BY: ANDREW N. , AGON A. , GRACE S.

Civil Liberties

What are Civil Liberties?

The legal constitutional protections against government that aredefined by courts, legislature and police.

The Beginnings of Civil Liberty Assessment.

Barron v. Baltimore 1833: Bill of Rights restrained only the national

government not states and cities.Gitlow v. New York 1925 Court ruled that state government must respect

some First Amendment rights Freedom of press and speech are fundamental

personal rights and libertiesprotected by due process clause of the 14th Amendment

This decision began the development of the incorporation doctrine

Incorporation Doctrine

Legal concept which the Supreme Court has nationalized theBill of Rights by making most of its provisions applicable to the states through theFourteenth Amendment.

Today only the Second, Third, and Seventh Amendment and the possibilities againstexcessive fines and bail in the Eighth Amendment have not been applied specificallyto states.

What are your Civil Liberties?

Freedom of ReligionFreedom of ExpressionDefendants’ RightsRight to Privacy

Freedom of Religion

1st AmendmentEstablishment Clause: No establishment of

religion in public government. “Congressshall make no law respecting on establishment of religion.

Free Exercise Clause

Prohibits government from interfering with the practice of religion.

Lemon v. Kurtzman 1971 Government aid to parochial schools must

have a secular purpose and not advanceor inhibit religion.

Engel v. Vitale 1962State officials violated by New York school

children.School District of Abigton Township,

Pennsylvania v. Schempp 1963Pennsylvania law requiring Bible reading in

schools violated establishment clause ofthe First Amendment.

Freedom of Expression, Free Speech, Free Press

Near v. MinnesotaSchneck V. United StatesRuth v. United States 1957Miller v. California 1973Texas v. Johnson 1989

Near v. Minnesota 1931

Prior restraint: Government preventing material from being publishedunconstitutional

Government can limit speech and press if it provokes a clear and present danger ifsubstantive civils.

Schneck V. United States

Government can limit speech and press if it provokes a clear and present danger ifsubstantive civil.

Obscenity: not protected speech, press.

Roth v. United States 1957

Supreme Court ruled that “obscenity is not within the area of constitutional, protected speech or press.”

Miller v. California 1973

Didn’t define obscenity but said community standards be used to determine whethermaterial is “obscene.”

Libel: False or malicious statements that damage someone’s reputation.

New York Times v. Sullivan 1964

Determined guidelines to win damage suits for libel individuals must prove that thedeformatory statements were made with “actual malice” and reckless disregard forthe truth.

Texas v. Johnson 1989

Symbolic Speech: Non verbal communication protected under the First Amendment.

Supreme Court struck a law burning the burning of the flag.

What are Defendant Rights?

Defendant Rights: Bill of Rights originally intended to protect the accused in politicalarrests and trials, vague language “speedy trial” “cruel and unusual”

4th Amendment: forbids unreasonable search and seizures.

Search Warrant and probable clause needed for police search.

Exclusionary role: Evidence, no matter how incriminatory can’t be introduced to trials if not constitutionally obtained.

Mapp v.Ohio 1961- Supreme court decided fourth amendment protections againstsearches and seizures must be expanded to states along with exclusionary rule.

U.S Patriot Act: Government given broad new powers for wire trapping, surveillanceand investigation of terrorist subjects after September 11, 2001.

Self Incrimination: Suspects cant be forced with own connection.

5th Amendment: No person shall be compelled to be a witness against himself.

Government can give suspects immunity in exchange for testimony.

Miranda v. Arizona 1991Supreme Court set guidelines for police questions of

accused persons to protectthem against self- incrimination and to protect right to counsel.

Miranda Rights- must be told that:Constitutional right to remain silentWhat they say can be used against themHave a right to have a lawyer and court will provide

an attorney if they cant afford one.Right to CounselSixth Amendment: Constitutional amendment

protects individuals accused ofcrimes, includes right counsel, right to confront witness, and right to speedy and public trial.

Gideon v. WainwrightEstablished that everyone has a right to a

lawyer.Cruel and Unusual Punishment:What is “cruel “ and “unusual”?Eight Amendment: Forbids cruel and

unusual punishment.Furman v. Georgia 1972Court ruled Georgia’s death penalty

“freakish” and “random” and overturned it.George v. Georgia 1976Supreme court upheld constitutionality of

death penalty and said death penaltyis “suitable to the most extreme of crimes.”

Right to Privacy

Right to Privacy: Right to a private personal life free from the intrusion ofgovernment.

Abortion

Roe v. Wade 1973Supreme Court holds that state bans on

abortions are unconstitutional forbadestates’ control over abortions during first trimester, permitted state to limitabortions to protect mother’s health in second trimester, as permitted states toSupreme Court loosened protect the fetus during the third trimester.

Planned Parenthood v. Casey 1992 standard for evaluating restrictions on abortion.

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