Robert Campbell3/1/11

AP US Gov’tBlock 3

Chapter 4 Outline: Civil Liberties

Chapter Contents

  • The Bill of Rights
  • Freedom of Religion
  • Freedom of Expression
  • Freedom of the Press
  • The Right to assemble and to Petition to the Government
  • More Liberties under Scrutiny: Matters of Privacy
  • The Great Balancing Act: The Rights of the Accused vs. The Rights of Society
  • The Death Penalty

Civil liberties- Personal freedoms that are protected for all individuals. Civil Liberties typically involve restraining the government’s actions against individuals.

The Bill of Rights

Extending the Bill of Rights to State Governments

Although the Bill of Rights limited the power of the national government, it did not state anything about the states making laws that constrict civil liberties. It was not until after the 14th amendment that civil liberties began to apply to the states.

Incorporation of the 14th Amendment

Incorporation theory- The view that most of the protections of the Bill of Rights apply to state governments through the 14th Amendment’s due process clause.

Freedom of Religion

The Separation of Church and State

Establishment Clause- The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, the legality of allowing or requiring school prayers, and the teaching of evolution vs. intelligent design.

  • Generally, today’s Supreme Court has shown a greater willingness to allow the use of public funds for programs in religious schools than was true at times in the past. Ex: Aguilar v. Felton
  • Do the states have a right to promote religion? That is the question raised by school prayer. Ex: Engel v. Vitale
  • Another issue is whether the Ten Commandments may be displayed on public property. Some support this policy but others claim that this is unconstitutional.
  • A lot of religious organizations oppose the teaching of evolution, especially in the southern states. To these groups, evolutionary theory directly counters their religious belief that human beings did not evolve, but were created fully formed.

The Free Exercise Clause

Free exercise clause- The provision of the First Amendment guaranteeing the free exercise of religion.

  • In 1993, Congress passed the Religious Freedom Restoration Act. The act required national, state, and local governments for “accommodate religious conduct” unless the government could show there was a reason not to do so.

Freedom of Expression

No Prior Restraint

Prior Restraint- Restraining an action before the activity has actually occurred. When expression is involved, this means censorship.

  • Famous case concerning prior restraint: New York Times vs The United States

The Protection of Symbolic Speech

Symbolic Speech- Nonverbal expression of beliefs, which is given substantial protection by the courts.

The Protection of Commercial Speech

Commercial Speech- advertising statements, which increasingly have been given First Amendment protection.

Permitted Restrictions on Expression

  • When a person’s actions or speech create a clear and present danger to the peace and order of the public, they can be arrested.

Unprotected Speech: Obscenity

  • Many state and federal statutes make it a crime to distribute obscene materials. There have been some cases where the definition of “obscene” was disputed. Ex: Miller v. California, Osborne v. Ohio

Unprotected Speech: Slander

Defamation of character- wrongfully hurting a person’s good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.

Slander- The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of persons other than the defamed party.

Freedom Of the Press

Defamation in Writing

Libel- a written defamation of a person’s character, reputation, business, or property rights.

Actual Malice- either knowledge of a defamatory statement’s falsity or a reckless disregard for the truth

Public Figure- A public official, movie star, or other person known to the public because of his or her position or activities

A Free Press vs. A Fair Trial: Gag Orders

  • The 6th amendment guarantees the right of criminal suspects the right to a fair trial. The 1st amendment guarantees freedom of the press. These two rights often conflict. Ex: Nebraska Press Association v. Stewart

Gag order- an order issued by a judge restricting the publication of new about a trial or a pretrial hearing to protect the accused’s right to a fair trial.

Films, Radio & TV

  • Radio and television broadcasting have the least 1st amendment protection. The national government established the FCC (Federal Communication Commission) to regulate these programs. No one has a right to use the airwaves unless they have a license granted by the FCC.

The Right to Assemble and to Petition the Government

The 1st amendment prohibits Congress from making any law that abridges “The right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Ex: Smith vs. Collin

More Liberties Under Scrutiny: Matters of Privacy

Unlike all these other rights, a person’s right to privacy is not mentioned in the Constitution. Since the attacks on 9/11, government regulation on communications have been the subject of a large debate: To what extent should Americans sacrifice privacy rights in the interest of national security?

Privacy Rights in an Information Age

  • Under the Privacy Act, every citizen has the right to obtain copies of personal records collected by federal agencies to correct inaccuracies in such records.

Privacy Rights and Abortion

  • In 1973, performing an abortion at any time during pregnancy was made a criminal offense in a majority of the states. Ex: Roe vs. Wade

Privacy Rights and the “Right to Die”

  • In 1990, the Supreme Court stated that a patient’s life-sustaining treatment can be withdrawn at the request of a family member only if there is “clear and convincing evidence” that the patient did not want such treatment.

Privacy Rights vs. Security Issues

The USA PATRIOT act- an act passed by George W. Bush that allowed the National Security agency to eavesdrop on telephone calls and peruse emails & websites a person may have visited or used if they are a suspected terrorist. Many organizations including the ACLU have opposed this act because they deem it as an unconstitutional violation of a person’s right to privacy.

The Great Balancing Act: The Rights of the Accused vs. the Rights of Society

Rights of the Accused

  • The 4th amendment protects people from unreasonable searches or seizures.
  • The 5th amendment states that an accused person has the right to remain silent.
  • The 6th Amendment states that a person must be informed of the reason for their arrest, the right to a fair & speedy trial, the right for an attorney, and the right for an impartial jury.

Habeas Corpus- an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held.

Arraignment-the first act in a criminal proceeding, in which the defendant is bright before a court to hear the charges against him or her and enter a plea of guilty or not guilty.

Exclusionary Rule- a policy forbidding the admission at trial of illegally seized evidence.

The Death Penalty

Cruel and Unusual Punishment?

  • Under the 8th amendment, cruel and unusual punishment is prohibited. Whether the death penalty is cruel and unusual punishment continues to be debated.

Compared to others this seems a little light----also missing text citation and group members