Civil Liberties

Should universities and high schools be able to restrict any

behavior, verbal or physical, that stigmatizes or victimizes an
individual on the basis of race, ethnicity, religion, sex, sexual
orientation, creed, national origin, ancestry, age, marital status,
handicap, or veteran status?
Monday September 12, 2016

What often happens to civil liberties during times of conflict, war, or terrorism?
How do you feel about this? Is this avoidable?
September 8, 2016

Find a political cartoon

representing the presidential
campaign today
September 13, 2016

List every group that you

think/know is included in the
historically disadvantaged
population.
POP Quiz----told you it would
happen

What 5 FRQ verbs are used most often?

Define those 5 verbs (according to FRQ

guidelines) and tell me how many sentences are
necessary for each, at minimum.
Civil Liberties vs. Civil Rights

Civil Liberties - Personal Civil Rights -

guarantees and freedoms Government-protected
that the government rights of individuals
cannot abridge by law, against arbitrary or
constitution, or judicial discriminatory treatment
interpretation by governments or
Limits power of government individuals
Freedom of or Freedom Freedom from
to
Natural rights as citizens
Incorporation using the 14th
Amendment

Prior amendments included Congress shall make no such law said nothing of
states
Section I of 14th Amendment: No state shall to ensure it was applied uniformly to
all state governments
But thats the 14th.what about the rest of them?
SCOTUS used 14th amendment to extend 1st Amendment freedom of speech to the states
with Gitlow v. New York
And so began the long process of incorporating the Bill of Rights within the states

SEE CHART ON PAGE 108 OF TEXTBOOK FOR FULL LIST

Freedom of Religion

2 Principles within 1st Amendment Freedom of Religion

Establishment Clause no church or religion can be officially
supported by US government (separation of church and state)
Free Exercise Clause government cannot keep individuals
from practicing religion of their choice (or not practicing a
religion at all)
Establishment Clause & Conflict

Conflicts abound!!!
Can governments provide aid ($$$) to religious schools?
Is school prayer allowed?
Teaching evolution vs. creationism?
Posting Ten Commandments in public buildings? Decorating government buildings for
Christmas?

The government (at all levels) can not promote or discriminate about religious groups
or displays.
Lemon v. Kurtzman (1971)

Issue: Could government aid go to schools (private or otherwise) that are centered
around religion?
Decision: YES but the aid must follow 3 guidelines the Lemon Test
Be secular in purpose (buying history textbooks for example)
Cannot be intended to advance or inhibit religion
No excessive government entanglement with religion

Still looked at on a case-by-case basis

Engel v. Vitale (1962)

Issue: School Prayer - parents took issue with the school-led prayer over the PA system
even though no particular religion was supported (according to the school)
Decision: no group, business, or school can compose official prayer and/or require any
group of people to recite it
Abington School District v. Schempp upheld that Bible readings & Lords Prayer were
not allowed in public schools
Wallace v. Jaffree SCOTUS struck down Alabamas attempt to impose one minute of
silence for prayer or meditation - moment of silence is ok as long as schools make it clear
that it isnt for religious purposes
Lee v. Wiseman opens the door of student-led prayers at events becomes largely
dependent on community interpretation
Other Establishment Cases

Edwards v. Aguillard (1987) LA schools could

not FORCE public schools to teach evolution AND
creationism
Santa Fe ISD v. Doe (2002) SCOTUS overturned
TX law that allowed HS students to read a prayer
at athletic events
Free Exercise Clause

Reynolds v. United States (1879) SCOTUS upheld federal law

prohibiting polygamy
Wisconsin v.Yoder (1972) WI could not require Amish parents to
send children to public school after 8th grade
Employment Division of Oregon v. Smith (1990) SCOTUS ruled
that OR could fire employees for using drugs as part of religion
Church of Lukumi Babalu v. City of Hialeah (1993) Rules banning
animal sacrifice ruled unconstitutional b/c it discriminates against
Santeria
 Freedom of Expression

HOT BUTTON ISSUE! LOTS OF CASES!

