Transcript: The United States was founded on the idea that people have the right to liberties that are stated in the Bill of Rights. The judges within the courts and justice systems of our country must balance the need for public order and general security with the rights of individuals. The Bill of Rights was created to transform the abstract ideas of civil liberties into actual reality by law. First Amendment Protected against unreasonable bail or fines “Miranda warning:” “You have the right to remain silent…” Court does not protect from the death penalty or from a long prison term for a minor offense. does protect against death penalty for mentally ill and juveniles jury trial, not judge, decides death penalty Religion Protected from arrest without a probable cause Protected against double jeopardy The Right of Privacy Griswald v. CT (1965) American’s have the right to privacy It identified a “zone of [personal] privacy” that the government cannot infringe upon. Civil Liberties Anna Meyer, Dani Rosen, Joseph Guidi Protected Against Self Incrimination But not including the death penalty Limits on Defendants' Rights Sexual Relations Among Consenting Adults Guaranteed due process of law Fifth Amendment Bush Administration detained “enemy combatants” and dentied them legal provisions, lawyers or contact with family members until the president chose to release them after 9/11. Racial profiling: assumption that certain groups are more likely to commit particular crimes American Civil Liberties Union: 80% of MD motorists stopped were minorities in area where 75% of population was white. There may be no laws unreasonably restricting the freedom of John Locke argued that legitimate government could not inhibit free expression, religious or otherwise. First Amendment agrees and allows freedom of religion among other freedoms. Also falls under “free expression” Bowers v. Hardwick (1986) The right to privacy does not extend to homosexual acts among consenting adults. In Lawrence v. Texas (2003) Overruled 1986 ruling and kept the government fully "out of the US’s bedrooms". Sixth Amendment Eighth Amendment The Establishment Clause policy overturned 2006 with select exceptions Procedural due process: legal protections to preserve rights of individuals as required by Constitution. Must be followed before a person can legally be punished for an alleged offense. Habeas corpus: Article 1, Section 9- legal right to know the reason for detention Guaranteed prompt and reasonable proceeding Detention of Enemy Combatants Selective Incorporation of Procedural Rights Speech Surveillece of Suspected Terrorists Rights and the War on Terrorism Roe v. Wade (1973) giving women full freedom to choose abortion during the first three months of pregnancy. Planned Parenthood v. Casey (1992) upheld Roe v. Wade Laws have been passed banning specific types of abortion in specific states. Crime, Punishment, and Police Practices inmates cannot sue over inadequate prison conditions unless officials show “deliberate indifference” to situation. Press Well this is awkward... Searches and seizures allowed, for example, to protect public if done systematically. Roadblocks to check for signs of intoxication. Counsel: Right to be represented by an attorney Miranda v. Arizona (1966) Guaranteed Civil Liberties Freedom of Expression Freedom from Unusual Punishment Freedom from Unwarranted Arrest Freedom to a Fair Trial Because actual water boarding makes me feel uncomfortable... You get the idea exclusionary rule: legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example, illegal search and seizure) Freedom of Religion Abortion Patriot Act lowered the standard for judicial approval of wiretapping when terrorist activity was an issue NY Times (2005) revealed that Bush had authorized NSA to wiretap international calls/email originating in US speedy open trial impartial jury be informed of charges The Constitution The Free-Exercise Clause American’s are free to believe what they want but they are not always allowed to act on those beliefs. In 1987 the Supreme Court decided that creationism may not be taught in public schools. Some religious groups argue that this violates the freedom of religion described in Article I of the Bill of Rights. Assembly Forth Amendment States that the government may not favor one religion over another. Engel v. Vitale (1962) that struck down prayer in public schools. In 1963 Bible reading was struck down in private schools. In 2000 the neutrality towards religion by striking down student led prayer at public school football games. McCreary County v. American Civil Liberties Union (2005) struck down displays of the Ten Commandments on the walls of two Kentucky courthouses. Also, when faith based organizations would like to be provided with federal funds, tax dollars are not supposed to be used for faith based organizations. Protected from unreasonable search and
