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Chapter 4: Civil Liberties and
Public Policy
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The Bill of Rights
Freedom of Religion
Freedom of Expression
Freedom of Assembly
Right to Bear Arms
Defendants’ Rights
The Right to Privacy
Understanding Civil Liberties
Summary
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LO 4.1
The Bill of Rights
• The Bill of Rights—Then and Now
• Civil Liberties – The legal constitutional
protections against the government.
• The Bill of Rights – The first 10
amendments, which protect basic liberties
such as religion and speech.
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LO 4.1
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LO 4.1
The Bill of Rights
• The Bill of Rights and the States
• Barron v. Baltimore (1833) – Bill of Rights
restrict only the national government.
• Gitlow v. New York (1925) – 1st
Amendment protection of speech first
incorporated to states.
• Most now incorporated using the 14th
Amendment and now restrict state and
local governments.
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LO 4.1
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LO 4.2
Freedom of Religion
• The Establishment Clause
• No laws shall be made respecting the
establishment of religion.
• Lemon v. Kurtzman (1971) – Aid to
church related schools must (1) have a
secular legislative purpose, (2) neither
advance nor inhibit religion, and (3) not
foster an excessive government
entanglement with religion.
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LO 4.2
Freedom of Religion
• The Establishment Clause (cont.)
• Zelman v. Simmons-Harris (2002) ruled
that school vouchers are constitutional.
• Engel v. Vitale (1962) ruled that prayer in
public schools violates the Establishment
Clause.
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LO 4.2
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Freedom of Religion
LO 4.2
• The Free Exercise Clause
• Prohibits government from interfering with
the practice of religion.
• Some religious practices may conflict with
other rights, and then be denied or
punished.
• Employment Division v. Smith (1988)
upheld prosecution of persons using the
drug peyote as part of their religious rituals.
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LO 4.2
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LO 4.3
Freedom of Expression
• Prior Restraint
• Prior restraint – A government preventing
material from being published.
• Near v. Minnesota (1931) ruling that the
1st Amendment protects newspapers from
prior restraint.
• May be permissible during wartime.
• One may be punished after something is
published.
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Freedom of Expression
LO 4.3
• Free Speech and Public Order
• Schenck v. US (1919) – Speech is limited
if it presents a “clear and present danger.”
• Brandenburg v. Ohio (1969) – It is
permissible to advocate the violent
overthrow of government in abstract, but
not to incite anyone to imminent lawless
action.
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Freedom of Expression
LO 4.3
• Obscenity
• Roth v. United States (1957) ruling that
“obscenity is not constitutionally protected”
• Miller v. California (1973) – That
community standards be used to determine
obscenity in terms of appealing to a
“prurient interest” and being “patently
offensive” and lacking in value.
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LO 4.3
Freedom of Expression
• Libel and Slander
• Libel (printed) and slander (spoken) are
false statements that damage one’s
reputation.
• New York Times v. Sullivan (1964) ruled
that statements about public figures are
libelous only if made with reckless
disregard for truth.
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Freedom of Expression
LO 4.3
• Symbolic Speech
• Nonverbal communication, such as burning
a flag or wearing an armband.
• Texas v. Johnson (1989) ruled that the
burning of the American flag was symbolic
speech protected by the First Amendment.
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Freedom of Expression
LO 4.3
• Free Press and Fair Trials
• Branzburg v. Hayes (1972) – If no shield
laws, the right of a fair trial preempts
reporter’s right to protect sources.
• Zurcher v. Stanford Daily (1978) ruling
that a proper search warrant could be
applied to a newspaper without necessarily
violating the 1st Amendment rights to
freedom of the press.
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LO 4.3
Freedom of Expression
• Commercial Speech
• Communication in the form of advertising.
• The Federal Trade Commission (FTC)
decides what kinds of goods may be
advertised on radio and television and
regulates the content of such advertising.
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LO 4.3
Freedom of Expression
• Regulation of the Public Airwaves
• Broadcast stations must follow Federal
Communication Commission rules and
regulations.
• United States v. Playboy Entertainment
Group (2000) – Regulation must be
narrowly tailored to promote a compelling
governmental interest.
