POLS 206 American National Government Megan K Dyer September 30 2014 Overview Today 1st Amendment Speech press Assembly 2nd Amendment Defendant s rights A right to privacy Incorporation Civil Liberties Recap Civil liberties Constitutional legal protections against gov t action Set out in the Bill of Rights 1st Amendment 1st Amendment 4 great freedoms Religion Speech Press Assembly Expression Freedom of Expression Speech Press Absolute In practice Can gov t censor speech it believes will violate the law What is speech What speech is protected Expression Can gov t censor speech it believes will violate the law Very clear NO prior restraint Gov t cannot censor After publication Expression Unprotected speech Incitement to imminent harm e g Yelling fire in crowded theater Obscenity What is obscene Libel slander Public figures v private individuals Expression What counts as speech broad interpretation Symbolic speech Nonverbal communications that do not consist of speaking or writing Expression What speech is protected political speech v commercial speech e g campaign contributions e g advertising Expression What speech is protected Restrictions that would have a chilling effect on democratic dialogue generally not upheld e g hate speech Should gov t make these judgments Assembly Freedom of Assembly to peaceably assemble basis for all groups organizations in civil society Not only political groups Two parts 1 right to assemble 2 right to associate Assembly Right to Assemble Absolute Liberty v order reasonable limits often upheld Time Place Manner of the assembly Aside free speech zones Assembly Right to Associate Expressive associations Members united by particular values ideology Why protect this Assembly A right NOT to associate Groups have some power in controlling their membership Not absolute e g California Democrats e g Boy Scouts 2nd Amendment Right to Bear Arms 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 Why the preamble Militia Purposes 2nd Amendment Right to Bear Arms Interpretation 1 An individual right Interpretation 2 Collective right to bear arms contingent upon participation in a citizen militia 2nd Amendment Right to Bear Arms Framer s views Modern applicability Which interpretation is correct D C v Heller 2008 confirmed individual right for traditional lawful purposes 3rd Amendment 3rd Amendment obsolete Quartering of troops Why might we start to care Defendants Rights 4th 5th 6th 7th 8th Amendments protections to those accused of crimes Intention political arrests trials Today criminal cases Defendants Rights 4th Amendment No unreasonable search seizure Gov t must have probable cause to get a specific warrant to search Car house or person Defendants Rights 5th 6th Amendments Rights of the criminally accused Against improper judicial processes Lots of rights Knowing them Miranda v Arizona 1966 Defendants Rights 7th Amendment right to trial in civil suits Jury s fact findings 8th Amendment 8th Amendment Right to reasonable bail and or fines Forbids cruel unusual punishment 8th Amendment What makes something cruel unusual Not just severity Severity Furman v Georgia 1972 Overturned GA death penalty laws b c it was applied in a wholly arbitrary fashion 8th Amendment Death penalty cruel unusual by today s standards arbitrary administration v inherently cruel Gregg v Georgia 1976 Reinstated capital punishment an extreme sanction suitable to the most extreme of crimes 9th Amendment The 9th Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people Interpretive rule Recall Federalist 84 v Brutus 2 10th Amendment The 10th Amendment Reserved powers Right to Privacy Right to Privacy Where is it Griswold v Connecticut 1965 penumbras formed by emanations of those other guarantees Other rights Right to Privacy Right to Privacy Gen right to a private personal life free from gov t intrusion Controversial Logical result of other rights Absolute When does it come up Right to Privacy Right to Privacy Limits conflicts Roe v Wade 1973 Trimester system 1st trimester Strict Scrutiny Planned Parenthood v Casey 1992 undue burden Incorporation To whom does the Bill of Rights apply Congress shall make no law Barron v Baltimore 1833 Incorporation Civil War Amendments 14th Amendment Due process clause Nor shall any State deprive any person of life liberty or property without due process of law Incorporation Incorporation Gitlow v New York 1925 Begins incorporation of fundamental personal rights liberties Incorporation application of Bill of Rights to states Selective incorporation Wrap up Next Civil Rights