G 4 Civil Liberties Learning Objectives 1 Clarify the meanings of Civil liberties versus that of Civil rights 2 Discuss the impact of how the Constitution is interpreted effect of original intent 3 Describe the origins key features of the Bill of Rights and impact on State powers 4 Analyze the freedoms of the First Amendment Free Speech its different types historic constitutional tests unprotected speech Freedom of Petition and Assembly Association and how they are regulated Freedom of the Press and its rights and limitations Freedom of Religion conflict between Establishment Free Exercise Clauses 5 Contrast the conflicting legal positions of 2nd Amendment rights and limitations 6 Examine the rights of criminal defendants including writ of habeas corpus and prohibition against bills of attainder and ex post facto laws 7 Outline the rights protected by the 4th 5th 6th 8th Amendments to include probable cause search warrants exclusionary rule immunity Miranda Warning 8 Examine the right of privacy discuss its basis impact to include Roe v Wade 1 Civil Liberties First ten amendments of Constitution Also Known As Individual freedoms protections for all Americans Prohibitions of Government powers affecting liberties Included are Freedom of speech Freedom of religion Freedom to assemble peaceably Freedom of the Press Protections if suspected accused or tried 2 Finding the proper balance Problem managing conflicting objectives How to balance individual freedom with Legitimate interests rights of whom The Public Interests A Matter of proper balance Rights of Individual Rights of Society 3 Two Approaches to finding Balance Interpreting the Constitution by through 1 Original Intent or 2 Interpretation IAW the changing times What is Original Intent The theory that judges should interpret the Constitution how IAW Chief Justice Taney Dred Scott quoted in Text Today Justice Anthony Scalia agrees with minor caveats Any problem with applying Original Intent 4 Problems with Interpreting via Original Intent Whose intent do we use The framers who drafted the constitution The state conventions who ratified it The state legislatures elected by voters Exactly what was their original intent What do the words used mean exactly And What about the intentionally ambiguous terms used by the framers Keeping up with the times Oliver Wendell Holmes argued The Constitution must be interpreted in light of our whole experience and not merely in the light of what was said a hundred years ago Chief Justice Warren observed Sources regarding the Constitution s meaning are inconclusive Justice Charles Evans Hughes asserted The Constitution is what the Judges say it is 6 Modern Day Considerations Founders drafted Constitution during the late 18th century 21st century matters now deal with inventions unknown to the framers of the Constitution Cell phones Computers Internet DNA evidence So the key question is How should the Constitution be interpreted and applied today But first what are the freedoms protected by the Bill of Rights 7 Bill of Rights A Summary 1 Freedom of religion press 6 Rights when on trial and assembly 2 Right to bear arms 7 Common law suits 3 No quartering of troops in private homes 8 Bail no cruel and unusual punishment 4 Unreasonable searches and seizures prohibited 9 Un enumerated rights protected 5 Rights when accused due process clause 10 Powers reserved for states Note Note Know Knowthese these rights rights Application of the Bill of Rights Founder s original rationale for Bill of Rights 1 Undermine Anti federalists argument against ratification to clear way for Constitution s approval 2 Provide individual freedoms protections against what ruling authority that the Constitution would establish Initially the Bill of Rights applied only to whom Later only gradually applied to State local Govs on a case basis Application to states resulted from series of Supreme Court decisions which set key precedents Key role played by 14th Amendment equal protection clause Gradually the Bill of Rights were applied to the States as well 9 Extending the Bill of Rights to the States Supreme Court decisions made toward applying Bill of Rights protections to State Governments Early Rulings 1833 Supreme Court denied applying just compensation clause found in 5th Amendment to the States 1868 Ratification of the 14th Amendment included the idea that no one should be denied due process 1873 Justices started to argue that Bill of Rights should apply to states 1897 Court overturns 1833 decision and decides that Bill of Rights does apply to states Application of Bill of Rights to States Key Supreme Court Decisions Amendment Right Freedom Applied to States Supreme Court Case and Year Speech Gitlow v New York 1925 Press Near v Minnesota 1931 Assembly DeJonge v Oregon 1937 Free Exercise of Religion Cantwell v Connecticut 1940 Establishment of Religion Everson v Board of Education 1947 First Second Not Applied Third Not Applied Fourth Search and Seizure Wolf v Colorado 1949 Exclusionary Rule Mapp v Ohio 1961 Application of Bill of Rights to States Amendment Right Freedom Applied to States Supreme Court Case and Year Fifth Grand Jury Not Applied Just Compensation Chicago Burlington Quincy Railroad Co V Chicago 1897 Self Incrimination Malloy v Hogan 1964 Double Jeopardy Benton v Maryland 1969 Public Trial In re Oliver 1948 Assistance of Counsel Gideon v Wainwright 1963 Argersinger v Hamlin 1972 Confrontation Pointer v Texas 1965 Impartial Jury Parker v Gladden 1966 Speedy Trial Klopfer v North Carolina 1967 Jury Trial Duncan v Louisiana 1968 Sixth Application of Bill of Rights to States Amendment Right Freedom Applied to States Seventh Not applied Supreme Court Case and Year Eight Excessive Bail and Fines Not expressly applied No Cruel and Unusual Punishment Robinson v California 1962 Ninth Not applied Tenth Not applied Which WhichAmendment Amendmentisisconsidered consideredthe themost mostbasic basicin inits itsimportance importance The Amendment Protection of our most important and basic rights Which are Freedom of Speech Assembly Press Religion Provides significant protections but No absolute guranntees Why Rights of Individual Vs Rights of Society 14 Freedom of Speech different types Political Speech The freedom to criticize the government s actions and policies Symbolic Speech Speech that takes the form of actions or symbols instead of words Highlights in the History of Free Speech 1798 The Alien and Sedition Acts made it