Post on 10-Dec-2021
Chapter 5: Civil Liberties Chapter 5: Civil Liberties
The whole history of the progress of human liberty shows that all concessions yet made to her august claims have been born of earnest struggle. If there is no struggle, there is no progress. Those who profess to favor freedom, and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters.
Frederick Douglass
© Susan Holtz
© 2003 AP/ Wide World Photos
© Bob Kusel /SIPA
© 2004 AP/Wide World Photos
© A. Ramey/Woodfin Camp & Associates
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The Bill of RightsThe Bill of Rights
Colonists feared a tyrannical government.
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The Bill of Rights and State Governments
The Bill of Rights and State Governments
While the Bill of Rights protected the people from the national government it did not protect the people from state governments.
1868: the Fourteenth Amendment Incorporation Theory
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Freedom of ReligionFreedom of Religion
Separation of Church and State• Establishment Clause
1. Aid to church-related schools2. School vouchers3. School prayer—Engel v. Vitale4. Prayer outside the classroom5. The Ten Commandments6. Teaching evolution7. Religious speech
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Free Exercise ClauseFree Exercise Clause
Guarantees the free exercise of religion; restrained when religious practices interfere with public policy.
The Religious Freedom Restoration Act
Free Exercise in the Public Schools
© Joe Raedle/Newsmakers/Getty Images
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Freedom of ExpressionFreedom of Expression
No Prior Restraint
Protection of Symbolic Speech
Protection of Commercial Speech
Permitted Restrictions on Expression• Clear and Present Danger• Modifications: Grave and Probable Danger Rule
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© Hiroji Kubota/Magnum Photos
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Freedom of Expression (cont.)
Freedom of Expression (cont.)
Unprotected Speech• Obscenity• Pornography/Internet Pornography• Slander
Campus Speech
Hate Speech on the Internet
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Freedom of the Press Freedom of the Press
Libel• Public figures must meet higher standards than
ordinary people to win a libel suit.
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A Free Press Versus a Fair Trial
A Free Press Versus a Fair Trial
Gag orders: the right of a defendant to a fair trial supersedes the right of the public to “attend” the trial.
Films, Radio, and TVFilms, Radio, and TV
Freedom of the press is no longer limited to just the print media, though broadcast media do not receive the same protection as print media.
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(Bill Swersey/Getty Images)
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The Right to Assemble and Petition the Government
The Right to Assemble and Petition the Government
The Supreme Court has held that state and local governments cannot bar individuals from assembling. • Street gangs• Online assembly
(AP Photo/Evan Vucci)
The Right To Keep and Bear Arms?
The Right To Keep and Bear Arms?
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Click the icon to open the movieVideo Supplied by Motion Gallery
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Questions Questions Why is gun ownership the most controversial
right described in the Bill of Rights?
Did the framers of the Constitution intend to make the meaning of the Second Amendment ambiguous? Why or why not?
How do Robert Levy’s views straddle those of the right and the left on gun control?
QuestionsQuestions
Does the Court decision on gun ownership extend or restrict civil liberties?
Two big-city mayors provide their views on the ruling. Would the mayor of a small town feel similarly?
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Privacy RightsPrivacy Rights
There is no explicit Constitutional right to privacy, but rather the right to privacy is an interpretation by the Supreme Court.
From the First, Third, Fourth, Fifth, and Ninth Amendments.
1965: Griswold v. Connecticut
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Privacy Rights and Abortion
Privacy Rights and Abortion
Roe v. Wade
The controversy continues
(AP Photo/Pablo Martinez Monsivais) (AP Photo/Nati Harnik)
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Privacy Rights and The Right to Die
Privacy Rights and The Right to Die
Cruzan v. Director, Missouri Department of Health (1997)
Physician–Assisted Suicide
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Privacy Rights Versus Security Issues
Privacy Rights Versus Security Issues
Privacy rights have taken on particular importance since September 11, 2001.
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The USA Patriot ActThe USA Patriot Act
(Courtesy of ACLU.org)
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FBI Misusing Patriot ActFBI Misusing Patriot Act
Click the icon to open the movieVideo Supplied by Motion Gallery
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Questions Questions
Do you think the FBI has too much power? What is your opinion about privacy in this
country? Should more be done to protect our privacy?
Do you believe that giving up some privacy is a small price to pay to defend our country from the threat of terrorism?
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© 2003 AP/Wide World Photos
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Rights of the AccusedRights of the Accused
Fourth Amendment• No unreasonable or unwarranted search or seizure• No arrest except on probable cause
Fifth Amendment• No coerced confessions• No compulsory self-incrimination
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Rights of the Accused (cont.)
Rights of the Accused (cont.)
Sixth Amendment• Legal counsel• Informed of charges• Speedy and public jury trial• Impartial jury by one’s peers
Eighth Amendment• Reasonable bail• No cruel or unusual punishment
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The Bill of Rights and the Accused
The Bill of Rights and the Accused
Miranda v. Arizona
Exceptions to the Miranda Rule
© Laima Druskis/Photo Researchers, Inc.
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The Bill of Rights and the Accused (cont.)
The Bill of Rights and the Accused (cont.)
Video Recording of Interrogations• In the future, such a procedure might satisfy Fifth
Amendment requirements. The Exclusionary Rule
• This prohibits the admission of illegally seized evidence (Mapp v. Ohio 1961).
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The Death PenaltyThe Death Penalty
Is the death penalty cruel and unusual punishment or is it a useful method for dealing with the worst criminals?
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The Death Penalty TodayThe Death Penalty Today
34 states allow the death penalty.
Time Limits for Death Row Appeals
The 1996 Anti-Terrorism and Effective Death Penalty Act limits appeals from death row.
(AP Photo/Rich Pedroncelli)
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The Death Penalty Today (cont.)
The Death Penalty Today (cont.)
Recently, DNA testing has led to the freeing of about a hundred death row inmates who were wrongly convicted, throwing doubt on the death penalty.
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The States and the Death Penalty
The States and the Death Penalty
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Questions for Critical Thinking
Questions for Critical Thinking
What do you think is the historical basis for civil liberties? Are people as concerned today about the protection of their civil liberties as were the founders?
Do you think the libel laws restrict a free press? Should the press be allowed to publish anything it wants about a person?
Should the press have to prove that everything published is absolutely true?
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Questions for Critical Thinking
Questions for Critical Thinking
Would you support an interpretation of the Constitution that allows a physician to assist in facilitating the death of someone who chooses to die?
Where did the right to privacy originate? Why are the rights of the accused so important?
Is there any way to strike a balance between the rights of victims and the rights of the accused?
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Web LinksWeb Links
American Civil Liberties Union (ACLU)
The Freedom Forum
Judicial Watch
Supreme Court of the United States
U.S. Citizenship and Immigration Services
Washington Legal Foundation
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Web Links Web Links
First Amendment Center
Religion and the Founding of the American Republic (Library of Congress Exhibition)
U.S. Department of Justice-Preserving Life and Liberty
Bill of Rights Defense Committee