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Freedom of Assembly
LO 4.4
• Right to Assemble
• Within reasonable limits, called time, place,
and manner restrictions, freedom of
assembly includes the rights to parade,
picket, and protest.
• Usually, a group must apply to the local
city government for a permit and post a
bond of a few hundred dollars.
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LO 4.4
Freedom of Assembly
• Right to Associate
• Freedom to join groups or associations
without government interference.
• NAACP v. Alabama (1958) ruled that the
NAACP did not have to reveal its
membership list and thus subject its
members to harassment.
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Right to Bear Arms
• Many communities have passed
restrictions on owning and carrying
handguns.
• Laws have mandated background checks
for gun buyers and limited the sale of
certain types of weapons altogether.
• Laws have required that guns be stored in
a fashion to prevent their theft or children
from accessing and firing them.
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LO 4.5
Right to Bear Arms
• District of Columbia v. Heller (2008)
• Right to possess a firearm for self-defense
within the home.
• Requiring firearm in a home to be
disassembled or bound by trigger lock is
unconstitutional.
• McDonald v. Chicago (2010)
• Extended 2nd Amendment’s limits on
restricting right to bear arms to state and
local laws.
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LO 4.6
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LO 4.6
Defendants’ Rights
• Interpreting Defendants’ Rights
• Criminal Justice personnel are limited by
the Bill of Rights and failure to follow
constitutional protections may invalidate a
conviction.
• Courts continually rule on what is
constitutional and what is not.
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Defendants’ Rights
LO 4.6
• Searches and Seizures
• Probable Cause – When the police have
reason to believe that a person should be
arrested.
• Unreasonable searches and seizures –
Evidence is obtained in a haphazard or
random manner, prohibited by 4th
Amendment.
• Exclusionary rule – Evidence obtained
unconstitutionally can not be introduced
into a trial.
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LO 4.6
Defendants’ Rights
• Searches and Seizures (cont.)
• Mapp v. Ohio (1961) – Protection of 4th
Amendment against unreasonable
searches and seizures extended to the
states.
• The War on Terrorism – Patriot Act
(2001) allows wiretapping, surveillance,
and investigation and the Foreign
Intelligence Surveillance Act (2008) allows
warrants to eavesdrop on groups.
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LO 4.6
Defendants’ Rights
• Self-Incrimination
• When an individual accused of a crime is
compelled to be a witness against himself
or herself in court.
• Miranda v. Arizona (1966) ruled that set
guidelines for police questioning of
accused persons must be used to protect
them against self-incrimination and to
protect their right to counsel.
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LO 4.6
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LO 4.6
Defendants’ Rights
• The Right to Counsel
• Sixth Amendment – The right to counsel,
the right to confront witnesses, and the
right to a speedy and public trial.
• Gideon v. Wainwright (1963) – Anyone
accused of a felony where imprisonment
may be imposed, however poor he or she
might be, has a right to a lawyer.
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Defendants’ Rights
LO 4.6
• Trials
• Plea bargaining – A bargain between the
prosecution and defense for a defendant to
plead guilty to a lesser crime; 90 percent of
cases end here and do not go to trial
• Juries generally consist of 12 people, but
unanimity is not always needed to convict.
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LO 4.6
Defendants’ Rights
• Trials (cont.)
• The War on Terrorism – Hamdi v.
Rumsfeld (2004) provided detainees the
right to challenge their detention before a
judge and Boumediene v. Bush (2008)
provided foreign terrorism suspects the
right to challenge their detention in U.S.
courts.
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LO 4.6
Defendants’ Rights
• Cruel and Unusual Punishment
• The Eighth Amendment forbids cruel and
unusual punishment.
• Gregg v. Georgia (1976) - The death
penalty is not cruel and unusual, but it is
“an extreme sanction suitable to the most
extreme crimes.”
• The death penalty’s use and application
varies by state.
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The Right to Privacy
LO 4.7
• Is There a Right to Privacy?
• The right to a private personal life free from
the intrusion of government.
• Griswold v. CT (1965) – Not explicitly
stated in the Constitution, but implied by
the 4th and 9th Amendments.