Types of Speech
Pure Speech: most common form-verbal speech- given the most
protection by SCOTUS
Speech Plus: verbal & symbolic speech used together- rallies,
picketing occasionally limited by SCOTUS
Symbolic Speech: actions/symbols to convey an idea instead of
words burning draft card or flags can be restricted if it threatens
public safety (mobs/riots)
 Freedom of Speech: Court Cases

Schenck v. United States (1919) Schenck convicted of encourage

disobedience of military orders SCOTUS ruled that such speech isnt
protected during WARTIME b/c could create clear & present danger
Chaplinky v. New Hampshire (1942) 1st Amendment doesnt protect
fighting words
Tinker v. Des Moines (1969) wearing black armbands to protest
Vietnam War ruled protected symbolic speech
Texas v. Johnson (1989) flag burning ruled protected form of symbolic
speech
Reno v. ACLU (1997) Communications Decency Act ruled
unconstitutional b/c it was too broad
 Commercial Speech

Valid restrictions of commercial speech:

False statements Youll lose 20lbs in one week!
Guaranteed!
Advertising for illegal or restricted products
Advertising alcohol or tobacco to minors
 Unprotected Speech

Obscenity I know it when I see it but this definition changes with time
General rules:
Average person finds that it violates contemporary community standards
Work as a whole is prurient in sex
Contains offensive sexual conduct
Lack redeeming artistic, literary, political, or scientific merit (these change over time)
Osborne v. Ohio (1990) SCOTUS ruled that states can outlaw possession
of child pornography in ones home
Childrens Internet Protection Act latest of many requires schools have
filtering software to block potentially harmful content
Freedom of the Press

Exclusions include:
Libel
Intended malice
Gag orders in court proceedings
 Freedom of the Press

Near v. Minnesota (1931) protected press within the states

under Due Process Clause
New York Times v. Sullivan (1964) - protected statements
about public officials
New York Times v. United States (1971) SCOTUS reaffirmed
position on prior restraint would not stop the publication of
Pentagon Papers
Hazelwood School District v. Kuhlmeier (1988)- SCOTUS ruled
in favor of censorship of school newspapers as long as
censorship was for legitimate concerns
 Peaceful Assembly & Petition

Protected in both private & public places

Dejonge v. Oregon (1937) SCOTUS ruled that assembly was protected in all states under
Due Process Clause
Restrictions allowed:
Must have a permit, if required by location
Public facilities that are not open to general public (schools, airports, jails) may be restricted from
demonstrations
Restrictions must be strictly words & applied to all groups equally
Right to assemble does not allow groups to use private property for their own uses
Police may disperse demonstrations to keep peace or protect the public safety (if it starts to turn
violent)
 Rights of Criminal Defendants

Writs of habeas corpus court orders require authorities to prove

that they are holding someone lawfully & reqs release if they
cannot right to know the charges of which they are being
accused

14th Amendment extends rights of the accused to all states

 Rights of Criminal Defendants

4th Amendment - No illegal search & seizure

Wolf v. Colorado (1949) applied to states under 14th Amendment due process clause
Mapp v. Ohio (1961) evidence obtained w/o warrant is excluded from trial sets up
Exclusionary Rule
Terry v. Ohio (1968) Searches of criminal suspects are constitutional & police may
search them for safety reasons
Nix v. Williams (1984) Allows evidence found through illegal means to be included in
trial if they can prove that evidence would have been found anyway
United States v. Leon (1984) established good faith exception to the exclusionary rule
 Rights of Criminal Defendants

5th Amendment Self Incrimination

Miranda v. Arizona (1966) suspects must be made aware of
their rights

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
an attorney. If you cannot afford an attorney, one will be
provided for you. Do you understand the rights I have just read
to you? With these rights in mind, do you wish to speak to me?
 Rights of Criminal Defendants

6th Amendment Right to an attorney

Powell v. Alabama 14th A guarantees defendants in death penalty cases
an attorney
Betts v. Brady poor defendants in noncapital cases are not entitled to
attorney at govt expense
Gideon v. Wainwright In state trials attorneys will be provided to those
who cannot afford it (overturns Betts v. Brady decision)
Escobedo v. Illinois extended exclusionary rule to illegal confessions
Escobdeo Rule have the right in an attorney as soon as investigation begins
 Rights of Criminal Defendants

8th Amendment Cruel & Unusual Punishment

Furman v. Georgia death penalty ruled unconstitutional under existing
state law b/c was imposed arbitrarily
Gregg v. Georgia death penalty ruled constitutional because it was
imposed based on circumstances of the case.

DEATH PENALTY IS DECIDED BY THE STATES IT IS LEGAL IN SOME BUT

NOT IN OTHERS!
 Civil Rights
1. African Americans 4. Women
2. Immigration & Latino Americans 5. Disabled Americans
3. LGBTQ Americans

Each group will provide a thorough history of their historically disadvantaged group and
their struggle for each rights, including:
. Historical background
. Ways in which the population has been disadvantaged or discriminated against
. Laws/Executive Actions/Amendments relevant to their obtaining equal rights
. Current state of the population
. Future outlook what needs to change for these people, what laws need to be passed,
what we do next