Civil Liberties & Civil RightsSlide 2DefinitionSlide 4Slide 5Slide 61st Amendment IssuesSlide 8Religious FreedomSlide 10Slide 11Slide 12Slide 13Slide 14Slide 15Slide 16Slide 17Slide 18Slide 19Freedom of ExpressionSlide 21Slide 22Other Speech RightsSlide 24Freedom of the PressSlide 26Slide 27Slide 28Slide 29Slide 30Freedom to AssembleSecond AmendmentThird AmendmentRights of the AccusedSlide 35Slide 36Slide 37Slide 38Slide 39PowerPoint PresentationSlide 41Slide 42Slide 43Slide 44Slide 45Death PenaltySlide 47Other RightsSlide 49Slide 50Civil Liberties & Civil RightsUS PoliticsCivil Liberties & Civil RightsDefinition/Distinction1st Amendment IssuesRights of the Accused & Criminal JusticeCivil RightsDefinitionCivil Liberties Civil RightsDefinitionCivil Liberties -- Rights that need protection from the governmentCivil Rights -- Rights that need protection by the governmentDefinitionJudicial Review Marbury v. Madison (1803)Incorporation TheoryGitlow v. New York (1925)DefinitionJudicial Review: power of the Supreme Court to determine the meaning of the constitutionIncorporation Theory: applying the protections of the Bill of Rights to the actions of state governments via the 14th Amendment1st Amendment IssuesFirst Amendment rights include:Religious FreedomFree SpeechFree PressFree Assembly1st Amendment IssuesReligious Freedom has 2 componentsAnti-establishmentFree ExerciseReligious FreedomAnti-Establishment clause1971 - Lemon v. KurtzmanAid must be secular in intentIts primary effect can neither enhance nor inhibit religionGovernment must avoid “excessive entanglement” with religionReligious FreedomIs aid -- tax dollars -- to church related schools permissible?Courts have ruled that it is ok for tax dollars to be spent on: school lunch, transportation, speech/hearing support, standardized tests, computer purchases and internet access, vouchers; subject to Lemon test restrictionsReligious FreedomSchool Prayer?Mandatory?Daily bible readings? Moment of silent prayer? Moment of silence for non-religious reasons?No. Engel v. Vitale (1962)No. Abington School District v. Schempp (1963)No. Wallace v. Jaffree (1985)Yes. Brown v. Gwinnett County S.D. (1997)Religious FreedomPrayer outside of schoolPermissible to have religious leaders not affiliated with school at “official” school events?Permissible to have student led prayer at official school events?No (Lee v. Weisman [1992])Yes. Santa Fe Independent S.D. v. Doe (2000) student led prayer okay, but can’t use PA systemReligious FreedomPermissible to have school functions (e.g., graduation) in a church, with religious icons on display?To be determined; case from Tennessee working its way through the courts nowReligious FreedomDisplay of Ten Commandments?*Permissible if part of other document display and not given special “pride of place” treatment (Van Orden v. Perry [2005])Depends. Stone v. Graham (1980) -- display of Ten Commandments is permissible, but cannot be required or mandated by the state*McCreary County v. ACLU (2005) -- cannot mandate display of 10 commandments in courtroomsReligious FreedomEvolution vs. CreationismEdwards v. Aguillard (1987) -- states cannot mandate teaching of biblical creationismReligious FreedomKitzmiller et. al. vs Dover Area School District (2005)State cannot mandate teaching of “Intelligent Design” in the science curriculumReligious FreedomFree ExerciseDistinction between belief and practiceCourts have upheld state intervention in religious practicesDrug Use permissible?No. Oregon v. Smith (1990)Yes. Gonzales v O Centro Espirita Benficiente Unaio do Vegetal (2006)Religious FreedomFree ExerciseIs animal sacrifice permissible?Yes. Church of the Lukumi Babalu Ayev. City of Hialeah (1993)Religious FreedomFree ExerciseDistinction between belief and practiceExemptions for religious groups for various regulatory requirements:faith healingimmunization exemption reporting infectious disease exemptionchild neglect exemption licensing exemptionPeople vs. Cole, 219 N.Y. 98, 113 N.E. 790 (1916)People vs. Vogelgesang, 221 N.Y. Reports 290 (1917). N.Y. Court of Appeals.Freedom of ExpressionFree speech provisionsPermitted RestrictionsSchenck v. United States (1919) - “clear and present danger”Gitlow v. New York (1925) - “bad tendency”Brandenburg v. Ohio (1969) - “incitement to imminent lawlessness”Freedom of Expression“Beyond the Pale” unprotected speechObscenityFighting WordsHeckler’s VetoHate SpeechSlanderAdvocate illegal activitiesFreedom of ExpressionNo. Morse v. Frederick (2007). Students could be suspended for unfurling banner held to advocate the use of illegal drugsIs this protected speech?Other Speech Rights“Symbolic” Speech and the First Amendment... protected or not?YesTinker v. Des Moines School District (1969)Other Speech RightsSymbolic SpeechIs Flag burning protected?*It’s also the official way of disposing of old flags.Yes Texas v. Johnson (1989) flag burning as part of a peaceful protest is protected by the First Amendment*Freedom of the PressIn general, same protections as speech with some permissible restrictionsnational securitycensorship permissible if protects national securityFreedom of the Press“fair trial” issuesprotect witnessesprotect accusedFreedom of the PressPrint vs Non-print mediaPrint has greater protectionNon-print, distinction between finite and non-finite transmission modeBroadcast vs cable/satelliteMore restriction on broadcastLicensing and rulesFreedom of the Press“Beyond the Pale” unprotected pressLibelKnowingly publish with reckless disregard for the truth statements known to be false and injurious to person’s character, reputationFreedom of the PressPornography/ObscentiyRoth v. United States (1957)Miller v. California (1973)Freedom of the PressMiller v California (1973)Average Person finds it violates contemporary community standardsWork taken as a whole appeals to a prurient interest in sexWork depicts patently offensive sexual conductWork lacks serious redeeming literary, artistic, political, or scientific meritFreedom to AssembleBalance right to free association with right for public orderPermissible for localities to require permits in order to