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Civil Liberties

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michelle ashmore

on 23 October 2017

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Transcript of Civil Liberties

Where in the Constitution?
Freedom of Religion
Rights of Accused
Freedom of speech
Civil Liberties
Civil Liberties: legal and Constitutional freedoms that protect people from the gov't

(acts/laws, Constitution, SCOTUS)
1) In the Articles (originally included)

can't suspend habeas corpus

no ex post facto

no bill of attainder

no religious test for office
3) Incorporation doctrine
Bill of Rights apply to individuals (through 14th amendment)

Gitlow v. New York

wrote a Left Wing Manifesto

~ free speech
~ established incorporation doctrine

Incorporated amendments (all but 3 and 7):
1 - Gitlow v NY, Near v Minnesota
2 – McDonald v Chicago
4 - Mapp v. Ohio
5 – Miranda v Arizona
6 - Gideon v. Wainwright
9 - Griswold v Connecticut
4) Court Decisions
court (through judicial review)
expands/limits freedoms in the Constitution
The specific freedoms in the Bill of Rights:
Right to Privacy
Schenck v. US
Clear and Present Danger Test
- free speech is NOT absolute

- Congress can prevent speech where there is a clear and present danger to others
Schenck mailed anti-draft pamphlets about avoiding the draft
Miller v California
Miller Test for Obscenity
Miller mailed adult material ads to random people
Is it offensive to the average person?
Does it have artistic, scientific, or literary value?
Bethel v Fraser
NY Times v Sullivan
Symbolic speech
using actions and symbols to convey ideas rather than words
Tinker v Des Moines
Texas v Johnson
Morse v Fredrick
Speech is not protected at School if it is explicit/vulgar
Symbolic speech is protected at school if not disruptive / follows school policies
Symbolic speech is protected under
the 1st Amendment
Fredrick held up a banner at a school parade saying
Symbolic speech is not protected at school if it is vulgar or inappropriate
Establishment Clause
wall of separation

the government can't establish
or prefer any religion
Engel v Vitale
no state sponsored, teacher led, or recited prayer in school
(even if it is non-denominational)
Lemon v Kurtzman
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
Lemon Test
can't entangle the gov't and religion when giving money to parochial schools
okay not to salute flag for religious reasons.
Amish family can remove child after 8th grade based on religious practices
polygamy (multiple wives)
animal sacrifice for religious ceremony
2) Bill of Rights
Sullivan accused of talking bad about MLK Jr.

NY Times writes article about it.

Sullivan sued for libel
NY mandatory prayer at school
govt money given to religious schools
student wouldn't pledge to the flag for religious reasons (Jehovah's witness)
smoked peyote, worked at Drug Rehab center. Fired and couldn't file for unemployment.
procedural due process
requires government to follow fair procedures before depriving a person of life, liberty, or property.
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 caught smoking in bathroom. Principal searched purse - found rolling papers, $, and orders for drugs.
Washington v Chrisman
Plain view law
police may search without a warrant if evidence of criminal activity can be seen without entry or search.
Chrisman was drinking on campus.
Went with cop to dorm to get ID -
cop saw the roommate with drugs.
Miranda v Arizona
Gideon v Wainwright
Furman v Georgia
Gregg v Georgia
Right to personal life free from govt intrusion
*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
Miranda rights
Right to counsel
state must provide lawyer for felonies
Gideon was charged with burglary.
He 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
Furman was robbing a house and 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 worked at Planned Parenthood and gave birth control to married couples. Arrested for violating CT law against all birth control.
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
law -- 24 hour wait, informed consent, & parent permission for minor okay.
But couldn't Require women to notify man.
students wore black armband to school for peace in Vietnam
right to see a judge to know charge
punish for something that was not a crime when he did it
guilty without trial
only applied to federal govt and didn't protect
against state govt's

Barron v. Baltimore
fishing wharf. gov't took his land
purpose of Bill of Rights - to protect against NATIONAL govt ... not state govt's

so... Bill of Rights did not apply to state issues
called Selective Incorporation
Johnson burned American flag to protest Reagan. Arrested for violating Texas flag desecration law.
gave a speech at school with sexual innuendos ("firm in his pants")
Free Press
separation of church and state
Permitted religious practices:
Restricted religious practices:
gov't can intervene when practice does violate a law
gov't can't intervene when practice doesn't violate a law
Right to Bear Arms
McDonald v. Chicago
challenged Chicago ban on assembled and loaded guns.
2nd amendment
for the states
can only sue for defamation if maliciously false.
Speech is not protected if it is vulgar/explicit.
Near v Minnesota
Near wrote article calling govt officials
"corrupt Jewish gangsters"

gov't tried to stop him from publishing

Gov't does not have
prior restraint
: attempt to prevent material from being published.
NY Times v. US
"Pentagon Papers Case"

Nixon tried to stop NY Times from publishing classified govt materials about Vietnam.

Govt can't
limit free press
5th and 9th
Full transcript