Civil Rights and Liberties - PowerPoint Presentation

Slide1

Civil Rights and Liberties

By: Taylor, Gracie, Elise, Stafford, Morgan, TylerSlide2

Intro

Civil Liberties

Stated in the Bill of Rights

Not really as easy as written down

Complexity involved

Freedom of Speech

University of Wisconsin

Abortion

Liberals v. ConservativesSlide3

4.1 Bill of Rights

First Ten Amendments

Basic Liberties

But are they really there?

Only restrains the national government

Barron v. Baltimore

Incorporation Doctrine

Gitlow v. New York

Gradually the Bill of Rights was added to state constitutionsSlide4

4.2 Freedom of Religion

First Amendment contains elements that contain establishment clause and free exercise clause

Establishment clause states “congress shall make no law respecting an establishment of religion.”

Free exercise prohibits the abridgement of citizens’ freedom to worship or not to worship

Religious issues have assumed importance in political debate in recent years

Establishment clause

Some countries such as GB have officially supported churches by the government and recognized as a national institution

American colonies once had government supported churches but colonist discouraged the first congress from establishing

Unclear what the first congress intended to include in the establishment clause

Thomas Jefferson argued that it created a “wall of separation” between church and state Slide5

Freedom of Religion

Education

Aid that goes to church-related schools goes to Roman Catholic schools

Lyndon B. Johnson argued that the aid went to the students not the school

Court has allowed religious schools to use public funding to construct buildings and also to help students

The public funds aren't allowed to pay teacher's salaries,or to provide transportation for field trips

Field trips for a class subject can make that complicatedSlide6

Freedom of Religion

Religious activities in public schools

Recently the court has been opening public schools to religious activities

Public universities that permit student groups must allow student religious groups to use their facilities

1984 Equal access act, congress made it unlawful for public schools to restrict religious worship and then applied to elementary schools

There are questions about Public schools using funding for religious activities

In 1995 the court held that university of Virginia was constitutionally required to subsidize a student religious mag on the same basis as regular student publication

More constitutional acceptability becomes higher when public funds are used more for education

Schools may release students to students from school to allow th to receive religious education somewhere else

Contentious topics are teaching of alternatives to the theory of evolutionSlide7

Freedom of Religion

School prayer

Not constitutional to sponsorship prayer in public schools

Many public schools ignored the supreme court's ban

Evolution

Christian groups have pressed courts

to teaching their alternative to Darwin's theory to evolution

Public display

The court has a hard time in determining the religious displays in other areas

Displays of religious symbols during holidays has created controversy

Constitution does not require complete separation between church and state

Free Exercise Clause

1st amendment guarantees free exercise of religion

Complicated because religion sometimes forbids actions that society thinks is necessary Slide8

4.2 Freedom of Religion Court Cases

Lemon v. Kurtzman (1971)

established the amount of financial aid religious schools can obtain

Zelman v. Simmons-Harris (2002)

upheld a state program that provided families with vouchers that could be used to pay for tuition at religious schools

Engel v. Vitale (1962)

state officials violated 1st Amendment when required that a prayer to be recited by students

School District of Abington Township, Pennsylvania. Schempp (1963)

requiring a bible reading in schools violated the establishment clause of the 1st Amendment Slide9

4.3 - Freedom of Expression

Freedom of Expression:

First Amendment Prohibits national government from limiting freedom of expression.

Non-verbal Speech such as Picketing included in first amendment.

Prior restraint is the government taking action to prevent material from being published.

School has ability to restrict student expression if they’re regarded as abuse.

Communications Decency Act banned obscenity for those under the age of 18

Private Figures have a lower standards to win libel lawsuits than public figures do.Slide10

4.3 Freedom of Expression - Court cases

Schenck Vs. United States Declared that government could limit speech if it provoked a clear and present danger of substantive evils.

Roth Vs. United States rules that “obscenity is not within the area of constitutionally protected speech or press.”

Near Vs. Minnesota Protects newspapers from prior restraint.