Transcript: Final Desicion The court declared that all prisoners in Michigan who committed crimes as children and were sentenced to life now have a right to parole. The court correctly held that the Michigan statute that condemns youth to life without parole violates the 8th Amendment's prohibition on cruel and unusual punishment. In Michigan, until the desicion of this court matter, the courts were allow to sentence juveniles to prison with life without parole. A few other states in the country had already adopted the Juvenile Justice Accountability and Improvement Act of 2009 which was adopted in June of 2009 American Civil Liberties Union and the ACLU of Michigan filed a lawsuit on behalf of nine Michigan citizens who were sentenced to life in prison without the possibility of parole for crimes committed when they were minors. Who was Involved Plaintiffs HENRY HILL, JEMAL TIPTON, DAMION TODD, BOBBY HINES, KEVIN BOYD, BOSIE SMITH, JENNIFER PRUITT, MATTHEW BENTLEY, and KEITH MAXEY, When & Where Why Hill v Snyder My opinion Civil Liberties Warren Johnson College Poli Sci 4B Mr. Petersen https://www.aclu.org/drug-law-reform-human-rights-racial-justice/hill-v-snyder https://www.aclu.org/human-rights_racial-justice/end-juvenile-life-without-parole http://www.leagle.com/decision/In%20FDCO%2020120112F45 http://il.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20070228_0000346.SIL.htm/qx The case started in 2011 The final verdict was reached on Sept. 24 of 2013 Bibliography Inside my family there has been a lot of problems with jail and laws, but if they were tried under Michigan's old law things wouldn't have happened. So the fact that they ruled it the way they did makes me personally happy. Defendants RICK SNYDER, RICHARD MCKEON, BARBARA SAMPSON, The court was held in Lansing Michigan
Transcript: Civil Liberties - rights to be free of government interference and oppression provided by Constitution - freedoms (speech, press, from arbitrary arrest, expression) Civil Rights - rights or privileges we have as citizens - to vote, to bear arms, receive equal treatment How have both Civil Rights and Civil Liberties changed since the creation of the Constitution? How these rights apply to states: Supreme Court granted Bill of Rights to states in Barron v. Baltimore in 1833 with an Article I exception (banned ex post facto and put in writ of habeus corpus) Essential for Civil War and addition of 14th Amendment 'No deprivation to any person of life, liberty, or property, without due process of law' Bill of Rights and Amendments have to be upheld and enforced by states for slavery to be illegal McCullough v. Maryland - solidified that federal government had final authority over state governments incorporation - a doctrine where the Supreme Court includes many parts of the Bill of Rights into restrictions on state government actions Supreme Court ruled that states needed to uphold federal standards "Represented the very essence of a scheme of ordered liberty" Freedom of Expression - evolved over time 1789 illegal to publish any false or malicious writing about the president or Congress 1918 illegal to say or write anything disloyal or promoting of an enemy 1950s censorship of books and movies for sex and four letter words (even adultry) Symbolic Speech - Supreme court was concerned that any action (even illegal ones) could be defended by symbolic speech murder, arson, could all be 'expressions' that people argue fall under the first amendment Destroying property that is of a government institution is different than destroying symbols of authority - black arm bands, flags, - vs. draft cards Cannot use words that incite others to commit illegalities or promote violent behavior - illegal to use language directly to promote a fight but only illegal if it is a direct provocation -abstract use of hateful speech is protected Obscenity - obscene materials not protected because they do not hold social value - appeal to sexual nature as opposed to political or literary regulated by states definition of obscenity is the issue Justice Potter Stewart 'I know it when I see it' 1977 Nazis won right to parade through Skokie, Illinois (largely Jewish population) court argued that the Nazis had constitutional right to speak and assemble peacefully Church and State unclear wording in official documents about this relationship The Free-Exercise Clause - Congress will make no law prohibiting 'free exercise' of religion Exercise of religion still must abide by other Constitutional expectations: no serious harm to others, infringement