IV - Civic Liberties & Public Policies Flashcards
Civil liberties
Protections of individuals/ groups against the gov’t
Balance b/t public order & individual freedom
civil liberties are NOT absolute
Bill of Rights
added to Constitution to appease concerns of Anti-Federalist
first 10 amendments
Bill of Rights originally only applid to
the federal gov’t
first amendment says “Congress shall make no law…”
Incorporation
Most of the Bill of Rights applied to citizens relationship with state & local gov’t
Barron v Baltimore (1833)
SCOTUS ruled Bill of Rights applied ONLY to the federal gov’t
Gitlow v New York (1925)
Due process clause of the 14th Amendment meant states could not violate freedom of speech
Incorporation doctrine
Application of some rights to state gov’t
Freedom of religion
Protected by the First Amendment
First Amendment contains two parts protecting religion
Establishment Clause
Free Exercise Clause
Establishment Clause
Gov’t can’t make an official religion or favor one religion over another
Free Exercise Clause
Prohibits the denial of a citizens’ freedom to worship (or not to worship) as they want
Quote on religion in first amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
“wall of separation”
Mentioned by Jefferson
Religion & gov’t should remain separate entities
Conflicting interpretations of Establishment Clause
Should prayer be allowed in public school?
Can religious symbols be posted on gov’t property?
What about holiday decorations such as menorahs & nativity scenes?
Can states prohibit the teaching of evolution in public schools?
Are religious schools eligible for gov’t aid?
Engel v Vitale
Public school can’t sponsor prayer as it is unconstitutional
Students may pray in school, but it can’t be led by a school employee
Equal Access Act (1984)
Students must be allowed to use school grounds for religious worship if they allow other groups to host meetings
Can religious symbols be posted on gov’t property?
Banned if displayed to promote religion
Allowed if serving a legitimate historic purpose
What about holiday decorations?
Inconsistent rulings
Butler Act in Tennessee
Prohibits public school teachers from denying the biblical idea of creation
Scopes Trial
Used to test constitutionality of Butler Act involving John Scopes as defendant
Epperson v Arkansas (1968)
SCOTUS declared states can’t ban teaching of evolution or require teaching creationism
Lemon v Kurtzman (1971)
Issue of feeding money to parochial schools
Money may be given to religious schools
Lemon Test
Aid must have a secular legislative purpose
Primary effect of aid must neither advance/ prohibit religion
Must not foster excessive gov’t entanglement
Zelman v Simmons-Harris (2002)
Ruled vouchers could be used to pay tuition at religious schools
Conflicting interpretations of Free Exercise Clause
What happens when a religious practice violates norms & laws in society?
Wisconsin v Yoder (1972)
forcing Amish students to attend school past 8th grade violates the free exercise clause
Strict scrutiny
To restrict religious practices the state must show a compelling state interest in restricting activity
Must be narrowly tailored
Freedom of Expression
Congress shall make no law or abridging the freedom of speech
Prior restraint
Censorship by the gov’t
Stopping publication of material in advance
Near v Minnesota (1931)
SCOTUS ruled prior restraint unconstitutional
NY times Co. v US (1971)
Established a “heavy presumption against prior restraint” even in cases involving national security
US tried to prevent Pentagon Papers from being published
Prior restraint exceptions
Public school newspaper
Exceptions for national security
SCOTUS has restricted speech during
Times of war or national security threats
Schenck v US (1919)
Speech could be restricted if it poses a clear & present danger
Schenck was distributing posters urging men to resist the WWI draft
Smith Act
forbid advocating the violent overthrow of gov’t
Brandenburg v Ohio (1969)
Established the imminent lawless violence standard
Gov’t can’t punish inflammatory speech
Obscene
Offensive or disgusting by accepted standards of morality or decency
Roth v US (1957)
Obscene material is not always constitutionally protected
Miller v California (1973)
SCOTUS sought to clarify obscenity standards
Materials are obscene if
Lacked “serious literary, artistic, political, or scientific value”
Showed “patently offensive” sexual conduct
