Civil Liberties

Chapter 10

Protecting Constitutional Rights

Section 1

The Bill of Rights

• The first ten Amendments of the Constitution• To win ratification of Constitution, Federalists agreed to

add bill of rights as soon as new national government met– James Madison began drafting amendments– Some feared listing individual rights might imply

government would protect only those rights• Ninth Amendment-Just because some rights are not listed

does not mean people do not have those rights.• December 1791: 10 amendments became part of

Constitution (2 years after the Constitution was ratified)

The Bill of Rights cont…

• Civil liberties- basic freedoms to think and to act that all people have.

• Civil rights- rights of fair and equal status and treatment.

Limits in Civil Liberties

•Personal freedoms can be limited when one person’s exercise of a freedom harms another person

Civil Liberties and the Fourteenth Amendment

AKA The Second Bill of Rights

• Bill of Rights aimed at limiting the NATIONAL government. – Example: First Amendment: “Congress shall make

no law…”• Fourteenth Amendment has allowed the court

to apply the Bill of Rights to the STATES as well.– Mainly because of two clauses:• “Due process clause”• “Equal protection clause”

• Due process clause of the 14th Amendment:– “...nor shall any STATE deprive any person of life,

liberty, or property without due process of law.”• Equal protection clause:– “…nor deny to any person within its (states’)

jurisdiction the equal protection of the laws.”• Incorporation doctrine-holds that the Bill of

Rights is also applied to the states

First Amendment Freedoms

Section 2

The First Amendment- 5 Rights1. Freedom of Religion- has two parts: the establishment clause

and the free exercise clause2. Freedom of Speech3. Freedom of the Press4. Freedom of Peaceful Assembly5. Freedom to Petition the government

The Establishment Clause

• Establishment clause declares that government cannot take actions to create official religion or support one religion over another

• Thomas Jefferson called for a “wall of separation between church and state”

• Supreme Court interpretation of the clause deal with state financial support of religion, school prayer, and government-supported religious symbols.

• Rulings have been inconsistent

Public Displays

Take notes for yourself in this section from page 286.

Religion and Education

• First Supreme Court case exploring limits of establishment clause based on educational issues

• Two of the most significant cases: Engel v. Vitale and Lemon v. Kurtzman

• Engel v. Vitale (1962): Court said public school prayer violated establishment clause even though it was not based on specific religion

• Engel v. Vitale such practices.

The Lemon Test

• Established by Lemon v. Kurtzman (1971)• Test for deciding whether government is

improperly involved with religion• The government's action must: – have a secular legislative purpose; – neither advance or inhibit religion; – not result in an "excessive government

entanglement" with religion.

Free Exercise Clause

• Free exercise clause guarantees each person right to hold any religious beliefs they choose

• Government cannot tell person what he/she must believe

• However, actions based on those beliefs may sometimes be limited.

Free Exercise Cases

• Oregon v. Smith (1990): government can punish illegal drug use even if drug use part of religious practice

• Reynolds v. United States (1878): Court ruled government could ban Mormon practice of polygamy

Freedom of Speech and of the Press

Amendment I - “Congress shall make no law… abridging the freedom of speech…”

• Speech is classified as expressive and symbolic.– Example of Symbolic

speech: burning an American flag

• Texas v. Johnson (1989)– Burning an American flag

is protected speech.

Limits on Speech and of the Press• Government can limit obscene material.• False advertising also outlawed• Speech can be limited if it creates a “clear-and-present

danger” (Schenck v. United States)• Constitution does not protect defamation, false

statements that harm another person

–Slander: spoken defamatory statement–Libel: defamation in print

• Individuals can sue for libel or slander.– Must prove a statement was false, and harming to

character – Much more difficult for public officials to win a law

suit.• Must be proved that statement was made with “actual

malice” (statement was known to be false)– New York Times v. Sullivan

•Government may limit First Amendment freedoms in name of national security, to prevent treason, sedition

•Treason: crime of making war against United States or giving “aid and comfort” to its enemies

•During wartime certain speech or writings may be treasonous, such as publishing information about location, tactics of American forces

•Sedition: legal term for speech, actions that inspire revolt against government

Freedom of Assembly• People can hold protests as long as it is

peaceful

Protecting Individual Liberties

Section 3

Second Amendment: The Right to Bear Arms

• 1939, United States v. Miller (1939): Court upheld law placing restrictions on possession of some types of guns often used by criminals• This is why we cannot own certain types of weapons

• Heller v. Washington D.C. • Court struck down a law banning handguns in D.C.

