Fundamental American Liberties Chapter 5 In this chapter we will learn about The meaning of rights in a democratic society The Bill of Rights Freedom of religion Freedom of speech and of the press The right to bear arms The rights of people accused of crimes The right to privacy Conflicting rights Rights conflict in two ways Individual rights conflict E g school prayer Individual rights vs the good of society E g drug laws Solving conflicts about rights The courts Congress The president The people Civil liberties vs civil rights Civil liberties Rights spelled out in the Bill of Rights the first ten amendments to the Constitution These rights limit the control the government can have over citizens lives Civil rights Rights spelled out in the 13th 14th 15th and 19th Amendments as well as many laws passed by Congress These laws attempt to provide equal treatment for those traditionally underrepresented in our political system The Bill of Rights First ten amendments Opposed by Hamilton in Federalist No 84 Supported by Anti Federalists Eventually used as a compromise to help ratify the Constitution The First Amendment Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances The establishment clause First Amendment guarantee that the government will not create and support an official state religion The government must be careful to make sure nothing it does appears to make it endorse any religion Separationists vs accommodationists The free exercise clause First Amendment guarantee that citizens may freely engage in the religious activities of their choice There must be a compelling state interest to limit religious freedom Sherbert v Verner 1963 There need not be a compelling state interest to limit religious freedom Employment Division Department of Human Resources v Smith 1988 as long as a particular religious practice is not targeted Free exercise cont d In 1993 Congress passed the Religious Freedom Restoration Act RFRA which sought to restore the compelling interest standard In Gonzales v UDV 2006 the Supreme Court said that the RFRA remains applicable to federal statutes which must therefore still meet the compelling interest standard in free exercise cases Freedom of expression Informed citizenry Watchdog for government Voice for the minority Preservation of the truth Freedom of the press Restrictions on sedition Concerns about this issue come up with freedom of the press or peaceful assembly scenarios Bad tendency test Clear and present danger test Imminent lawless action test Freedom of the press cont d Prior restraint Libel Difference between libel and slander Restricting other types of speech Symbolic speech Obscenity and pornography Fighting words and offensive speech The Second Amendment 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 The right to bear arms In defense of an individual right to bear arms In opposition to an individual right to bear arms Protect hunting and other leisure activities Self defense Protect family and property Not the government s business to regulate gun use Supreme Court rules Second Amendment guarantees an individual right to bear arms 2008 However such a right is not unlimited 2010 Arguments in favor don t apply to the amendment Gun control leads to less violence and fewer gun related deaths No right is absolute The rights of criminal defendants These rights are spelled out in the 4th 5th 6th and 8th Amendments Protection against unreasonable searches and seizures Fourth Amendment The exclusionary rule Protection against self incrimination and double jeopardy Fifth Amendment Miranda rights Also includes right to be faced with your accuser at trial The rights of criminal defendants cont d Right to counsel Sixth Amendment Gideon v Wainwright 1963 Protection against cruel and unusual punishment Eighth Amendment Furman v Georgia 1972 McClesky v Kemp 1987 Baze v Rees 2008 The right to privacy Not spelled out directly in the Constitution Court said it emanates from the penumbras of the Bill of Rights Very controversial Reproductive rights Griswold v Connecticut 1965 Roe v Wade 1973 Gay rights Bowers v Hardwick 1986 Lawrence v Texas 2003 The right to privacy cont d The right to die Suspending treatment E g Terri Schiavo case The terminally ill E g The Oregon case A Bill of Obligations What should one look like Voting Military service Others