endowed by their Creator with certain unalienable Rights Civil Liberties the Bill of Rights U S Constitution Bill of Rights Amendments 1 10 Text Chapter 4 Civil Liberties 3 blue books TA before midterm Lecture Notes 8 27 2013 Ratification Article 7 9 of the 13 states ratifies used the constitution State legislatures passed GA no individual rights in constitution freedom of speech etc Will ratify if GA drops the bill of rights congress drew them 10 passed Specify the individual rights CIVIL LIBEREITES Civil rights equality in society citizenship right to vote we are all equal Civil liberties protection against government abuse Bill of rights 1st one and 14th are most important 1st amendment government cannot establish a national religion nor prohibit the free exercise Supreme court freed of religion neither a state or federal gov can set up a church go to or remain away 1962 school prayer Angel vs Vantel private school can require a prayer Supreme Court says it violates the establishment clause Alabama says there will be moment of silence for prayer and meditation supreme court said no Georgia legislature moment of silence for quiet reflection on the days activities Supreme court said okay no prayer Connecticut 1st a freedom to believe absolute and practice regulation of society conduct that endangers people is subject to regulation Freedom of the press prior restraint The pentagon papers case gov had lied to American people gave to the new York times Nixon admin said no national security secrets censored Government cannot exercise prior restraint Info was old and not endangerment Obscenity ex child pornography offensive Wraw vs the us purian lust Justices had to know what was obscene Miller vs California sexual conduct and lacks any scientific and artistic value different states have laws of obscene Freedom of speech almost absolute but Shank vs the New York states making people oppose the military draft during ww1 if speech created a danger then it isn t protected Texas vs Johnson Johnson burned American flag violated texas law he had a constitutional right Supreme court said yes b c it is symbolic speech and political needs to be protected Liable saying printing broadcasting that is false and harmful to na individual Husle magazine vs Forell hustel pornographic while forell was a reverend Cartoon showed him having oral sex with mother Supreme court said that s protected speech The right of the people to assemble as long as its peaceful gives the people to right to petition to the government Wetberal baptism church Supreme court gives the 1st amendment important position Lecture Notes 8 29 2013 Privacy and due process Due Process Protection against government abuse certain procedures is followed several amendments rights of the accused 5th amendment no person shall be heard for a capital crime evidence for a trail procedure subject to the same offence double jeopardy new evidence then a new trail compelled in any criminal trail to be witness against himself lawyer would advice cannot be punished without due process Cant take your stuff without just compensation reasonable payment Miranda vs Arizona 5th amendment Miranda confessed of crime but didn t know he had to testify against himself Could have waited for a lawyer Found guilty Bill rights said you don t have to do that Supreme court said that the confession was not voluntary Before questioning read the Miranda rights Police reminds you Overturned the conviction Got a new trail but the confession was not used as evidence Was convicted 6th amendment speedy and public trail compulsory process can call witness in own behalf and right of a lawyer 8th amendment nor cruel and unusual punishment excessive bail Forman vs Georgia Georgia s death penalty law is too broad therefore it constitutes cruel and unusual punishment Rewrote the law for the most serious crimes Ex Murder a police officer on duty Gregg vs Georgia penalty is constitutional 2nd amendment state militia not about individuals 1st interpretation 2nd each one of us has the rights to bear arms DC vs Heller distric passed that no one can handle a handgun Heller sued Us supreme says individuals had the right to bear arms but only handguns very specificA Privacy 4th amendment Government cannot search homes might be a reasonable search with a warrant place to be search and the person to be seized signed by a judge Need enough energy Mapp vs Ohio Illegal porno in house convicted Supreme Court said the police was looking for a fugitive so the porno was obtained illegally Evidence was excluded from the trial exclusionary rule 3rd 4th 5th and 8th applied privacy Griswall vs Connecticut griswald arrested because of birth control conceptive Court said prohibiting these is not a right of privacy States cant interfere gRoe v Wade abortion