Political Science American Government and

Politics Today

Chapter 4 Civil Liberties

4-1

Civil Liberties versus Civil Rights

• civil liberties involve restraining the government’s action against individuals

• civil rights are rights all individuals share as provided for in the 14th amendment, which guarantees equal protection under the law

4-2 Incorporation the Bill of Rights into the FourteenthAmendment

4-3

Freedom of Religion

• Separation of Church and State• comes from the 1st amendment• establishment clause• Everson v. Board of Education

(1947)

4-3

Freedom of Religion-(cont.)

• Contemporary Conflicts:• state aid to church-related schools• school voucher programs• prayer in schools• teaching evolution• Free Exercise• comes from the 1st amendment

4-4

Freedom of Expression

• Permitted restrictions– speech that presents a “clear and

present danger”– speech that might lead to some “evil”

(the bad tendency rule)

• Protected speech– commercial speech– symbolic speech

4-4

Freedom of Expression-(cont.)

• Unprotected speech– obscenity– slander– fighting words and heckler’s veto

4-6

Freedom of the Press• press has some protection from libel

charges• libel must be accompanied by actual

malice• the press is now protected from gag

orders during trials, except in unusual circumstances

• radio and t.v. have much more limited 1st amendment protections– they are subject to the equal time rule– they are subject to the personal attack rule

4-7

The Right to Assemble and Petition the

Government

• protected by the 1st amendment• can be limited by municipalities

right to offer permits for marches• has been tested by anti-loitering

ordinances aimed at reducing gangs from congregating

4-8

Privacy Rights and Abortion

• no explicit right to privacy in Constitution

• Griswald v. Connecticut (1965) -- Supreme Court rules that privacy rights exist– come from the 1st, 3rd, 4th, 5th and 9th

amendments

• Roe v. Wade (1973) court rules that privacy rights include abortion rights

• the Court has taken on a more restrictive view of the rights outlined in Roe.

4-9

Rights of the Accused versus the Rights of

Society• Limits on Conduct of Police

Officers and Prosecutors• Defendant’s Pre-Trial Rights• Trial Rights• Miranda Rights• Videotaped Interrogations• Exclusionary Rule• the death penalty