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LO 4.7
The Right to Privacy
• Controversy over Abortion
• Roe v. Wade (1973) – Ruling that a state
ban on all abortions was unconstitutional.
• Planned Parenthood v. Casey (1992) –
Ruling that permits considerably more
regulation on abortions.
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LO 4.7
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LO 4.7
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LO 4.8
Understanding Civil Liberties
• Civil Liberties and Democracy
• Rights ensured in the Bill of Rights are
essential to democracy.
• Courts typically protect civil liberties from
excesses of majority rule.
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LO 4.8
Understanding Civil Liberties
• Civil Liberties and the Scope of
Government
• In deciding between freedom and order,
the United States generally chooses
liberty.
• Civil liberties limit the scope of
government, even though government
efforts are needed to protect rights.
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LO 4.1
Summary
• The Bill of Rights
• Under the incorporation doctrine, most of the
freedoms outlined in the Bill of Rights limit the
states as well as the national government.
• The due process clause of the Fourteenth
Amendment provides the basis for this
protection of rights.
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The legal concept under which the
Supreme Court has nationalized the
Bill of Rights is the _______.
A.
B.
C.
D.
LO 4.1
incorporation doctrine
establishment doctrine
inclusion doctrine
Due process clause
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The legal concept under which the
Supreme Court has nationalized the
Bill of Rights is the _______.
A.
B.
C.
D.
LO 4.1
incorporation doctrine.
establishment doctrine.
inclusion doctrine.
Due process clause.
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LO 4.2
Summary
• Freedom of Religion
• The establishment clause of the 1st
Amendment prohibits government sponsorship
of religion, religious exercises, or religious
doctrine, but government may support
religious-related activities that have a secular
purpose if this does not foster excessive
entanglement with religion.
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LO 4.2
Summary
• Freedom of Religion (cont.)
• The free exercise clause guarantees that
people may hold any religious views they like,
but government may at times limit practices
related to those views.
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The Supreme Court can prohibit
religious practices _______.
LO 4.2
A. it considers inappropriate.
B. so long as it does not specifically
target a religion.
C. but not religious beliefs.
D. and beliefs for only certain
religions.
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The Supreme Court can prohibit
religious practices _______.
LO 4.2
A. it considers inappropriate.
B. so long as it does not specifically
target a religion.
C. but not religious beliefs.
D. and beliefs for only certain
religions.
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LO 4.3
Summary
• Freedom of Expression
• Americans enjoy wide protections for
expression, both spoken and written (as in the
press), including symbolic and commercial
speech.
• Free expression is protected even when it
conflicts with other rights, such as the right to a
fair trial.
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LO 4.3
Summary
• Freedom of Expression (cont.)
• However, the First Amendment does not
protect some expression, such as libel, fraud,
obscenity, and incitement to violence, and
government has more leeway to regulate
expression on the public airwaves.
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Court decisions concerning symbolic
speech have _______.
LO 4.3
A. ruled that it is never protected.
B. extended protections to only some
forms of symbolic speech.
C. ruled that symbolic speech is
always protected.
D. not directly addressed the matter of
symbolic speech.
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Court decisions concerning symbolic
speech have _______.
LO 4.3
A. ruled that it is never protected.
B. extended protections to only some
forms of symbolic speech.
C. ruled that symbolic speech is
always protected.
D. not directly addressed the matter of
symbolic speech.
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LO 4.4
Summary
• Freedom of Assembly
• The 1st Amendment protects the right of
Americans to assemble to make a statement,
although time, place, and manner restrictions
on parades, picketing and protests are
permissible.
• Citizens also have the right to associate with
others who share a common interest.
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LO 4.4
Within reasonable limits, called time,
place, and manner restrictions, freedom
of assembly includes the rights to _____.
A.
B.
C.
D.
parade.
picket.
protest.
all of the above.
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LO 4.4
Within reasonable limits, called time,
place, and manner restrictions, freedom
of assembly includes the rights to _____.
A.
B.
C.
D.
parade.
picket.
protest.
all of the above.
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LO 4.5
Summary
• Right to Bear Arms
• Most people have a right to possess firearms
and use them for traditionally lawful purposes.
