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Civil Rights and Civil Liberties
Transcript of Civil Rights and Civil Liberties
Search and Seizure
Attorney and Speedy Trial Freedom of Speech
Freedom of the Press
Freedom of Assembly
Freedom of Religion Cruel and Unusual Punishment
The Right of American Privacy The Extension of Civil Liberties through American History
Barron v. Baltimore (1833) the supreme court determined that the bill of rights restricted the national government but did not restrict the State government.
The Court has used selective incorporation to apply the bill of rights on a case-by-case basis.
Rights not incorporated which allows restrictions to be made by states:
The Second Amendment
The Third Amendment
The Fifth Amendment
The Seventh Amendment
The Eighth Amendment The first amendment guarantees freedom of speech, press, petitioning the government, assembly, and religion. None of these rights are absolute. Scheck v United States (1919) - Speech that creates or evokes a clear and present danger is not given permission
Gitlow v New York (1925) - Speech could be restricted if it has a tendency to create illegal action
Tinker v Des Moines (1969) - The court decided it unconstitutional to remove the students constitutional rights at school.
Bethel School District v Fraser (1986) -gave authority to public school officials so that they can suspend students for inappropriate speech.
Hustler Magazine v Falwell (1988) - The court decided that intentional infliction of emotional distress was allowed by the First Amendment as long as the speech was about a public official and did not distort the actual facts
Texas v Johnson (1989) - established that burning the American flag is an allowed example of free speech and struck multiple anti-flag burning laws
Morse v Frederick (2007) - known as the "Bond Hits 4 Jesus" case. The case limited students’ free speech rights. The court upheld the students suspension by saying that the free speech rights were not violated.
Citizens United v Federal Election Commission (2010) - Case established that corporations could support political candidates for Congress and president based on the First Amendment. Freedom of Speech The Court follows the preferred position doctrine to determine the limits of free speech.
Speech is a liberty, so limits must be something that is a threat or offensive. Important Cases
Near V. Minnesota (1931)- Selectively incorporates freedom of the press and prevents prior restraint
NY Times v. Sullivan (1964)- When a newspaper prints a false article in spite of the newspaper thinking its true at the time, it is not libel.
NY Times v. US (1971)- prohibited the publication of the leaked information. prior restraint.
Miller v. California (1973)- established three-part obscenity test
Would the average person, applying community standards, judge the work as appealing primarily to people’s baser sexual instincts?
Does the work lack other value, or is it also of literary, artistic, political, or scientific interest?
Does the work depict sexual behavior in an offensive manner?
Hazelwood School v. Kuhlmeier (1988)- School authority can regulate free speech in student ran newspapers Freedom of Press The press is free to print what they want as long as it does not infringe on any laws.
some states enacted shield laws to protect reporters in state cases Important Cases Freedom of Assembly and Association Government also can not restrict the number or type of groups as long as they don't threaten national security. The government allows people to assemble peacefully.
The assembly must not disrupt day-to-day activities.
The government may place reasonable restrictions on gatherings and assemblies as long as they are applied to all assemblies and gatherings. Freedom of Association Thornhill v. Alabama (1940)- Strikes held by union groups are not unlawful.
Cox v. New Hampshire (1941) Towns can require parade permits in the interest of public order.
Lloyd Corp. v. Tanner (1972) Owners of malls can throw out protesters because malls are private spaces and not public.
Boy Scouts of America v. Dale (2000)- BSA is allowed to expel and remove membership based on sexual orientation. Important Cases Freedom of Religion The right to free exercise of religion
•The Establishment Clause prevents the gov from establishing a state religion
-Engel v Vitale (1962)- prohibited state-sponsored recitation of prayer in public schools
-Abington School Dist. V. Schempp (1963)- decided that the Establishment Clause and the 1st Amendment forbids state-mandated reading of the Bible or Lord’s Prayer in public school
-Epperson v. Arkansas (1968)- prohibited states from banning the teaching of evolution in public schools
-Lemon v Kurtzman (1971)- dealt with state laws intending to give money to religious schools or causes
established the Lemon Test (3 part test)
Does the law have a secular, rather than religious, purpose?
Does the law neither promote nor discourage religion?
Does the law avoid “excessive entanglement” of the government and religious institution?
-Wisconsin v. Yoder (1972)- dealt with Amish community’s desire to pull their children from public schools before the age of 16
-Employment Division v. Smith (1990)- states can accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so Important Cases Weeks v. United States (1914)- established the exclusionary rule, which held that illegally obtained evidence could not be used in federal court
Powell v. Alabama (1932)- ruled that state governments must provide counsel in cases involving death penalty to those who can not afford it
Betts v. Brady (1942)- established that state governments did not have to provide lawyers to indigent defendants in capital cases
Mapp v. Ohio (1961)- extended the exclusionary law to the states
Gideon v. Wainwright (1963)- holds that all state governments must provide an attorney in all cases for those who can’t afford one
Escobedo v. Illinois (1964)- held that any defendant who asked for a lawyer had to have one granted to him-- or any confession garnered after that point would be inadmissible in court
Miranda v. Arizona (1966)- defendants must be warned of all their legal rights before they are arrested •fundamental protection against government abuse of power The Rights of the Accused Important Cases Protection from Self Incrimination Miranda Rights
Created after the case of Ernesto Miranda who pleaded guilty before the trial and his lawyer protested he was not told of his constitutional rights
The quote that officers of the law must repeat as they make an arrest. Constitution protects individuals from self-incrimination. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." Protection from Unreasonable Search and Seizure The 8th amendment states that excessive bail shall not nor cruel and unusual punishments inflicted. Griswold v. Connecticut (1965) - the bill of rights implied the right to privacy.The 1st, 3rd, 4th, 5th, 9th, and 14th amendments combine to guarantee privacy
Roe v. Wade (1973) - Established national abortion guidelines by the implied right of privacy from Griswold v Connecticut
Webster v. Reproductive Health Services (1987)- Gave states more power to regulate abortion
Planned Parenthood v. Casey (1992)- Pennsylvania law that required women to notify their husbands about an abortion before doing. Laws for parental consent and imposition of a 24 hour waiting period were kept.
Lawrence v. Texas (2003)- Supreme Court stopped a law that criminalized homosexual sex in Texas, addressed before in Bowers v Hardwick 1986. Sexual conduct was protected under the 14th amendment. The fourth amendment protects a citizen from unreasonable search and seizure.
The probable cause requires a judge to issue a search warrant before the police can search a property for evidence. Any evidence found outside of the limits of the warrant are under the exclusionary rule where the evidence cannot be used as evidence in a trial.
objective good faith- search conducted under the assumption that it was legal
inevitable discover rule- evidence that would eventually be found legally is allowed in court
Rights to an Attorney and a Speedy Trial The 6th amendment assures the right to an attorney of the law and the right to a speedy trial Gideon v. Wainwright (1963)- ruled that the state must provide a lawyer for defendants that cannot afford one
Protection from Excessive Bail and Cruel and Unusual Punishment
Furman v. Georgia (1972)- looked at nationwide capital punishment decisions and found it to often be racist and arbitrary. Death Penalties were halted in the nation until a less arbitrary method of sentencing was found.
Woodson v. North Carolina (1976)- North Carolina tried to make the death penalty less arbitrary by making the death penalty mandatory for certain punishments. This was declared unconstitutional.
Gregg v. Georgia (1976)- Death penalty decided to not be cruel and unusual punishment. Death Penalties resumed in the nation.
Atkins v. Virginia (2002)- forbids execution of defendants that are mentally handicapped. Important Cases The Right of All Americans to Privacy The right to privacy is not mentioned in the constitution. Important Cases