on rights, polygamy, etc.... Establishment Clause - Congress shall make no law 'respecting an establishment of religion' How are these in keeping with the concerns of the Framers? How would this cause conflict/interpretative differences? Congress interpreted Establishment clause to address fears about standardizing/requiring a national religion also furthered interpretation to suggest that government should not be involved in religion at all Wall of Separation - interpretation of establishment clause in First Amendment that prevents government involvement with religious practices Variety of court cases addressing and clarifying government involvement Zorauch v. Clauson (1952) - students get time off from public schools for religious instruction or practice Engel v. Vitale (1962) no praying in public schools Challenges: How do we define religion? How can the extend of religious practices effect our role as a citizen? occupation, voting, military etc... Supreme Court test to decide whether government involvement is constitutional it has a secular purpose its primary effect neither advances nor inhibits religion it does not foster an excessive government entanglement with religion This test continues to be challenged especially in regards to religious/cultural celebrations How could local governments be confronted with challenges in regards to this wall of separation more so than the Federal Government? Bibliography: http://www.pbs.org/wnet/need-to-know/the-daily-need/are-we-becoming-a-police-state-five-things-that-have-civil-liberties-advocates-nervous/12563/ http://www.supremecourthistory.org/history-of-the-court/chief-justices/john-marshall-1801-1835/ http://pointreyesvisions.com/NewFiles/R_NY_Pages/Burning_Draft_Card.html Libel - purposefully published material that defames and individual - actual malice Slander - Spoken instead of written Prior Restraint - courts will not allow government to restrain or censor in advance any speaking ro writing will allow after the fact for publishing libels or obscenity Preferred Position - right to free expression occupies a higher status and rights are placed in a ranking order
Transcript: what is the Miranda warning that resulted from the supreme court`s decision? Why is Giedon decision important to the American justice system ? Miranda told of his right to counsel, and he was not the Arizona Supreme Court emphasized heavily The Second Amendment right to keep and bear arms for self defense in one's home is the name of the formal warning that is required to be given by police in the United States to criminal suspects in police custody Giedon V. Wainwright a landmark case in United States Supreme Court history. based on the 14th amendment which amendment were cited by the supreme court? What two things did miranda argue he needed but did not receive at his Interrogation? For Aspects of policy warnings. Civil Liberties Why did the Acu want to see this test case go all the way to supreme court?
Transcript: First Amendment Freedoms The 1st amendment guarantees all people the right to express themselves in speech or in writing. The amendment guarantees this expression even if the words offend others. This freedom is meant to allow everyone to hear the opinions and ideas of others. Unalienable Rights Freedom of Speech and Press By Joey Meddings The Declaration of Independence and the Constitution of the U.S both talk about Unalienable Rights. Unalienable Rights are rights that are absolute. They cannot be surrendered. It is written in the Declaration of Independence "that all men are created equal, that they are endowed by their creator with certain unalienable rights, that are among these are Life, Liberty, and the Pursuit of Happiness..." CIVIL LIBERTIES The first amendment guarantees that Americans may worship as they choose, or not to worship at all. The first guarantee separate church and state, that is called the Establish Clause. It prohibits the support or promotion of religion or the establishment of an official religion in the U.S. The second guarantee is called the Free Exercise Cause. It guarantees the right to each person to believe what ever they want. THE END Freedom of Religon Template by Missing Link Images from Shutterstock.com
