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					*Civil Liberties*
       vs.
 *Civil Rights*
 LIBERTIES: Guarantees to the
   citizens; restraints on the
          government

RIGHTS: has traditionally revolved
 around the basic right to be free
from unequal treatment based on
 certain protected characteristics
   (race, gender, disability, etc.)
 Most of our Liberties
 are contained in the…
   Bill of Rights

1st Ten Amendments to
 the U.S. Constitution
  Pre-Bill of Rights Liberties
• Habeas Corpus
  (Held w/o reason)
• Lawmakers cannot pass
  Bills of Attainders
   (guilt w/o trial)
  Pre-Bill of Rights Liberties

• No Ex Post Facto laws
   (after the fact)
• Citizens of all states treated
  equally
• No religious qualifications for
  seeking political office
Rights are Relative,
   not Absolute!
   We will divide the Bill of Rights
           into 4 sections:

• The Right to           •Protection
  Participate in         from
  the Political          Courts and
  Process                Cops
• Protection   •And what
  of States’   we’ll simply
  Rights       call: “Other
               Rights”
         “Incorporation”
• The Bill of Rights was written to
  protect citizens from the Federal
  government.
• Do these apply to STATE
  governments?
• 14th Amendment “incorporated”
  almost all the BOR to apply to states
• 3rd, 7th NOT incorporated (and 9, 10)
    Most Cases involved
incorporating an amendment
   OR a violation of the 14 th

  amendment was claimed.
   Today, with (almost) all amendments
  incorporated, we see 14th amendment
                 violations
      14 th   Amendment
 Everyone born or naturalized in
    the U.S. is subject to the
     jurisdiction of the U.S.

   NO STATE shall deprive any
 citizen of life, liberty or property
without due process; nor deny any
person equal protection of the law
 The Two Important Parts of
         the 14th:
    #1 Due Process

Procedural – gov’t acts fairly
  Substantive – actual law
    must be reasonable
#2 Equal Protection
   under the law
       Part One
Freedoms intended to
    give citizens
 participation in the
  political process
  • Speech
   • Press
 • Religion
• Assembly
 • Petition
     Freedom of Speech
     Not just the use of
               words….
Anything from books and movies,
    to flag burning as well as
    t-shirts and pornography
  are covered by free speech
       Seditious Speech
• Schenck. v. U.S., 1919
“Clear and Present Danger Rule”
• Gitlow v. NY, 1925: upheld
  Schenck against communists
• Brandenburg v. Ohio, 1969
  KKK and violent speech
        Symbolic Speech

• Tinker v. Des Moines School
  District, 1969

• Students wearing armbands to
  protest the Vietnam War
• Applies to other types of t-shirts
  as well
Flag Burning is symbolic speech
• U.S. v. Eichman, 1990

• Allows the burning of U.S. flags
  as protest
      Commercial Speech
• Advertising is generally protected
  speech
• False ads not allowed
• Bigelow v. Virginia, 1975: Ads for
  abortion clinics allowed
• States cannot ban ads for
  gambling, they can ban ads for
  tobacco
      Commercial Speech
• Wooley v. Maynard, 1977:
  New Hampshire “Live Free or
  Die” Motto on license plates
• JN36TN,
• 2010 2nd Circuit allowed saying
  states ban on religious plates had
  been unevenly applied:
  “Genesis”)
         Obscenity Laws
• Many different community standards;
  Courts have decided that cities may
  decide where these establishments
  are located.
• Ruled types of “dancing” can be
  limited
• Big ‘ole Can of worms opened
  here…..
         Obscenity Cases
• Roth v. U.S., 1957 Defined obscenity,
  could not mail it
• In Memoirs v. Mass.,1966 the court
  viewed porn to decide what was and was
  not obscene
• Miller v. California, 1973 overturned
  Roth, yet still obscenity isn’t always
  protected…..
Local communities can
issue obscenity laws…

 For example, you can own,
  but not sell because of…
   Stanley v. Georgia, 1969
• established the right to own
  pornography
• Establishes a right to privacy

• Osborne v. Ohio (Columbus),
  1990 : Child Porn is never
  acceptable
The most famous case that
came from Stanley decision:
• Roe v. Wade, 1973
The most famous case that
came from Stanley decision:
• Roe v. Wade, 1973 :
• #1 First trimester the state cannot
  intervene
• #2 Second trimester, the state can
  make reasonable restrictions where
  and how
• #3 Third trimester CAN be outlawed
    Freedom of Religion
Locke credited with “separation
 of church and state”
Phrase not in our Constitution
Jefferson’s letter to the Danbury
 Baptists: “Wall of separation”
Used by the court as original
 intent of the 1 st amendment
Freedom of Religion


