This document discusses civil liberties issues and protections granted by the Bill of Rights. It covers freedom of speech, including protections for criticizing the government and limitations for speech that incites violence. It also discusses protections for religious freedom, such as the separation of church and state, and prohibitions on establishing an official religion. Finally, it outlines constitutional protections against unreasonable searches and seizures and the right to legal counsel in criminal cases.

1. POL 140-10
Spring 2015

4.  Civil liberties issues dominate headlines
 Civil liberties issues part of national policy
 Has Bill of Rights really helped to secure
individual freedoms of Americans?

6.  Individual freedoms placing limitations on the
power of government
 Fundamental rights outside the authority and
regulation and government

8. The Social Contract
“Consent of
the Governed”
Locke

11. “Congress shall make no law…abridging the Freedom of Speech”

12.  Allows for an informed citizenry
 Provides against influence of government
 Provides a voice for the minority
 Preserves existence of truth in society

13.  Speech Criticizing the Government
 “Fighting Words” and Offensive Speech
 Symbolic Speech
 Sexually Explicit Speech
 Campaign Finance: Money as Speech?

15.  Sedition
 Speech criticizing the government for the purpose
of inciting rebellion

16. John Adams

17.  “Free speech” did not occur after WWI
 Passage of sedition acts aimed at anyone
considered “anti-government.”
 Two Main Goals:
 Limit anti-war ideas
 Limit supporters of radical governmental change

18. CHARLES SCHENCK JUSTICE HOLMES

22.  Paul Cohen accused of wearing jacket with
“F*** the Draft” on it.
 Message not targeting anyone in particular
 No evidenceCohen was actively promoting
disturbance

27.  First Amendment does NOT automatically
protect against obscene speech
 Supreme Court and InformalTests
 MillerTest
 Does work offensively depict or describe sexual acts?
 Whether the work, taken as whole, lacks serious
literary, artistic, political, or scientific” value
(SLAPSTest)

30. “Congress shall make no law…abridging the freedom…of the press”

31.  Restrictions on press before message published
 Dangerous form of censorship
 Limits “marketplace of ideas”

33.  Libel is publishing of false and damaging
statements about another person
 Supreme Court says person must show:
 Statements were false or damaging
 Publisher must have acted maliciously

35. “Congress shall make no laws respecting an establishment of religion,
or prohibiting the free exercise thereof”

36.  Establishment Clause
 Free Exercise Clause

37.  Federal government may not pass laws
providing for “an establishment” of religion

38. THOMAS JEFFERSON JAMES MADISON

39. SEPARATIONISTS
 Clear division between
church and state
ACCOMODATIONISTS
 State should NOT be
separate from religion
 Accommodate religion,
without showing preference
for one religion

40. ENGELV.VITALE (1962)
 Unconstitutional for state
officials to compose official
prayer and encourage it to
be recited in public schools
LEMONV. KURTZMAN (1973)
 Established LemonTest to
judge if laws relating to
religious activity are
constitutional:

41.  Individuals may freely practice religion
without interference from government

44.  Probable Cause
 Exclusionary Rule
 If search found to violate Fourth Amendment
 Evidence resulting from search cannot be used
 Exceptions: “Good Faith,” “PlainView”

47. In all criminal prosecutions, the accused shall…
have the Assistance of Counsel for his defence”

48. Clarence Earl Gideon

57. Terri Schiavo
Cruzan v. Missouri
Department of Health
(1983)