Slide 1OverviewCivil Liberties Recap1st AmendmentExpressionExpressionExpressionExpressionExpressionExpressionAssemblyAssemblyAssemblyAssembly2nd Amendment2nd Amendment2nd Amendment3rd AmendmentDefendants’ RightsDefendants’ RightsDefendants’ RightsDefendants’ Rights8th Amendment8th Amendment8th Amendment9th Amendment10th AmendmentRight to Privacy?Right to Privacy?Right to Privacy?IncorporationIncorporationIncorporationWrap-upPOLS 206: American National GovernmentMegan K. Dyer September 30, 2014Today:•1st Amendment•Speech & press•Assembly•2nd Amendment•Defendant’s rights•A right to privacy?•IncorporationOverviewCivil liberties: •Constitutional & legal protections against gov’t action.•Set out in the Bill of RightsCivil Liberties Recap1st Amendment•4 “great freedoms”•Religion•Speech•Press•Assembly1st AmendmentFreedom 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?ExpressionCan gov’t censor speech it believes will violate the law?•Very clear: NO prior restraint•Gov’t cannot censor•After publication?ExpressionUnprotected speech•Incitement to imminent harm•e.g. “Yelling ‘fire!’ in crowded theater” •Obscenity•What is obscene?•Libel & slander •Public figures v. private individualsExpressionWhat counts as speech?•~ broad interpretation•Symbolic speech•Nonverbal communications that do not consist of speaking or writingExpressionWhat speech is protected?•political speech v. commercial speech•e.g. campaign contributions•e.g. advertisingExpressionWhat 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?ExpressionFreedom of Assembly - “to peaceably assemble”•basis for all groups & organizations in civil society•Not only political groups•Two parts: 1. right to assemble2. right to associateAssemblyRight to Assemble•Absolute?•Liberty v. order•reasonable limits often upheld•Time•Place•Manner of the assembly•Aside: free speech zonesAssemblyRight to Associate•Expressive associations•Members united by particular values/ ideology•Why protect this?AssemblyA right NOT to associate?•Groups have some power in controlling their membership•Not absolute•e.g. California Democrats•e.g. Boy ScoutsAssemblyRight 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 AmendmentRight to Bear ArmsInterpretation 1: •An individual right Interpretation 2: •Collective right to bear arms•contingent upon participation in a citizen militia 2nd AmendmentRight to Bear Arms•Framer’s views? Modern applicability?•Which interpretation is correct?•D.C. v. Heller (2008):•confirmed individual right•for traditional lawful purposes2nd Amendment3rd Amendment - “obsolete”?•Quartering of troops•Why might we start to care?3rd Amendment4th, 5th, 6th, 7th, & 8th Amendments•protections to those accused of crimes•Intention – political arrests & trials•Today – criminal casesDefendants’ Rights4th Amendment•No unreasonable search & seizure•Gov’t must have probable cause to get a specific warrant to search•Car, house, or personDefendants’ Rights5th & 6th Amendments•Rights of the criminally accused•Against improper judicial processes•Lots of rights! •Knowing them?•Miranda v. Arizona (1966)Defendants’ Rights7th Amendment:•right to trial in civil suits•Jury's’ fact findingsDefendants’ Rights8th Amendment:•Right to reasonable bail and/or fines•Forbids cruel & unusual punishment8th AmendmentWhat 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 AmendmentDeath 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”8th AmendmentThe 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 29th AmendmentThe 10th Amendment:•Reserved powers10th AmendmentRight to Privacy?•Where is it?•Griswold v. Connecticut (1965)•“penumbras formed by emanations of those [other] guarantees”Right to Privacy?Other rights 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”Right to Privacy?To whom does the Bill of Rights apply?•“Congress shall make no law…”•Barron v. Baltimore (1833)IncorporationCivil War Amendments•14th Amendment - Due process clause“Nor shall any State deprive any person of life, liberty, or property, without due process of law”• IncorporationIncorporationGitlow v. New York (1925)•Begins incorporation of “fundamental personal rights & liberties”•Incorporation: application of Bill of Rights to states•Selective incorporationIncorporationNext: Civil