Transcript: The first amendment also tells the restrictions of freedoms of speech. The government tries to respect the people's privacy, but they still have to watch for terrorism. The Right to Privacy-5.6 Blue- Grolier Bill of Rights Freedom of the Press First Amendment Second Amendment Fifth amendment Privacy First Amendment Guarantees: Freedom of Religion -5.2 Green- Britannica Online Rights, Bill of First Amendment Freedom of Speech Second Amendment Fourth amendment Rights of Privacy The courts have methods and systems of trying suspects for jail. Towards Reform: Civil Liberties and Combating Terrorism- 5.7 Distrust of Armies Dred Scott v. Sandford Basic Right Personal Use Not infringed Self Defense Rights of citizens CIA Counter Intelligence The Fourth Amendment Due Process Rights Denied rights Held Against Will 8th Amendment Right to Privacy 14th amendment Roe v. Wade Don't Ask, Don't Tell Justifiable Fundamental Right The Rights of Criminal Defendants - 5.5 The Bill of Rights is an important document with the first amendment outlining religious freedoms. The Courts have special ways of conducting trials and those convicted. But sometimes, info collected can't be used because it infringes privacy. The next amendments deal with trials and their procedures. Ch. 5 Melissa Leslie Period 23 Chapter 5 Even with the rights to privacy, the government still needs to keeps watch for signs of terrorism. Freedoms of Speech and the Press Prior Restraint Slavery Clear and Present Danger Test Obsenity Protected Speech and Press Symbolic Speech Hate Speeches/crimes Non- abridged speech Unprotected Speech and Press Libel and Slander Fighting Words Freedoms of Assembly and Petition Speech and press Peaceful People have the right to privacy and the government can not infringe on it/ First Amendment Guarantees: Freedoms of Speech, Press, Assembly, and Petition- 5.3 The Second Amendment: The Right to Keep and Bear Arms - 5.4 The second amendment lays down the law on bearing and keeping arms. Federalists v. Anti. Federalists The First Amendment of the Bill of Rights outlines the Freedoms of Religion. Bill of Rights The Incorporation Doctrine: The Bill of Rights Made Applicable to the States Rights infringement Incorporation Clause Selective Incorporation and Fundamental Freedoms Fundamental Freedoms The Fourth Amendment Search and Seizures Reasonable 4th amendment Exclusionary rule Warrant; unless reasonable suspicion Fifth Amendment and Double Jeopardy Double Jeopardy Clause Miranda Rights Self- incrimination The Sixth Amendment and the Right to Council Lawyer Gideon v. Wainwright The Eight Amendment and Cruel and Unusual Punishment Punishment Torture First Amendment Establishment/ Free excise Clause The Establishment Clause Religion Lemon Test Church and State Separation The Free Exercise Clause free practice Roots of Civil Liberties: The Bill of Rights -5.1 This amendment tells the guarantees and the restrictions of speech. Bibliography The Second amendment outlines the restrictions on owning and using a gun. DNA testing
Transcript: Civil Liberties What is Civil LIberties? Civil Liberties is what protects humans' rights, it keeps the government from abusing their power over a U.S. citizen. For example one civil liberty is freedom of speech. Civil Liberties help? Civil liberties help by making sure a human is not terrorised. For example Civil Liberties is what helps so that a a police officer does not just break into your house and search for any illegal stuff, because they must have a search warrant. Civil LIberties Come IN Civil Liberties came in around 1787. It came from the Constitution. Civil Liberties improvement Everyday there is a little change in Civil Liberties that improve it just a little more. The U.S. is a free country and as long as we add Civil Liberties to make it an air tight government but still be free isn't the easiest thing to do. My personal opinion is that civil liberties help us get through our day and keep us safe, without civil liberties we might as well be like all the other countries. But we are not other countries... WE ARE THE U.S.!! THe END!! GOD BLESS AMERICA AND GOODBYE! hoped you enjoyed it. THE END! Hoped YOU enjoyed. We ARE THE U.S.! Fact: Police officers abuse Civil Liberties the most, as of now. Abuse of Civl Liberties Every day a polive officer abuses someone only because they can. But with Civil Liberties being improved police abuse is being reduced. I
Transcript: Civil Liberties, Civil Rights, and the Supreme Court: A Balancing Act Protection from arbitrary interference from government officials . An act of government designed to prevent arbitrary or discriminatory treatment Defense of Marriage Act United States v. Windsor What is a Civil Right? Cline v. Oklahoma Coalition for Reproductive Justice Riley v. California "Held: Section 4 of the Voting Rights Act is unconstitutional; its formula can no longer be used as a basis for subjecting jurisdictions to preclearance." Shelby County v. Holder What is a Civil Liberty? "DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment" The Voting Rights Act of 1965 Weighing the Needs of the Few Against the Needs of the Many Cases of Interest This Term
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