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Liberties and Rights
Civil Liberties
Legal and constitutional rights that protect individuals from government
Civil Liberties What government cannot doCivil Rights What government MUST do or give
Safeguards in the Constitution
Writ of Habeas Corpus – Prisoners must be brought to court and prove why they
are being kept in jail
Amendments to the Constitution:The Bill of Rights
First ten amendments to the Constitution
Intended to prevent government from abusing power
Defined by the Supreme Court over time
1st Amendment – Freedom of Religion
"Congress shall make no law respecting an establishment of
religion."
Establishment Clause: Recognizing the religious
establishment Free Exercise Clause:
Freedom to believe and practice
Separation of Church and State
Early settlers had laws about attending a specific church…
Important to founding fathers to separate and not require a specific national sponsored church
Wall of Separation Between Church and State?
Language occurs in a letter written by Pres.Jefferson to a Baptist congregation in 1802 (13 years after passage of First Amendment).
Jefferson was not a member of Congress at the time of passage -- had no direct role in crafting the amendment, so no special authority for interpreting it.
The phrase "wall of separation" was not used by Madison or any other advocate of the Amendment.
The Establishment Clause
Government cannot have an official religion BUT… a friendly relationship
Does not permit government from supporting religion in general
Everson v. Board of Education (1947)
Tax money in NJ going to bus parochial school kids
Court decided that it did not help the church directly, but to the welfare of students
School Prayer
1962 Engel v. Vitale Non-Denominational school-wide prayer 1962 – All Kentucky Schools had to post the 10
commandments Unconstitutional
1970s – Present: “Moments of Silence” for voluntary prayer or meditation
2000s Pre-game prayer? Led by students? On the PA – unconstitutional The Pledge of Allegiance
Controversy: Tax money to Parochial Schools? The Lemon Test
Purpose of aid must be non-religious
The aid must not be advancing or inhibiting religion
Can’t increase connection between government and religion
School Voucher Programs?
A certificate issued by the government which parents can pay for the education of their children at a school of their choice, rather than the public school to which they are assigned.
Religion in the Workplace
Employers must try to accommodate
Unless it causes “undue hardship”
Freedom of Expression
“Not free thought for those who agree with us, but freedom for the thought that we hate”
Spoken and Symbolic
Limits Treason – war
against your nation (disloyalty)
Espionage -- Spying Sabotage –
Destructive act intended to hinder a nation’s defense
Seditious Speech – Urges an overthrow of the government
Unprotected Speech Libel– published report
that is false and injures a person’s reputation or character Stalin?
Slander – Speaking a statement that creates hatred or ridicule of a person
Different for public figures“those who thrust themselves into the public eye
and invite close scrutiny”
Have to prove: Reckless disregard for the truth Malice
1st Amendment – Free Speech -- Tests
“Fighting Words” Incitement Test
prevents speech that encourages law-breaking
Post Sept. 11th case
Obscenity Test:
What is offensive? Restricts pornography by
age
Freedom of the Press
Clear and Present Danger Test
Government can restrain if there is an immediate threat to public order
Prior Restraint!
Censorship that requires a person to seek governmental permission in the form of a license before publishing anything
Every time permission is denied
1st Amendment: Free Exercise Clause
Government cannot interfere
Balancing test: balances your right with someone else’s rights when they conflict Example: may not yell
“fire” in crowded theater
1st Amendment: Right to Peaceably Assemble
Nazis? Gang members?
May be restricted by Time, Place, and Manner test – Permit Loitering Laws
1st Amendment: Right to Petition the Government
Right to appeal a governmental decision through the court system
1st Amendment in School
Courts have ruled twice to define students’ rights in school
Tinker v Des Moines – stated that students have 1st amendment
rights; they don’t end when you enter school Defined rights: your expression may
not go against “the educational process”
2nd Amendment
Right to keep and bear arms
States define… May restrict:
age, weapons type, location
3rd Amendment:
No quartering of troops during peacetime
Cannot take private property for soldiers
4th Amendment No unreasonable
Search/Seizure without either Probable Cause or a Search Warrant
Probable Cause: enough evidence to make a reasonable person think a crime occurred
4th Amendment in School
Doe v Renfroe – allows schools to do general searches, “in loco parentis” (in place of parent)
New Jersey v TLO – allows schools to do pat-down searches with “reasonable suspicion” (lighter standard than probable cause) or lockers anytime (their property)
5th Amendment
Right to not testify against yourself
No Double Jeopardy Right to Due Process
(fair trial or hearing)
Right to just compensation for property (eminent domain) For the public good…
6th Amendment – Trial Rights Speedy trial Public trial Impartial Jury Trial Notified of charges
Attorney Call witnesses Cross-examine
witnesses
7th Amendment Right to file Civil Lawsuit
(sue another person) Separates civil and
criminal courts
8th Amendment No cruel or unusual punishment No excessive fines or bail
Death Penalty? Tasers? Waterboarding?
9th Amendment
Allows the Judicial Branch to define all future rights not previously considered
Can’t use your rights to infringe on others
Examples: Civil rights, etc.
10th Amendment Creates system of Federalism: Power to the States! Reserves to the states the right to create any laws
not covered in the original Constitution