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Unit No.4 Civil Liberties

Targets 4.1 - 4.5

CIVIL RIGHTS & CIVIL LIBERTIES

Target 4.1

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AP U.S. Government Timpanogos High School

4.1 Competing Rights

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4.1 Define…

Civil Liberties = Those Constitutional provisions that protect the rights and freedoms of individuals. Rights that are grounded in the Bill of Rights ( amendments 1-10)

Civil Rights = Those rights that apply to historical oppressed groups (i.e. minorities) such as African Americans and Women. Rights grounded in the so called “Civil War” amendments (13-15), especially the due process and equal protection clause of the 14th amendment.

4.1 Security v. Liberty

How do we balance security & liberty?

Secrecy

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FREEDOM OF RELIGIONTarget 4.2

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. – Amendment I

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4.2 Establishment & Free Exercise Clauses

Religion

Establishment clause

• “Congress shall make no laws respecting an establishment of religion...

Free Exercise clause

• ...nor prohibiting the free exercise thereof.”

Separation of Church and State

4.2 Freedom of Religion

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Everson v. Board of Education (1947) Reimbursing parents for busing to parochial schools is a “non-religious” activity

Engle v. Vitale (1962) Prohibits prayer in school even if its voluntary

4.2 Freedom of Religion

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4.2 Freedom of Religion

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Lemon v. Kurtzman (1971) Lemon test

• secular purpose• primary effect neither advances nor inhibits religion

• no excessive government entanglement

Employment Division v. Smith (1990) Religion cannot be used to avoid compliance with valid law

FREEDOM OF EXPRESSIONTarget 4.3

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4.3 Speech

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Two kinds of speech:

Pure speech and symbolic speech

Speech that can be restricted:

Seditious speech

Defamatory speech

Obscenity

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4.3 Sedition

Alien and Sedition Acts (1798)

Crime to utter or publish “any false, scandalous, and malicious writing” against government officials

Espionage and Sedition Acts (1917-18)

Espionage Act: Crime to do anything to impede the efforts of the U.S. military. Also, spying in time of war is considered a capital crime

Sedition Act: Cannot utter or write any “disloyal, profane, scurrilous, or abusive” statements against the U.S. form of government or the Constitution, or anything intended to incite resistance to U.S. war efforts

4.3 Sedition

The Smith Act (1940) Crime to willfully advocate the

overthrow of the United States government

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AP U.S. Government Timpanogos High School

4.3 Sedition

Schenck v. United States (1919)

Convicted under the Espionage Act

Clear and present danger test

• “The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” –Justice Oliver Wendell Holmes, Schenck v. United States

4.3 Selective Incorporation

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Gitlow v. New York (1925) Est. the “Dangerous Tendency” doctrine.

Opened the door for incorporation

Palko v. Connecticut (1937) Freedom of speech and thought are “Fundamental”

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4.3 Sedition: Beliefs v. Actions

Belief………….Action (1950’s)

Brandenburg v. Ohio (1969)

Imminent lawless action

4.3 Sedition – Review

Outline the trend of the Court regarding sedition using the cases below :

Schenck … Gitlow … Palko … Yates … Brandenburg

separate but equal | clear and present danger | imminent lawless action | action v. belief | the lemon test | dangerous tendency | thought and speech are fundemental

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AP U.S. Government Timpanogos High School

4.3 Prior Restraint

New York Times v. United States (1973)

Freedom of the press and national security

The Pentagon Papers

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4.3 Defamatory Speech

Libel and Slander

Must be false Must be damaging Public figures...

• Actual Malice (New York Times v. Sullivan 1964)

4.3 What is Obscene?

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AP U.S. Government Timpanogos High School

4.3 Obscenity

Miller v. California (1973)

Test: “average person applying

contemporary community standards”

“Patently offensive”

“Lacks literary, artistic, political, or scientific value”

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4.3 Symbolic Speech

Tinker v. Des Moines (1969)

Texas v. Johnson (1989)

SEARCH & SEIZURETarget 4.4

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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - Amendment IV

Search and seizure

Unreasonable

• Reasonable suspicion

• Probable cause

Search Warrants

Exclusionary rule

4.4 Search & Seizure

4.4 Fourth Amendment

What are your rights? In School?

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Cops & Coyotes

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4.4 Search & Seizure

Mapp v. Ohio (1961)

Established the exclusionary rule

Good Faith Exception

Katz v. United States (1967)

“Fourth amendment protects people, not places”

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4.4 Search & Seizure

Technology and the Fourth Amendment

Kyllo v. United States (2001)

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4.4 Post 911

Post 9-11

The NSA (Spy Factory Trailer)

NSA Spying on American Citizens

Bush Defends Warrantless Wiretapping

4.4

RIGHTS OF THE ACCUSEDTarget 4.5

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AP U.S. Government Timpanogos High School

4.5 Fifth Amendment

Capital crime = Grand Jury

Double Jeopardy

Self incrimination

Due Process

…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.- Amendment V

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4.5 Self Incrimination

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4.5 Sixth Amendment

Public and speedy trial

Informed of accusations

Confront accusers

Cross examination

Compulsory means for obtaining witnesses

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense..- Amendment VI

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4.5 Eighth Amendment

Cruel and unusual punishment

Furman v. Georgia (1972) Gregg v. Georgia (1976)

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