for public use but must give fair compensation for it

Right to PrivacyConstitution does not mention “right to privacy”But Court has mentioned it

Griswold v. Connecticut (1965) – 1st, 3rd, 4th, 9th and 14th Amendments created “zones of privacy” and enhanced concept of enumerated rightsRoe v. Wade (1973) – constitutional right of privacy for a women to determine whether to terminate a pregnancyPlanned Parenthood v. Casey (1992) – minors must wait 24 hours after getting parental permission to have an abortion – also women do not have to inform spouses

Rights of the Accused

4th, 5th, 6th, 8th Amendments and 14th Amendment to apply it to states4th Amendment: Search and Seizure

Mapp v. Ohio (1961) – evidence obtained without a search warrant was excluded from trial in state courts – used “exclusionary rule”Terry v. Ohio (1968) – searches of criminal suspects for safety purposes are okayNix v. Williams (1984) – “inevitable discovery rule” – evidence from an illegal search can be introduced if it can be shown that it would have been found anyway

5th Amendment: Self-IncriminationMiranda v. Arizona (1966) – suspects in police custody have rights and they must be informed of those rights.

6th Amendment: Right to an AttorneyPowell v. Alabama (1932) – “due process clause” of 14th Amendment guarantees death penalty defendants the right to an attorneyBetts v. Brady (1963) – poor defendants in noncapital cases are not entitled to an attorney at the state’s expense

Gideon v. Wainwright (1963) – in state trials, people who can’t afford an attorney will be provided one by the state

Overturned Betts. v. BradyEscobedo v. Illinois (1964) – extended exclusionary rule to confessions in state court cases

“Escobedo Rule” – people have a right to an attorney when the investigation begins

8th Amendment: Cruel & Unusual PunishmentFurman v. Georgia (1972) – death penalty unconstitutional under existing state law because it was imposed arbitrarilyGregg v. Georgia (1976) – death penalty constitutional because it was imposed based on circumstances of the case

Undefined Rights

9th Amendment called “elastic clause” of the Bill of Rights10th Amendment is the basis for federalismUS v. Lopez (1995) – ruled that the Gun-Free School Zone Safety Act which made possession of a gun within 1000 yards of a school a federal crime unconstitutional