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
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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
)