“Establishment Clause”
        and the
“Free Exercise Clause”
     Establishment Clause
• “separation of church and state”
• Most cases deal with religion and
  education
• Everson v. Board of Education,
  1947: busing and catholic schools
        The “Lemon” Test
• Lemon v. Kurtzman, 1971
#1 Purpose of public money must
  be secular (worldly, non-religious)
#2 $ must not hurt or help religion
#3 $ must avoid “excessive
  entanglement” between gov’t and
  religion
     Free Exercise Clause
• Not always free!
• Reynolds v. U.S., 1879:
  Polygamy
• Church of Lukumi Babalu Aye:
  marijuana & sacrifices
 Sometimes it is Free Exercise
• Wisconsin v. Yoder, 1972: Amish
  children and the 8th grade
• W. Virginia Board of Education v.
  Barnette, 1943: Mandatory flag salute
  unconstitutional
    Assembly and Petition
• “Right of Association”:
• Boy Scouts v. Dale, 2000:
  Homosexuals do not have the
  right to be admitted to private
  organizations if it stops the
  organization from spreading their
  “message”
      Part Two

Protection from Courts
      and Cops
• 4th Amendment – Search and
  Seizure

• Exclusionary Rule: Illegally obtained
  evidence cannot be used
  Weeks v. U.S, 1914 (lottery tix)

• Minnesota v. Carter, 1999
  “Plain View” (nominees for dumbest criminals ever)
           Mapp v. Ohio, 1961

•   4 thAmendment applied to all
    state officials, such as state
    and local police, as well
         (INCORPORATION)
 Other Exclusionary Rule Cases

• Nix v. Williams, 1984: evidence
  can be used if it would have
  turned up eventually (body)
• Maryland v. Garrison, 1987:
  “honest mistakes” (two apts)
• Arizona v. Evans, 1995: “Good
  Faith” (wrong name on warrant)
  Does Drug Testing violate 4th
         Amendment?
• Various cases have allowed
  random drug testing in certain
  cases
• Veronica School District v. Acton,
  1995: Students in extra-curricular
  activities
        • 5th Amendment:
     • Grand Jury indictments
             (not incorporated)

       • No “double jeopardy”
          • Self incrimination
• Life, liberty, property without Due
                 Process
  • Private property not taken w/o
              compensation
         • 6th Amendment
               • Speedy
             • Public trial
         • Right to counsel
    • Right to jury of your peers
• The right to address your accuser
Speedy?? Barker v. Wingo, 1972
• Length of the delay?
• Reason for delay?
• Has delayed harmed the
  defendant?
• Defendant ask for a prompt trial?
     Ohio’s Speedy Trials

• In Jail = 90 days
• Out of Jail = 270 days

• Defendant can always waive
  their right to a speedy trial by
  signing a form
      Right to an Attorney
• Gideon v. Wainwright, 1963
• Florida law: Capital cases only
   "You have the right to remain
 silent. Anything you say can and
will be used against you in a court
  of law. You have the right to be
speak to an attorney, and to have
  an attorney present during any
questioning. If you cannot afford a
  lawyer, one will be provided for
   you at government expense."
   Miranda v. Arizona, 1966
• 8th gr. Drop out Ernesto Miranda
• Essential to protecting:
  --5th amendment self-incrimination
  --6th amendment right to counsel
• Only have to administer Miranda
  if interrogations are in order
     The “Miranda Warning”
• The Rest of the story…..
             However…
• Illinois v. Perkins, 1990 :
  Undercover cops
• 7th Amendment – jury trial in civil
  suits involving $20.00 or more
          (no 6th/counsel)
• 8th Amendment – No cruel and
  unusual punishment, no
  excessive bail and fines
     Death Penalty Cruel and
            Unusual?
• TWO types of Capital Cases:
• #1: State laws making certain
  cases punishable by death
• Capital Cases are two part:
  1) decide guilt
  2) decide if death is appropriate
    Death Penalty Cruel and
           Unusual?
• Kennedy v. Louisiana,2008 –
  rape of child (Coker v. Georgia,
  1977 – rape of an adult) death
  penalty only for those who kill
  (except Treason)
• Gregg v. Georgia, 1976 ruled the
  two part cases constitutional
  (Furman v. Georgia)
    Death Penalty Cruel and
           Unusual?
• Atkins v. Virginia, 2002 death
  cannot be imposed on mentally
  challenged
• Roper v. Simmons, 2005 cannot
  be imposed on minors
     #2 Death for Treason
--Levying War against the U.S.
--Giving “aid and comfort” to our
  enemies
Some Notable Treason Cases
• The Rosenbergs
• John Brown
• Philip Vigol/John Mitchell,
  pardoned by GW
• Mary Surratt and 3 others
• William Bruce Mumford
    Part Three

Protect the Rights of
       States
• 10th Amendment – Rights not
  given the Federal government,
  nor denied the states, are given to
  the states

(reserved powers we discussed these earlier in
  the year)
     Part Four
What we’ll call
“Other” Rights
     2nd   Amendment
• JUST Incorporated
McDonald v. Chicago, 2010
• State and local laws are
  acceptable, as long as….
•   3 Amendment – Troops
      rd

  may not be quartered in
  homes during peacetime.
• 9th Amendment – Unlisted
  rights are not necessarily
  denied
• Right to privacy? (3, 4, 14?)

				
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