Civil Liberties - Learning ObjectivesCivil LibertiesFinding the proper balanceTwo Approaches to finding BalanceProblems with Interpreting via Original IntentKeeping up with the timesModern Day ConsiderationsBill of Rights- A SummaryApplication of the Bill of RightsExtending the Bill of RightsApplication of Bill of Rights to States Supreme Court Decisions:Application of Bill of Rights to StatesSlide 13The First AmendmentFreedom of Speech- different types:Highlights in the History of Free SpeechKey Court Decision: Clear & Present DangerBad Tendency DoctrineHistory of the Freedom of Speech-2Restricting Speech- Court DecisionsReversing Restrictions on Speech: The Incitement StandardPublic Tolerance of Communism 1954–1998Summarizing Key Speech StandardsExpanding Free SpeechFreedom of Assembly and AssociationFreedom of the PressObscenity- The 3 part Test:Freedom of ReligionSecond AmendmentThe Supreme Court Rulings on the 2nd AmendmentRegulating Paramilitary GroupsProtections for Criminal SuspectsThe Fourth AmendmentThe Fifth AmendmentFifth Amendment (continued)The Sixth AmendmentThe Eighth AmendmentApplication to the StatesRight to PrivacyRoe v. Wade (1973)Slide 41Changing Court Rulings on PrivacyAssignment for Next Week (Week #4): Civil RightsCivil Liberties - Key TermsKey Terms (continued)11Civil Liberties - Learning Objectives•(1). Clarify the meanings of (1). Clarify the meanings of Civil libertiesCivil liberties versus that ofversus that of Civil rightsCivil rights..•(2). Discuss the impact of how the Constitution is interpreted & effect of (2). Discuss the impact of how the Constitution is interpreted & effect of original intent.original intent.•(3). Describe the origins & key features of the (3). Describe the origins & key features of the Bill of RightsBill of Rights and impact on and impact on State powers.State powers.•(4). Analyze the freedoms of the (4). Analyze the freedoms of the First AmendmentFirst Amendment::–Free SpeechFree Speech, its , its different types, different types, historic historic constitutional testsconstitutional tests & unprotected & unprotected speechspeech..–Freedom of PetitionFreedom of Petition and and Assembly & AssociationAssembly & Association, and how they are , and how they are regulated.regulated.–Freedom of the PressFreedom of the Press and its rights and limitations. and its rights and limitations.–Freedom of ReligionFreedom of Religion & & conflict between conflict between Establishment Establishment & & Free ExerciseFree Exercise ClauseClausess..•(5). Contrast the conflicting legal positions of (5). Contrast the conflicting legal positions of 2nd Amendment2nd Amendment rights and rights and limitations.limitations.•(6). Examine the (6). Examine the rights of criminal defendantsrights of criminal defendants, including: , including: writ of writ of habeas corpushabeas corpus, and prohibition against , and prohibition against bills of attainderbills of attainder and and ex post ex post factofacto laws. laws.•(7). Outline the rights protected by the: (7). Outline the rights protected by the: 4th, 5th, 6th, 4th, 5th, 6th, & & 8th 8th AmendmentsAmendments, to include:, to include: probable cause, search warrants, probable cause, search warrants, exclusionary rule, immunity, & Miranda Warningexclusionary rule, immunity, & Miranda Warning..•(8). Examine the right of privacy, & discuss its basis & impact, to include:(8). Examine the right of privacy, & discuss its basis & impact, to include:Roe v. WadeRoe v. Wade..22Civil Liberties•First ten amendmentsFirst ten amendments of Constitution of Constitution–Also Known As?Also Known As?The Bill of RightsThe Bill of Rights::Individual freedoms & protections Individual freedoms & protections (Prohibitions of Government powers affecting liberties)(Prohibitions of Government powers affecting liberties)Included areIncluded are::•Freedom of speechFreedom of speech•Freedom of religionFreedom of religion•Freedom to assembleFreedom to assemble peaceably peaceably•ProtectionsProtections if suspected, accused, or tried if suspected, accused, or tried33Finding the proper balanceFinding the proper balance•Problem: conflicting objectivesProblem: conflicting objectives–How to balance individual freedom with… ?How to balance individual freedom with… ?•Legitimate Legitimate interests & rights of societyinterests & rights of society–((The Public InterestsThe Public Interests))•A Matter of proper balance:A Matter of proper balance:Rights of IndividualRights of Individual Rights of Rights of SocietySociety44Two Approaches to finding Two Approaches to finding BalanceBalance•Interpreting the Constitution by & Interpreting the Constitution by & through:through:–1.1. Original Intent Original Intent … … or … or …–2. Interpretation IAW the changing times2. Interpretation IAW the changing times•What is What is Original IntentOriginal Intent? =>? => –The theory that judges should interpret the The theory that judges should interpret the Constitution by determining what the Constitution by determining what the founders intended founders intended when they wrote it.when they wrote it.•Chief Justice Chief Justice TaneyTaney & & Dred ScottDred Scott ( ( quoted in Text)quoted in Text)•Any problem with applying Original Intent?Any problem with applying Original Intent?Problems with Interpreting viaProblems with Interpreting viaOriginal IntentOriginal Intent•Whose Whose intent intent do we use?do we use?–The framers who drafted the constitution?The framers who drafted the constitution?–The state conventions who ratified it?The state conventions who ratified it?–The state legislatures elected by voters?The state legislatures elected by voters?•Exactly what was their “Exactly what was their “original intentoriginal intent”?”?•What do the words used mean exactly?What do the words used mean exactly?–And… What about the And… What about the intentionally intentionally ambiguous ambiguous terms used by the framers?terms used by the framers?66Keeping up with the timesKeeping up with the times•Oliver Wendell Holmes argued:Oliver Wendell Holmes argued:–The Constitution must be interpretedThe Constitution must be interpreted “…in light “…in light of our whole experience and of our whole experience and not merelynot merely in the in the light of what was said a hundred years ago.”light of what was said a hundred