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Transcript of Civil Liberties
2) Freedom of Religion
3) Rights of Accused/Procedural Due Process
1) Freedom of speech/press
Civil Liberties: basic rights and freedoms
guaranteed through the Constitution as protections
against the gov't
1) In the Articles (originally included)
can't suspend habeas corpus
no ex post facto
no bill of attainder
no religious test for office
Hamdi v Rumsfeld
person can't be held without charge
(seeing a judge),
even if an enemy combatant.
expanded individual rights through the 14th amendment
Barron v. Baltimore
fishing wharf. gov't took his land
selective incorporation -- Bill of Rights only applies to N gov't
- BoR originally written to restrict power of N gov't (states already had own)
Gitlow v. New York
wrote a Left Wing Manifesto
~ (free press)
~ established incorporation doctrine
- SCOTUS made BoR applicable to states through 14th amendment
4) Court Decisions
the court (through judicial review)
expands/limits the freedoms in the Constitution
The specific freedoms in the Bill of Rights:
4) Right to Privacy / Substantive Due Process
Schenck v. US
Clear and Present Danger Test
- free speech is NOT absolute
- Congress can prevent speech in circumstances where there is a clear and present danger to others
Schenck mailed anti-draft pamphlets telling others to avoid the draft
Miller v California
Miller Test for Obscenity
Miller sent mail to random people promoting adult materials
Is it offensive to the average person?
Does it lack artistic, scientific, or literary value?
Bethel v Fraser
NY Times v Sullivan
public figures can't sue for defamation unless press is purposely malicious and false.
using actions and symbols to convey ideas rather than words
Tinker v Des Moines
Texas v Johnson
Morse v Fredrick
: attempt to limit free press by preventing material from being published.
Schools DO have the right to limit free speech if it is explicitly vulgar
Matthew Fraser gave a speech at school filled with sexual innuendos ("firm in his pants")
You do have the right to symbolic speech at school as long as it is not disruptive or violates established school policies
Symbolic speech is protected under
the 1st Amendment
Johnson burned an American flag to protest Reagan administration. He was tried for violating Texas law against flag desecration.
Fredrick held up a banner at a school parade saying
It is okay to limit symbolic speech at school if it is vulgar or inappropriate
wall of separation
the government can't establish
or prefer any religion
Engel v Vitale
school sponsored prayer is not allowed in school
(even if it is non-denominational)
Lemon v Kurtzman
Near v Minnesota
established that gov't does not have prior restraint
West Virginia v Barnette
Free Exercise Clause
the guarantee to freely exercise
your religious practices
Wisconsin v Yoder
Oregon v Smith
Reynolds v US
Lukumi Babalu Aye v Hialeah
can't entangle the gov't and religion when giving money to parochial schools
it is okay not to salute the flag for religious reasons.
Amish family can remove child after 8th grade based on religious practices
the gov't can intervene when religious practice breaks the law
gov't can intervene when practice violates law (state or federal)
polygamy (multiple wives)
gov't can't intervene when practice doesn't violate laws
animal sacrifice for religious ceremony
Jay Near wanted to publish article about local officials being "Jewish gangsters"
Sullivan accused of talking poorly about MLK Jr.
NY Times wanted to publish article
NY mandatory prayer at school
govt money to religious schools
pledge to the flag (Jehovah's witness)
smoked peyote, worked at Drug Rehab center
procedural due process
requires government officials to follow fair procedures before depriving a person of life, liberty, or property.
SEARCH AND SEIZURE
Mapp v Ohio
illegally obtained evidence can't be used against you
looking for fugitive. no warrant.
found a briefcase of pornography
New Jersey v TLO
right to search you/property at school
TLO got caught smoking in the bathroom. Principal searched her purse and found rolling papers, lots of $, and orders for drugs.
Washington v Chrisman
Plain view law
law enforcement officer may search without a warrant if evidence of criminal activity or the product of a crime can be seen without entry or search.
Chrisman was drinking on campus. When he went with cop to dorm to get ID, the cop saw the roommate with LSD and other drugs.
Miranda v Arizona
Gideon v Wainwright
CRUEL & UNUSUAL PUNISHMENT
Furman v Georgia
Gregg v Georgia
substantive due process: right to personal life free from govt intrusion (3rd, 4th, 5th) *especially home and privacy*
Griswold v Connecticut
Roe v Wade
Planned Parenthood v Casey
Miranda accused of kidnapping and rape. He was interrogated for 2 hours & signed confession.... but wasn't told about right to counsel.
protection from self-incrimination
Right to counsel
state must provide lawyer for felonies if you can't afford one
Gideon was charged with burglary. Gideon asked for a lawyer because he couldn't afford one. He was denied and had to represent himself (he lost).
Death penalty unconstitutional if applied unequally
While Furman was robbing a house the owner woke up. Furman tripped and accidentally killed the homeowner.
death penalty is not cruel and unusual punishment
Gregg committed armed robbery and murder. He was sentenced to death.
Griswold (Planned Parenthood) gave birth control to married couples. Arrested for violating CT law that criminalized preventing conception.
Right to Privacy
1st, 3rd, 9th amendments
allow for a
"zone of privacy"
Right to privacy extended
to women's body
Right to abortion
Roe tried to fake rape to get legal abortion. Then went to get illegal abortion, but place shut down. She sued for right to decisions about her body.
Right to abortion
state can put limits, as long as it doesn't place undue burden on the right
law requiring 24 hour wait, informed consent, & parent
permission for minor okay. Requiring women to notify man was not.
students wanted to show support for a truce in Vietnam. They wore a black armband and were sent home from school.
search & seizure
search & seizure
search & seizure