PS 101 1st Edition Lecture 26 Outline of Last Lecture I. Selecting JudgesII. Supreme Court Norms and Procedures III. Judges and PoliticsIV. Interpreting the ConstitutionV. Judicial PolicymakingVI. The Court and Public OpinionOutline of Current Lecture I. What Are They?II. Constitutional FoundationsIII. Freedom of ReligionIV. Freedom of ExpressionV. Freedom of the PressVI. Less Protected ExpressionVII. Rights of the AccusedVIII. Modern Cases on Procedure IX. Right to PrivacyX. Enduring Dilemmas Current Lecture: Civil LibertiesI. What Are They?A. Basic political freedoms that protect citizens from governmental abuses of powerB. Things the government cannot do C. In contrast, civil rights guarantee individuals freedom from discrim-inationII. Constitutional FoundationsA. The battles over ratification and the Bill of RightsB. View that government itself is a threat to civil liberties and so what it cannot do must be spelled outC. Basic Protections1. Amendment #1—Freedom of religion, speech, press, assem-bly2. Amendment #2—Right to bear arms3. Amendment #4-8—Rights of the accusedThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.4. Amendment #9—Interpreted to include protections of per-sonal freedomsD. What’s The Tension?1. Most everyone agrees with civil liberties in the abstract, but how do you balance competing interests of liberty, security, order, etc.?2. War on terror a good example of this tension a. Is government wiretapping a necessary precaution, or aviolation of individual liberty?b. Should the Boston Marathon suspect have been “Miran-dized” or not?Public Opinion on Civil Liberties:III. Freedom of ReligionA. Protected by two clauses in the Bill of Rights B. Establishment clause1. Prohibits establishing a national religionC. Free exercise clause 1. Government cannot prohibit or interfere with the practice of religionD. Supreme Court’s general interpretation of these clauses?E. Government cannot directly sponsor or subsidize a religion, but cangive assistance that indirectly aids religious institutions F. No limits on freedom to believe, but some limits on freedom to practice a beliefG. What’s Allowed and What’s Not1. Prayer in school (whether compulsory or voluntary) seen as government encouragement of religion and so is not permitted2. Religious artifacts on public property sometimes ok, so long as their display is not done primarily to benefit religiona. No Ten Commandments in court buildings, but Nativity scenes along with secular symbols ok3. Schools can't teach religion, but they can't ban after-school meetings by student religious groups if that privilege is pro-vided to other groups IV. Freedom of ExpressionA. What does it include?1. Primarily freedom of speech and the press, logic also includespetition and assemblyB. Supreme Court’s general interpretation1. Individuals have the right to unrestricted discussion of public affairs, as long as public order is not directly threatened2. The “Clear and Present Danger” test (later clarified as “Direct Incitement” test)a. OK to advocate ideas, but not to incite violence C. What Else is Protected?1. Symbolic speecha. Nonverbal expression, such as the use of signs or sym-bols b. Campaign spending2. Hate speecha. Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientationV. Freedom of the PressA. Framers clearly meant to prohibit prior restraintB. Later expanded to include after-the-fact prosecutionC. Journalists have the right to not divulge their sources, but they are not protected from the demands of law enforcementVI. Less Protected ExpressionA. Fighting words 1. “By their very utterance” can incite violence B. Slander (spoken) and libel (written) false statements 1. If information about “public figures” turns out to be wrong, that’s not enough to make a case2. Must prove there was maliceC. Miller v. California (1973) identified 3 rules for defining obscenity (which is not protected)1. Taken as a whole, it appeals to prurient interest2. It portrays sexual conduct in a patently offensive way3. It lacks serious literary, artistic, political, or scientific valueD. Strict rules on vulgarity on television E. Commercial speech1. Companies have wide latitude in advertising2. Government can regulate it if the claims are patently mislead-ing or concern an illegal activity3. Public health concerns are not enoughVII. Rights of the AccusedA. Constitutional limits on state and national governments 1. No bills of attaindera. Laws that make a person guilty of a crime without a trial2. No ex post facto laws a. Laws that declare an action a crime after it has been performedB. Limits originally placed only on national government1. Protection against unreasonable searches and seizures 2. Can't be tried without a grand jury indictment3. No double jeopardy4. Can't be compelled to incriminate yourself5. Right to a speedy and public trial by jury6. Right to confront witnesses7. Right to an attorney8. No cruel and unusual punishmentC. Effects of the 14th amendment? D. Due process clause1. "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.”E. Means that limits on national government also apply to the statesVIII. Modern Cases on ProceduresA. Gideon v. Wainwright (1963) established right to counselB. Miranda v. Arizona (1966) ruled that suspects must be informed of their Constitutional rights before questioning them1. You have the right to remain silent2. Anything you say can be used against you in a court of law3. You have the right to talk to a lawyer before questioning 4. If you can’t afford a lawyer, one will be providedC. Mapp v. Ohio (1961) and U.S. v. Leon (1984) established the ex-clusionary rule1. Rule protects against unreasonable searches and seizure and applies to all levels of government 2. There are some “good faith exceptions” to the ruleIX. Right to PrivacyA. Constitutional foundations1. 9th Amendment, which protects rights not specifically enu-merated in the Constitution, used by SC to define the limits of government encroachment on personal autonomy B. Important cases1. Griswold v. Connecticut (1965)a. SC says that the Bill of Rights creates