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Civil Liberties Civil Liberties

Civil Liberties - PowerPoint Presentation

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Uploaded On 2015-11-07

Civil Liberties - PPT Presentation

As an American citizen what is your most important right Why In the Bill of Rights find the following The right to make fun of the president The right to be Catholic The right to privacy The right to remain silent ID: 186228

law rights accused search rights law search accused state speech criminally free seizure bill people religion government incrimination persons

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Slide1

Civil LibertiesSlide2

As an American citizen, what is your most important right? Why?Slide3

In the Bill of Rights, find the following:

The right to make fun of the president

The right to be Catholic

The right to privacy

The right to remain silent

The right to burn an American flagThe right to advocate the violent overthrow of the government

Cartoonist Ken Catalino, from Cagle political cartoons (.com)Slide4

What does the Bill of Rights do?

Protect rights that facilitate democratic processes

Protect against state involvement in private lifeSlide5

Does the Bill of Rights prohibit actions taken by the states?Slide6

14

th

Amendment

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

No State

shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Slide7

Selective Incorporation

The Supreme Court

selectively

applies the provisions of the Bill of Rights to state laws and practices, one right at a time.

Practice started with the case

Palko v. ConnecticutSlide8

Why are rights of accused criminals so prominent in the Bill of Rights?Slide9

Rights of the criminally accused

Search and Seizure (4

th

)Slide10

Fourth

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.Slide11

Rights of the criminally accused

Search and Seizure (4

th

)

Exclusionary rule (

Mapp v. Ohio)Limits?Slide12

Limits to the exclusionary rule

During a valid arrest

When searching to ensure evidence is not lost

When searching with consent of the subject

When search occurs in hot pursuit

When seizing evidence in plain viewWhen searching places that merit low protectionSlide13

The court continues to grapple with these issues!

US. v. Jones (2012)Slide14

Rights of the criminally accused

Search and Seizure (4

th

)

Jury Trial (7

th)Double jeopardy (5th)Self incrimination (5th)Miranda v. Arizona (1966)Slide15

Rights of the criminally accused

Search and Seizure (4

th

)

Jury Trial (5

th)Double jeopardy (5th)Self incrimination (5th)Counsel (6th)

Gideon v. Wainwright (1963)Slide16

Rights of the criminally accused

Search and Seizure (4

th

)

Jury Trial (5

th)Double jeopardy (5th)Self incrimination (5th)Just compensation (5th)

Counsel (6th)Cruel and unusual punishmentSlide17

What other rights are essential to a functioning democracy?Slide18

Free expression

Congress shall make no law … 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. Slide19

Rights to free expression

Freedom of Speech

Strict Scrutiny: Burden of proof is placed on the government to show that the law is constitutional rather than on the challengers to show that the law is not constitutional. Slide20

Protected Speech

The truth.

Except

words that present a clear

and present danger

Except fighting wordsExcept obscenityFalsehoods

Unless “reckless disregard for the truth”Libel (print)

Slander (oral)

“Speech Plus”

Conduct

Flag burningSlide21

Does

the first Amendment give

the

an individual the right

to

engage in “offensive” speech?Does it mean that we can’t criticize and apply social pressure to silence speech we don’t like? Slide22

Freedom of the Press

Doctrine of

no prior restraint.

Near v. MinnesotaSlide23

Freedom of religion

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof”

Two clauses:

Establishment clause

Free exercise clauseSlide24

Establishment clause issues

Does teaching intelligent design in public school science classes constitute laws “respecting” an establishment of religion?

Does allowing a moment of silence at the beginning of a class period?

Does reciting the phrase “under God” in the Pledge of Allegiance?Slide25

The Lemon Test

Lemon v.

Kurtzman

, 1971

The law must have a secular purpose

The law’s primary effect must be one that neither advances nor inhibits religionThe law must not foster excessive government entanglement with religionWhat are some problems with this test?Slide26

The neutrality test

A law cannot favor religious over nonreligious (or nonreligious over religious) groups engaged in the same activity.Slide27

Right to bear arms

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.Slide28

Privacy

Read

Griswold v. Connecticut

(1965).

How would you decide this case?

What is a penumbra?Where in the Constitution does the court find the right to privacy?Slide29

Right to privacy

Found in penumbra created by:

Right to associate (1

st

)

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. (3rd)The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated (4th

)Right against self incrimination (5th)

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (9

th

)