• However, government may limit this right to
certain classes of people, certain areas, and
certain weapons, and may require
qualifications for purchasing firearms.
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LO 4.5
In the case of District of Columbia v. Heller (2008),
the Supreme Court struck down a law that outlawed
the possession of handguns in our nation’s ______.
A.
B.
C.
D.
public schools
forts
capital
colleges and universities
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LO 4.5
In the case of District of Columbia v. Heller (2008),
the Supreme Court struck down a law that outlawed
the possession of handguns in our nation’s ______.
A.
B.
C.
D.
public schools
forts
capital
colleges and universities
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LO 4.6
Summary
• Defendants’ Rights
• The Bill of Rights provides defendants with
many rights, including protections against
unreasonable searches and seizures, selfincrimination, entrapment, and cruel and
unusual punishment (although the death
penalty is not inherently constitutionally
unacceptable).
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LO 4.6
Summary
• Defendants’ Rights (cont.)
• Defendants also have a right to be brought
before a judicial officer when arrested, to have
the services of counsel, to receive a speedy
and fair trial (including by an impartial jury),
and to confront witnesses who testify against
them.
• They also must be told of their rights.
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LO 4.6
Each of the following protections is found
in the Fifth and Sixth Amendments, except
A.
B.
C.
D.
the right to counsel.
the right to plea bargain.
the right to remain silent.
all of the above are rights protected
in the Fifth and Sixth Amendments.
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LO 4.6
Each of the following protections is found
in the Fifth and Sixth Amendments, except
A.
B.
C.
D.
the right to counsel.
the right to plea bargain.
the right to remain silent.
all of the above are rights protected
in the Fifth and Sixth Amendments.
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LO 4.7
Summary
• The Right to Privacy
• Beginning in the 1960s, the Supreme Court
articulated a right to privacy, as implied by the
Bill of Rights.
• This right has been applied in various domains
and is the basis for a woman’s right to an
abortion under most, but not all, circumstances.
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LO 4.7
States may not place which of these
requirements on the right to an abortion?
A. A 24-hour waiting period.
B. Require parental consent for a
minor seeking an abortion.
C. Require married women to tell their
husbands of their intent to have an
abortion.
D. Require doctors to present women
with information on the risks of the
operation.
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LO 4.7
States may not place which of these
requirements on the right to an abortion?
A. A 24-hour waiting period.
B. Require parental consent for a
minor seeking an abortion.
C. Require married women to tell their
husbands of their intent to have an
abortion.
D. Require doctors to present women
with information on the risks of the
operation.
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LO 4.8
Summary
• Understanding Civil Liberties
• When any of the Bill of Rights, including
defendants’ rights, conflict with majority rule,
rights prevail.
• Civil liberties, by definition, limit the scope of
government action, yet substantial government
efforts may be necessary to protect the
exercise of rights.
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LO 4.8
As
have expanded, they have
also expanded the scope of government.
A.
B.
C.
D.
civil liberties
the size of courts
public polices
governments
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LO 4.8
As
have expanded, they have
also expanded the scope of government.
A.
B.
C.
D.
civil liberties
the size of courts
public polices
governments
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Text Credits
•
Gallup Poll, July 17-19, 2009. Used with permission.
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Photo Credits
• 92: Stefan Zakin/Corbis
• 93T: Annie Griffiths Bell/Corbis
• 93TC: AP Photo
• 93TB: Michael Newman/PhotoEdit
• 93B: Mobile Press Register/Corbis
• 94: AP Photo
• 99: Annie Griffiths Bell/Corbis
• 101: AP Photo
• 104: AP Photo
• 105: AP Photo
• 107: By permission of John L. Hart
FLP and Creators Syndicate Inc.
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• 108: Pool/Pool/Getty Images
• 110: Getty Images
• 111: Jean Yves Rabeuf/The Image
Works
• 112: Robert Mankoff/The New Yorker
Cartoon Bank. www.cartoonbank.com
• 117: Michael Newman/PhotoEdit
• 117B: By permission of John L. Hart
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• 120: AP Photo
• 124: Mobile Press Register/Corbis