Miller Vs. California saw lewd content as obscenity.

New York Times Vs. Sullivan declared public figures were to prove alleged false or malicious statements were to damage their reputation to win damage suits.Slide11

4.4 - Freedom of Assembly

First Amendment- freedom to “peaceably assemble”

Often neglected

Behind speech, press, and religion

Basis for forming interest groups, political parties, and professional associations

2 facets to freedom of assembly:

1) The

right to Assemble

2) The

right to AssociateSlide12

4.4 Right to Assemble

Right to assemble: gather together to make a statement

Parade, picket, protest, demonstrations

Time, Place, Manner Restrictions

Conflicts with societal values

Rules:

No spontaneous anything

permit

No limitations on content of message

Balance v order

Rights v harassmentSlide13

4.4 Right to Associate

Right to associate with people who share common interests

Includes interests in political changes

Protected from discrimination and harassment

Under free speech and association

NAACP v. AlabamaSlide14

4.5 Gun Rights - One of the Biggest Controversies

Does the second amendment apply to individuals or state militias?

It took over 200 years for the Supreme Court to address this issue

Landmark Court Cases

D.C. v. Heller (2008)

The 2nd protects individuals

D.C. isn’t a state though…

McDonald v. Chicago 2010

Extended the DC v. Heller ruling to state and local governments

Limits - all rights have them

Some restrictions and prohibitions are allowedSlide15

4.6 - Defendant’s Rights

Bill of Rights only guarantee (in 45 words) the freedoms of:

Religion

Speech

Press

Assembly

Founders intended the rights to protect the accused in

political

arrests and trials.

Protections apply in the 4th, 5th, 6th, 7th,and 8th Amendments.

Mostly in criminal justice cases

Slide16

4.6 - Defendant’s Rights cont.

Search and Seizures:

Police cannot arrest a citizen without reason

Before making an arrest, police need probable cause

Reasonable grounds for believing that a person is guilty of a crime

Unreasonable search and seizures-

Obtaining evidence in an unlawful manner

Prohibited by the Fourth Amendment

Requires police to meet certain conditions Slide17

4.6- cont.

Search Warrant-

A written authorization from a court specifying the area to be searched and what the police may search for

Can only issue a search warrant if there is probable cause to believe that a crime has occurred or is about to occur

A warrant must be in writing

Must specify the area to be searched and the material sought in the police search Slide18

4.6 - cont.

A search without a warrant:

If probable cause of a crime exists

If the search is necessary to protect an officer's safety

If the search is limited to material relevant to a suspected crime or within the subjects immediate control

If there is a need to prevent the imminent destruction of evidence

Exclusionary Rule - 1914

Evidence cannot be introduced into a trial if it was not obtained in a constitutional manner

Prohibits the use of evidence obtained through unreasonable search and seizures Slide19

4.6 - cont.

Detentions and the war on terrorism

Military Commissions Act (MCA) -

Authorized military commissions to try unlawful enemy combatants and denied suck combatants access to the courts

Also denied access for those detainees who are waiting for the government to determine whether they were enemy Combatants

Allowed US government to detain such combatants indefinitely without prosecuting them in any manner

Boumediene V. Bush Slide20

4.6 - cont.

Self incrimination -

Being a witness against oneself

Fifth amendment forbids involuntary self-incrimination

The accused need not to provide evidence that can later be used against them

However, the government may guarantee suspects

immunity

Exemption from prosecution in exchange for suspects’ testimony regarding their own and other misdeeds Slide21

4.6 - cont.

The right to counsel:

Crucial

Miranda

right

Sixth amendment has always guaranteed the right to counsel in federal courts

Everyone accuse of a felony in a state court has the right to an attorney

Whenever improvement can be imposed, a lawyer must be provided for the accused

I'm civil contempt cases carrying the potential for improvement, states are not obligated to provide counsel Slide22

4.6 - cont.

