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Transcript
Civil Liberties
The Bill of Rights
First Amendment

“Congress shall make no law respecting an
establishment of religion, or prohibiting
the free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the government for a
redress of grievances.”
Freedom of Religion: Establishment
Clause

Establishment Clause
Prohibits the national government from establishing a
national religion
 Engel v. Vitale 1962: no school prayer
 Lemon test: (Lemon v. Kurtzman, 1971: state aid for
private—religious-- school teachers)
Law, action is ok IF:




Secular purpose
Neither advances nor inhibits religion
Does not foster an excessive government entanglement with
religion
Court decided state funds for paying private school
teachers did not meet this standard
The Free Exercise Clause

a citizen’s right to practice his or her religion


Beliefs (not limited)
vs. Actions (can have limits)


Snake handling, illegal drug use, polygamy
Prisoners have a right to practice


not always
On peyote use:
http://www.law.cornell.edu/uscode/search/display.ht
ml?terms=1996a&url=/uscode/html/uscode42/usc_se
c_42_00001996---a000-.html
Freedom of Speech

Historic limits:



Alien and Sedition Acts
Civil War: Lincoln
World War I: Schenk v. US


“Clear and present danger”
1969 “direct incitement”
Freedom of Speech and Press



Prior Restraint: prevents the government
from prohibiting speech or publication
before the fact; a violation of the First
Amendment
Prior Restraint: Daniel Ellsberg: Pentagon
Papers
http://www.mostdangerousman.org/trailer
/ (Trailer)
Symbolic speech: protected



Arm bands
flags
flag burning
Hate speech:
an emerging area
 Is it different and therefore not protected?
 Cross burning in 2002
http://www.cato.org/pubs/scr/2003/firstame
ndment.pdf (p88 and end)

Hate Speech, Unpopular Speech,
Speech Zones
Two-thirds of colleges and universities have banned a
variety of forms of speech or conduct that creates or
fosters an intimidating, hostile or offensive environment
on campus.

Some have created free speech zones.

These restrict the time, place or manner of speech

Implication that speech can be limited on other parts
of campus

ACLU a critic a such policies; filed number of suits, but
hate
none has reached the Supreme Court
Unprotected Speech and
Publications

Slander


Libel
False written statements or written statements
tending to call someone’s reputation into disrepute
 Burden of proof: that statement is untrue
“actual malice” must be provided to support a finding of
libel against a public figure.
 “knowledge of falsity,” “reckless disregard for the
truth”
 Malice standards make it difficult for public officials
or persons to win libel cases.


Untrue spoken statements that defame the
character of a person
Not protected


Fighting Words
Obscenity and Lewdness

Definition?

Roth v. US (1957): utterly without redeeming
social value and if applying contemporary
community standards wholly appeals to the
prurient interest
 LAPS test, 1973
 “I know it when I see it”
Second Amendment


“A well regulated militia, being necessary
to the security of a free state, the right of
the people to keep and bear arms, shall
not be infringed.”
2008 Supreme Court Case:
http://www.npr.org/templates/story/story.php?storyId=
91911807


Not just for militia, but a private citizen’s right
Gun rights timeline:
http://www.npr.org/templates/story/story.php?storyId=
91942478
Third Amendment

No soldier shall, in time of peace be
quartered in any house, without the
consent of the owner, nor in time of war,
but in a manner to be prescribed by law.
Fourth Amendment

“The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and the persons or things
to be seized.”
Court: police can search without
a warrant




The person arrested
Things in plain view of the accused person
Places or things that the arrested person
could also touch or reach or are otherwise
in the arrestee’s immediate control.
BUT: police must knock and announce their
presence before entering a home or apartment
to execute a search
Searches: no warrant




“Reasonable Suspicion” : that someone
committed or may be about to commit a
crime: a lower standard
Consent is given
Drunk Drivers
Open fields: no expectation of privacy
Searches



Houses: private: usually need a warrant
Cars: less clear
Drug testing: “your person” so usually
allowed
Fifth Amendment
“No person shall . . . be subject for the
same offense to be twice put in jeopardy
of life or limb; nor shall be compelled in
any criminal case to be a witness against
himself, nor be deprived of life, liberty, or
property, without due process of law; nor
shall private property be taken for public
use, without just compensation.”
Miranda Rights


Are confessions “voluntary”?
http://www.usconstitution.net/miranda.ht
ml
Sixth Amendment

“In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by
an impartial jury of the state and district wherein
the crime shall have been committed. . . and to
be informed of the nature and cause of the
accusation; to be confronted with the witnesses
against him; to have compulsory process for
obtaining witnesses in his favor, and to have the
assistance of counsel for his defense.”
6th Amendment


Gideon v. Wainwright (1963): Court will
provide an attorney
Jury selection:



preemptory challenges: no reason need be
given for excluding jurors
Recently Af Ams can’t be excluded: 1986
Women: 1994
Eighth Amendment
“Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.”
What is cruel and unusual?

Furman v. Georgia, 1971:




“degrading to humanity” (torture)
Arbitrarily enforced (death penalty?)
Utterly rejected by society
unnecessary
Right to Privacy



Implied in freedom of religion, freedom
from searches and seizures
“The right to be left alone”
Issues:




Birth Control
Abortion: Roe v. Wade
Sex
Right to Die
Due Process


In the 5th and 14th Amendments
http://www.usconstitution.net/consttop_d
uep.html
Incorporation




Do the states laws have to be in line with
the Constitutional Bill of Rights?
1800s: not really
1900s: more rights were “incorporated”:
states had to uphold too
Chart in book
More Amendments

http://en.wikipedia.org/wiki/List_of_amen
dments_to_the_United_States_Constitutio
n