civil liberties & the bill of rights part two freedom of press and religion
TRANSCRIPT
Freedom vs. Libel and Slander
•Free expression is not a license to avoid responsibility for the consequences of what is said or written
•False information that hurts a person’s reputation:
Libel- publishedSlander- spoken
(these are known as defamation)
Libel and Slander
•Libel is more important in politics b/c it affects media’s ability to openly criticize officials
•NY Times v. Sullivan Co. 1964: libel of a public official requires proof of “actual malice”
•The press has LESS protection when it’s a private individual
Freedom of Press Issues:• Again, NY Times v. US: Pentagon
Papers could be published• Stopping it would’ve been prior
restraint• Recently, 1st amendment rights clashed
with 6th Amendment rights!• What if the publishing of information
could influence the outcome of a trial?• Several measures have been made to
restrain press coverage…
What do you think has been done to restrain press coverage?•Moving the trial to reduce pretrial publicity•Limiting # of reporters in courtroom•Controlling reporters conduct•Isolating witnesses & jurors•Having the jury sequestered “If the glove doesn’t fit, you
must acquit!”
The OJ trial became a media circus
Balancing free press• Gag orders have also been used. • order from a judge barring publishing
certain type of info. • Lately, open to press and public in court
but limits exist (sometimes no pictures)• The idea is to protect parties involved• Passage of “shield laws” • Gives reporters some protection against
being forced to disclose confidential info
Free Press Issues• How do we deal with press instruments
the founders couldn’t foresee?• Radio and Television: Must obtain a
license from the FCC• Can they get around it?• Motion Pictures: The MPAA • (G,PG,PG-13, R, NC-17, X)• Internet- entitled to 1st Amend.
Protection• Advertising: “commercial speech”, court
has limited (ex. billboards & lawyer ads)
Rights and Limitations of free press
• www.hippocampus.org
STOP
Numbered heads question: In groups answer the following…
If you were the Judge in a high-profile case which could cause harm
to those involved, what if any limits would you assign to the case
(based upon what you just learned)?
Do citizens and reporters have other rights?
• Right of access: result is “sunshine laws” and Freedom of Information Act
• Shield Laws: reporters don’t have to reveal their sources
• Executive Privilege: US v. Nixon: (1974) doesn’t apply in criminal cases
• Student Press: Hazelwood v. Kuhlmeier (1988) school paper not a public forum, therefore can be restricted
Obscenity•Not protected by 1st Amendment
•How is it measured?•Standards have become less strict
•“Community standards” by “reasonable person”•The Communications Decency Act declared unconstitutional
•Reno v. ACLU
Art?
Freedom of Religion•The Establishment Clause•“Congress shall make no law respecting an establishment of religion…”
•Government may not favor one religion over another
•A “wall of separation” between…•How high do we build this wall?• Engel v. Vitale (1962) : no school
prayer
Freedom of Religion• Lemon v. Kurtzman (1971):• Money for private schools?• Lemon Test established:• 1) Does it have a religious purpose?• 2) Does it advance or inhibit religion?• 3) Does it cause excessive
entanglement with government?• (if any above are present, considered
unconstitutional!)
Freedom of Religion•The Free-Exercise Clause•“nor prohibit the free-exercise thereof”
• People are not always free to act on their beliefs (ie. medical treatment)
• 1997: Court struck down Religious Freedom Restoration Act
• “Congress had stepped beyond their power of enforcement”
• Have been new provisions
How much religious freedom should the Amish be granted?
•In 1972 the Court ruled children do NOT have to attend school beyond 8th grade!•In 1982 Court ruled Amish CANNOT refuse to pay social security taxes•Balancing test applies: belief and practice•More restrictions on latter•Ex. No polygamy(officially) No human s.
The Right of Privacy• It wasn’t until the 1960’s that rights
OUTSIDE of the bill of rts. were addressed
• The 9th Amendment• The Supreme Court added privacy to
list of individual rights (implied)• Some issues involved in argument:• Roe v. Wade (1973) :• 1st term abortion Constitutional right• assisted suicide, birth control Protests on the heels of
Roe. When does life begin?
Rights of the Accused•No system of justice is perfect,
innocent people have been put away
•Procedural Due Process:•The process authorities must
follow before a person can be punished for an offense
•Congress guarantees a •writ of habeas corpus
Ow! You’re hurting my clown hands
!
Rights of the accused•These rights are spelled out in the
following amendments:•4th: no unreasonable search &
seizure•5th: no double jeopardy, no self-
incrimination, •6th: right to counsel, confront
witnesses, speedy trial, jury trial•8th: no excessive bails, fines, punish.
Selective Incorporation of Due Process•Procedural protections in the B of R had
applied only to the national govt.•States were not bound•1960s view changed- SC required states
to safeguard rights•“incorporated” protections by way of 14th
amendment •Began with •Mapp v. Ohio (1961)
Illegally obtained evidence not OK. Need a search warrant!
Two Cases involving Accused:•Gideon v. Wainwright•1963•Required the states to furnish attorneys for felonies
•Miranda v. Arizona•1966•Defendants in state proceedings cannot be witness against self
DVD clips, if time allows
Restricting Defendant’s rights• Changing the exclusionary rule:• Illegal evidence can be admitted if
errors are small or inadvertent• Police “probable cause” modified:
roadside checkpoints & passenger searches OK
• Habeas corpus appeals restricted• For errors, burden of proof • now on accused• (To prevent frivolous suits & speed-up)