Civil Liberties
Civil liberties are…
Specific individual freedoms that are constitutionally protected against infringement by govt
“Selective Incorporation”
What is it?
Judicial doctrine that incorporates certain Bill of Rights protections into the 14th Amendment to allow federal courts to prevent states from infringing on those rights.
Freedom of Expression
Includes:
actual speech (spoken or written)
symbolic speech
association and assembly
Allows citizens to:
-influence the government and other citizens
-act to protect other rights
Freedom of the Press
Standard is “No Prior Restraint” (New York Times v. US, 1971)
Ø In general, courts will not allow the government to stop things from being published (although some national security exceptions)
Ø But can be held accountable for what is published
Obscenity
§ Is not protected
§ Is difficult to define
Freedom of Religion
The “Establishment Clause”
The Right of Privacy
Griswold v. Connecticut (1965)
Constitution suggests an “underlying right of privacy”
Was the basis for Roe v. Wade (1973) which legalized abortion
The Rights of The Accused
Rooted in 14th amendment’s “Due Process of Law” clause
• usually procedural safeguards
• 4th, 5th, 6th, 8th amendments
The “Exclusionary Rule”
Bars the use of evidence obtained in violation of 4th amendment protections (Mapp v. Ohio, 1961)
Police need:
Suspicion of wrongdoing (probable cause)
Warrant or other offense that allows search
By a 7-to-0 vote the United States Sentencing Commission, the agency that sets guidelines for federal prison sentences, lightened punishments retroactively for some crimes related to crack cocaine, a decision that could eventually affect about 19,500 inmates and mean freedom for some within months.
Rights and the War on Terrorism
In Times of War, Courts are more permissive
• Lincoln and Civil War
• World War II and internment of Japanese Americans
Courts have ruled that: