Civil Liberties

1st Amendment: Freedom of Expression

“Congress shall make no law

1st Amendment: Freedom of Expression

“Congress shall make no law respecting an establishment of religion,

1st Amendment: Freedom of Expression

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

1st Amendment: Freedom of Expression

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,

1st Amendment: Freedom of Expression

“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,

1st Amendment: Freedom of Expression

“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,

1st Amendment: Freedom of Expression

“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.”

Freedom of Expression(1st Amendment)Freedom of Speech

Our government depends on citizens being informed

Speech that is not protectedSpeech that creates a clear and present danger

or that incites violenceLibel (written) & slander (spoken)

false report meant to harm Sedition – speech that urges the overthrow of

gov’t

Freedom of Expression(1st Amendment)Symbolic Speech

Nonverbal communication, expression by conduct

Some is protectedPicketing outside during a strikeBurning an American Flag

Some is prohibitedBurning draft cards

Government MAY regulate the time, place, and manner that we express ideas; May NOT regulate content.

Freedom of Religion

Action vs. Thought

Freedom of Action vs. Freedom of Thought

Freedom of ReligionThe Establishment Clause

Prevents government from setting up official U.S. religion

Or declaring any religion illegal

“Separation of Church and State” NOT in Constitution, but in a letter of Thomas

Jefferson in 1802

Freedom of ReligionThe Free Exercise Clause

Protection to practice any religious beliefIf religious practices conflict with others rights

or disrupt order, they can be denied or punished

Constitution protects religious beliefs, not all practices

Freedom of ExpressionFreedom of AssemblyRight to Assemble

Must remain peaceful, especially when demonstrating

Tough balance between freedom to assemble and order in society

Right to AssociateFreedom to join groups / associations without

government interferencePrivate organizations do not have to accept

everyone who wants to associate with them.

Defendants’ RightsCriminal Justice personnel are limited by the Bill

of Rights (preserve individual rights)Failure to follow the rules usually invalidates a

convictionSearches and Seizures

Probable Cause to arrest a citizen or obtain a warrant, the officer

must have reasonable suspicion of a crimeExclusionary Rule

the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained

Defendant’s RightsBasic Rights during investigation:Arrest

Probable CauseSearch Automobile

Probable cause or “plain sight”Search home/office/etc.

warrant obtained from a judgeDrug testing

no warrant or probable causeWiretapping

must obtain a warrant

Defendant’s RightsDuring Trial:To be informed of the accusationTo call witnesses to testify for him/herTo be confronted with witnesses against

him/herselfTo have a lawyer

(unless you waive that right)Trial by jury

(unless you waive that right)Speedy trial

preliminary trial held within 100 days

Defendants’ RightsSelf-Incrimination

An individual accused of a crime is not legally required to be a witness against himself or herself in court.

Miranda rights (during interrogation)

Understanding Civil LibertiesCivil Liberties and Democracy

People need the right to express themselves.Courts continue to define the limits of civil

liberties.Civil Liberties and the Scope of Government

Must decide the line between freedom & order

Limits the scope of government