Third Amendment

Troops cannot be quartered in someone’s home without their

consent

Fourth Amendment

• Protection from unreasonable search and seizures.• A warrant is required for a search of someone’s

home• Search warrant: (an order from a judge authorizing

the search of a place and describing what is to be searched and seized)– judge can issue only if there is probable cause

• Exclusionary rule: Illegally gathered evidence cannot be used in a trial.– Weeks v. United States– Mapp v. Ohio has applied the exclusionary rule to

the states.

Exceptions to the Fourth

• Warrant not required for the following:– Things in plain view– If a lawful arrest takes place, the police can search/seize:

• The individual being arrested• Things in plain view• Things or places under the immediate control of the individual

– Exigent circumstances (emergencies)– Cars (still need probable cause)– Officers can frisk a person without a warrant (Terry search)– Schools (“reasonable suspicion”- lesser standard than

probable cause).

Exceptions to the Fourth cont…

• New Jersey v. T.L.O. (1985)– School officials can search a student suspected of

violating school policy as long as they have a “reasonable suspicion” of wrong-doing.

• USA PATRIOT Act gave law enforcement agencies more freedom to search telephone, e-mail communications, business, medical, library records

• 2007: parts of act struck down; gave officials too much power to search phone, Internet records without court oversight

The Right to Privacy

• The right to privacy is NOT mentioned in the Constitution.

• However-Court has said it is IMPLIED in certain amendments– 3rd Amendment- Quartering of troops in homes– 4th Amendment- Protection from unreasonable search

and seizures.– 5th Amendment- The right to remain silent.– 9th Amendment- Unenumerated rights

• Court has said these created “zones of privacy”

• Implied right to privacy used as the basis in:• Griswold v. Connecticut (1965) State laws against

contraceptives are unconstitutional on the basis of an implied right to privacy in the Constitution.– First time the right to privacy was employed

• Roe v. Wade (1973)– State laws against abortion are unconstitutional on

the basis of an implied right to privacy in the Constitution.

Due Process

• “Cannot be deprived of life, liberty, or property without the due process of law.”– Fifth Amendment- National Government– Fourteenth Amendment- States

• Procedural due process– Certain procedures must be followed before punishing person

• Substantive due process• concerns whether laws themselves are fair and just• Based on idea that people have rights that cannot be taken

away, even by laws passed properly

Crime and Punishment

Section 4

Types of Law

• Law usually classified into two categories – Civil law covers private disputes between people

over property or relationships• Ex. To sue someone; or custody battles.

– Criminal law is a system for dealing with crimes and punishments• People who violate criminal law may be fined,

imprisoned, even executed

• Civil law case called lawsuit; plaintiff brings suit against defendant, seeking damages, compensation

• Alternative dispute resolution sometimes sought rather than trial; mediation, arbitration, negotiation

Criminal Law Processes

• Fifth Amendment: Must be indicted by a grand jury for most federal crimes– Grand jury: 16-23 citizens• Not a typical trial jury• Only looks to see if there is enough evidence to

formally charge someone with a crime– That charge is called an indictment.

• Grand juries not usually necessary for state-level proceedings.

Jury Trial Process

• Jury Selection comes first– Defense and prosecution collectively select.

• Prosecution and defense each offer evidence and witnesses

• Judge or jury decides case• Either side may appeal decision to higher court• If guilty, sentencing takes place at a separate

hearing.

Rights of the Accused

• Habeas Corpus (Art. I, sect. 9)– legal order requiring imprisoned person to be

brought before court so judge may determine whether or not imprisonment is legal

• Fifth, Sixth, Seventh, and Eighth list most of the others.

Fifth Amendment

• Person can only be tried for a crime when indicted by a grand jury.

• Protection from double jeopardy (can’t be tried for same crime twice).

• Protection from self incrimination– Do not have to testify against yourself– AKA the right to remain silent

• Cannot be deprived of life, liberty, or property without due process of law.

Miranda v. Arizona (1966)

• Requires police to read “Miranda warnings” to suspects

• list of constitutional rights: – right to remain silent (5th); anything they say may

be used against them in court; – right to have attorney (6th); court-appointed

attorney provided if they cannot afford attorney• Police failure to advise of Miranda rights may

result incase being dismissed.

Sixth Amendment

• Right to a speedy trial by an impartial jury.• Defendant must be informed of charges

against him/her.• Defendants have the right to question their

accuser and the witnesses against him/her.• Defendant has the right to call their own

witnesses.• Right to counsel.

Gideon v. Wainwright

• Sixth Amendment: right to an attorney • Gideon case: Defendants must be provided

with an attorney if they cannot afford one.• Remember: Miranda warnings only inform

people of their rights. – The rights themselves come from other

Amendments and cases such as Gideon.

Seventh Amendment

• Right to trial by jury in civil cases.

Eighth Amendment

• Protection against excessive bail and fines.• Protection from cruel and unusual

punishments.