The sixth amendment guarantees:

Defendants that go to trial are entitled to the right to a speedy trial by an impartial jury

Gives defendants the right to confront the witnesses against them

Supreme Court guarantees:

Fewer than 12 jurors and to convict with a less - than - unanimous vote

Limits the discretion of judges in sentencing

Ensures that the judge's authority to sentence derives wholly from the jury’s verdict

Prosecutors cannot introduce testimony into a trial unless the accused can cross-examine the witness

Defendants have the right to know about evident that may exonerate them Slide23

4.7 The Right to Privacy

The issue of privacy on one’s home:

Right to privacy not explicitly stated in the Constitution

Roe v. Wade

Planned Parenthood v. Casey

Getting an abortion can be hard depending on where you live

Unless the requirements place “undue burden”, abortions can be hard to get

Riots

Murders

Congress passed a law so all women can enter clinicsSlide24

4.8 Rights, Democracy, and the Scope of Gov’t

Constitutional

Limits on what the gov can do

Democratic

Elected officials do as their voters askSlide25

4.8 Liberties and Democracy

There are two critical parts to successful democracy:

Freedom of Speech and Assembly

Majority Rule

Example:

4th, 5th, 6th, and the 8th Amendments.

Should we choose to protect criminals, believing “innocent until proven guilty”, or should society ensure its own safety as a whole?

Overall, America has chosen liberty above order

Individuals’ Rights v. Majority RuleSlide26

4.8 Liberties and Scope of Government

Individuals usually win against societal wishes in court

Reinforces America’s tradition of freedom before order

Modern gov’t is vast and is involved in every step of life

Strict

limitations are essential

to protect rights and liberties

The Bill of Rights is a list of such limitations

As rights expand, so does the government

More resources are needed to ensure rights are protected

Examples: providing a lawyer

Increasing access to clinics

Police protectionSlide27

Supreme Court Cases!

Lemon v. Kurtzman

: The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Zelman v. Simmons-Harris

: The 2002 Supreme Court decision that upheld a state program providing that families with vouchers that could be used to pay for tuition at religious schools.

Engel v. Vitale

: The 1962 Supreme Court decision holding that state officials violated the First Amendment when they required that a prayer to be recited by public schoolchildren.

School District of Abington Township, Pennsylvania v. Schempp

: The 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.

Near v. Minnesota

: The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.

Schenck v. United States

: A 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War 1. Justice Holmes declared that government can limit speech if the speech provokes a “clear and present danger” of substantive evils.

Roth v. United States

: A 1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press.”Slide28

More Cases

Miller v. California:

A 1973 Supreme Court decision holding that community standards be used to determine whether material is obscene, defined as appealing to a “prurient interest,” being “patently offensive,” and lacking in “serious literary, artistic, political, or scientific value.”

New York Times v. Sullivan

: A 1964 Supreme Court decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements about them were made with “actual malice” and reckless disregard for the truth.

Texas v. Johnson

: A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such an action was symbolic speech protected by the First Amendment.

Zurcher v. Stanford Daily:

A 1978 Supreme Court decision holding that a search warrant could be applied to a newspaper without necessarily violating the Forst Amendment rights to freedom of the press.

Miami Herald Publishing Company v. Tornillo

: A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized. The case illustrates the limited power of government to restrict the print media.

Red Lion Broadcasting Compamy v. Federal Communications Commission:

A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting similar to those it had overturned in

Miami Herald Publishing Company v. Tornillo.

The Court reasoned that regulating radio and television broadcasting is justified because there are only a limited number of broadcasting frequencies available. Slide29

Lots of Cases

NAACP v. Alabama

: The 1958 Supreme Court decision that the right to assemble meant that Alamaba could not require the state chapter of NAACP to reveal its membership list.

Mapp v. Ohio

: the 1961 Supreme Court decision ruling that the Fourteenth Amendment’s protection against unreasonable search and seizures must be extended to the states.

Miranda v. Arizona

: The 1966 Supreme Court decision that set guidelines for police to protect them against self-incrimination and to protect their right to counsel.