Appealed to a “prurient interest”
Most Americans do not want all obscene materials
To be banned to consenting adults
Adult content, violent video games/ movies
Malicious false statements that hurt an individual’s reputation
Are not protected speech
Libel
written defamation
Slander
Spoken defamation
Libel & slander can
Both be prosecuted but standards for conviction are high
New York Times v Sullivan
Comments about public figures are only libelous if the person knew they were untrue & had malicious intent to harm the person
Symbolic speeach
Action that expresses an opinion
Protected by the first amendment
Tinker v Des Moines Independent School District (1969)
Wearing an armband to protest the Vietnam War
Texas v Johnson (1989)
burning the US flag is constitutional and a form of free speech
Restrictions on symbolic speeach
Can’t burn draft cards
Commerical speeach
Regulated by Federal Trade Commission
Regulations on commercial speech
Can’t make false claim
Prohibits advertising of items such as cigarettes
Restrictions of bad words on public airwaves
Federal Communications Commision
Regulates radio, TV, cable, & other media broadcasts
Freedom of Assembly
Right of citizens to gather together to make a statement
Forms of assembly
protest
picket
parade
Restrictions of assembly
Permit needed
Time, place, manner
Must stay on public property
Local gov’t can’t discriminate against a group
Right to associate with similarly minded people
is protected such as joining organizations
NAACP v Alabama (1958)
Alabama could not require NAACP to turn over its membership list
Second Amendment states
“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.”
Debate over second amendment
Right of states to create militias vs individual right to bear arms
District of Columbia v Heller (2008)
Right to bear arms isn’t connected to service in a militia
Laws restricting a citizens ability to use a gun for self-defense are unconstitutional
McDonald v Chicago (2010)
Second amendment is applicable to states through 14th amendment
Defendants’ Rights
Individuals accused of crime in US have a wide variety of Constitutional protections
4th Amendment
Protections against unreasonable searches & seizures
How can the gov’t legally search a property?
Need a warrant and a probable cause: good reason to suspect person is guilty
Exclusionary rule
Illegally obtained evidence can’t be used by the prosecution
Mapp v Ohio (1961)
evidence seized illegally without a warrant may not be used
Many exceptions for need of a warrant
Somebody is injured inside home
debate over technicality
5th amendment
Protects against self incrimination & burden of proof on prosecution
Can’t be forced to testify against yourself
Innocent until proven guilty
Miranda v Arizona (1966)
Ruled that police must inform an accused person of their rights
Rights of accused person
Right to remain silent, what you say can be used against you, right to attorney during questioning, right to attorney provided if can’t afford one
6th Amendment
Right to speedy & public trial Right to an impartial jury trial Right to be informed of all charges Right to confront accusers in court Right to producing supporting evidence & witnesses Right to legal counsel
Gideon v Wainwright (1963)
States must provide an attorney for indigent/poor
Habeas corupus
An individual can’t be held indefinitely without charge
Patriot Act (2001)
Gave gov’t new power of surveillance to stop potential terrorist
What did the Patriot Act allow?
No warrant needed to wiretap, searching library record, etcs
Guantanamo Bay Naval Base
US naval base where prisoners are being held
8th Amendment
forbids cruel & unusual punishment -> not exactly defined
Gregg v Georgia (1976)
Death penalty/ capital punishment not cruel and unusual punishment
Except for juveniles and mentally ill/ disabled
Right to privacy
No explicit mention in Constitution/ Bill of Rights
Inferred from other constitutional rights
Griswold v Connecticut (1965)
Court ruled that right to privacy is implied
Roe v Wade (1973)
Right to privacy protects a woman’s decision to end a pregnancy
Planned Parenthood v Casey (1992)
Restrictions on abortion were unconstitutional only if they placed undue burden on a woman seeking an abortion
Constitution stops the democratic majority from
curtailing the civil liberties of minorities
Provisions of Bill of Rights are continually being interpreted to
balance the power of gov’t and civil liberties of individuals
