Civil Liberties Chapter 5 Powerpoint 2 Flashcards
Who is a person? (Slide 2)
Do organizations and commercial speech have the same rights as individuals?
- Organizations usually have same rights as individuals
- Commercial speech can be regulated
- Citizens United: Groups are people, money is speech
- referring to campaigns
Who is a person? (Slide 3)
Do young people have the same amount of rights? Give examples.
- young people may have less freedom of expression
- Hazelwood (1988): school newspaper can be restricted
- school activities can be controlled if related to pedagogical (process of teaching) concerns
Church and State (Slide 4 & 5)
Explain the Free Exercise clause.
- no state interference, similar to speech
- no law imposing burdens on religious institutions
- ex. cannot ban animal sacrifices (if there is no law against it)
- but no religious exceptions for laws binding all other citizens
- religious freedom v. public policy can be different to settle
- conscientious objection to war/military service, refusal to work Saturdays (7th day), refusal to send kids to school beyond 8th grade (Amish)
Church and State (Slide 6 & 7)
Explain the Establishment clause and give examples.
- Jefferson: “wall of separation” between church and state. Ambiguous wording requiring the Supreme Court to interpret it themselves.
- Supreme Court interpretation: no gov involvement, even if nonpreferential
- 1947, NJ case allowed Catholic school parents to be reimbursed for busing (religiously neutral activity)
- Court since struck down: school prayer (Engel v. Vitale) , “creationism,” in-school release time for religious instruction
- Some aid allowed to parochial schools (voucher money: going to families, not schools) and denominational colleges
- Lemon v. Kurtzman: Government involvement is Constitutional if it meets tests. Secular (non-religious) purpose, primary effect neither advocates nor inhibits religion, no excessive government entanglement with religion
- Supreme Court complex/shifting dealing with establishment clause
Crime and Due Process (Slide 8)
What determines whether evidence is allowed to be used in Court? What amendments talk about this?What is the exclusionary rule? When did they start using the exclusionary rule?
- Most let all evidence in trail, punish police misconduct later
- Exclusionary rule: evidence gathered in violation of Constitution cannot be used
- uses the 4th (unreasonable searches/seizures) and 5th (protection against self incrimination)
- Mapp v. Ohio (1961): Supreme Court began use of exclusionary rule to enforce Constitution guarantees
Crime and Due Process (Slide 9)
When can searches be made?
-properly obtained warrant, (judge states what is to be searched/seized), only issued with probable cause. Incident to an arrest.
Crime and Due Process (Slide 10)
What can be searched during arrest? What can be searched if the person is in their car?
- individual, things in plain view, things/places under the immediate control of the individual
- changes almost yearly, recently more searching allowed, Court tries to protect “reasonable expectation of privacy”
Crime and Due Process (Slide 11)
Can people be forced to speak? Talk about the Miranda rights.
- Constitution was made to originally ban torture/coercion
- Extended to people who are unaware of rights (particularly to remain silent in courtroom/police station)
- Miranda: confession involuntary unless informed of rights
- No protection if confession made to undercover officer in jail
Crime and Due Process (Slide 12)
Is the exclusionary rule being relaxed more recently? What are some exceptions to the exclusionary rule?
- relaxing the exclusionary rule
- any evidence admissible, too technical to deter police misconduct, vital safeguard for liberties
- Courts began allowing some exceptions
- Limited coverage (juveniles), “good faith exception”(mistake in warrant process that Court lets slide), “Overriding considerations of public safety,” evidence would “inevitably” have been found
Terrorism/Civil Liberties (Slide 13)
Explain the US patriot Act. Explain warrants with tapping phone lines. How are non-citizens treated? Explain what a statute of limitations mean.
- US Patriot Act: increase fed power to fight terrorism
- with terrorism, police still need warrants to tap into phone lines but the rules are loosened
- Non-citizens are treated the same as citizens
- Statute of limitations: shelf-life of a crime
Terrorism/Civil Liberties (Slide 14)
When is an executive order issued? What court is non-citizen terrorists tried in?
- Executive order: national emergency
- Non-citizens tried in military court (3 judges)