Gideon v. Wainwright

: the 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone so accused who is too poor to afford one.

Gregg v. Georgia:

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, as “an extreme sanction, suitable to the most extreme of crimes.”

McClesky v. Kemp

: The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty then were white descendants.Slide30

So many cases...

Roe v. Wade:

The 1973 Supreme Court decision holding that a Texas state ban on abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect a mother's health in the second trimester, and permitted state to ban abortion during the third trimester.

Planned Parenthood v. Casey:

A 1992 case in which the Supreme Court loosened it standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to abortion to one in which regulations not impose an "undue burden" on women.

Gitlow v. New York:

The 1925 Supreme Court decision holding that freedom of press and speech are fundamental rights, according to the Fourteenth Amendment, and that that states nor the federal government can impair them.

Barron v. Baltimore

: The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states or cities.Slide31

Vocabulary

Civil Liberties:

the freedom to think or act without government interference or fear of unfair legal treatment

Bill of Rights

: The first 10 Amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights.

First Amendment

: The constitutional amendment that protects the four great liberties: freedom of religion, of speech, of the press, and of assembly.

Fourteenth Amendment

: Nothing can be taken away from you without due process of law.

Due Process Clause

: Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law.

Incorporation Doctrine

: The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

Establishment Clause

: Part of the Fourteenth Amendment stating that “Congress shall make no law respecting an establishment of religion.”Slide32

Vocabulary cont…

Free Exercise Clause

: A First Amendment provision that prohibits government from interfering with the practice of religion.

Prior Restraint

: Government actions that prevent material from being published. As confirmed in Near v Minnesota, prior restraint is usually prohibited by the First Amendment.

Libel

: The publication of false and malicious statements that may damage someone’s reputation.

Symbolic Speech

: Nonverbal communications, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment.

Commercial Speech

: Communication in the form of advertising, which can be restricted more than many other types of speech.

Probable Cause

: Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have probable cause.

Unreasonable Searches and Seizures

: Obtaining evidence in an unlawful manner, a practice prohibited by the Fourth Amendment. The police must have probable cause and/or a search warrant in order to make a legal and proper search for and seizure of incriminating evidence and seize such evidence.

Search Warrant

: A written authorization from a court specifying what the police may search for. Slide33

And yet more Vocabulary...

Exclusionary Rule

: The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure.

Fifth Amendment

: A constitutional amendment designed to protect the rights of persons accused of crimes. It provides protection against double jeopardy, self-incrimination, and punishment without due process of law.

Self-incrimination

: Being a witness against oneself. The Fifth Amendment forbids involuntary self-incrimination.

Sixth Amendment

: A constitutional amendment fishnets to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses m, and the right to a speedy and public trial.

Plea Bargaining

: A bargain struck between a defendant’s lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchanges for the state’s promise not to prosecute the defendant for a more serious crime or for additional crimes.

Eighth Amendment

: The constitutional amendment that forbids cruel and unusual punishment.

Right to Privacy

: The right to a private personal life free from the intrusion of government.Slide34

Questions?Slide35

Kahoot

https://play.kahoot.it/#/k/d8a66a46-f10b-4c53-b62d-340a9ff5c5dfSlide36

Fun Homework?

2015 AP

®

UNITED STATES GOVERNMENT AND POLITICS

FREE-RESPONSE QUESTIONS

4. The Fourteenth Amendment protects civil rights and civil liberties.

(a) Describe the difference between civil rights and civil liberties.

(b) Identify the primary clause of the Fourteenth Amendment that is used to extend civil rights.

(c) Describe a specific legislative action that extended civil rights to each of the following.

• Women

• Persons with disabilities

(d) Identify the primary clause of the Fourteenth Amendment that is used to extend civil liberties. (e) Explain how civil liberties were incorporated by the Supreme Court in two of the following cases.

• Gideon v. Wainwright

• Mapp v. Ohio

• Miranda v. Arizona