Civil Liberties

1. Civil Liberties and Rights
of the Accused

2. Civil Liberties vs. Civil
Rights
• The gov’t has the power to rule over citizens,
but its power has limits
– Civil liberties – the Constitutional protections of
citizens’ freedoms from gov’t abuse
– are found in the Bill of Rights
– Civil rights – gov’t policies that protect individuals
from discrimination by the gov’t or other individuals

3. A Note About Rights
• Although people have rights, no rights
are absolute (you CAN’T just do
whatever you want!)
• When your rights get in the way of
someone else’s rights, they aren’t
rights anymore

4. Federalism and Rights
• The Bill of Rights (first 10 amendments)
originally only applied to the national
gov’t
• The 14th
Amendment requires state
gov’ts to follow the Bill of Rights just like
the national gov’t (known as the
incorporation doctrine)

5. 1st
Amendment - The
Freedom of Religion
• Establishment Clause – the gov’t
cannot establish a national religion
• Free Exercise Clause – the gov’t
cannot choose to get in the way of your
practice of religion

6. Separation of Church and
State
• The gov’t and religion are separated by
the Constitution
• They can interact, but one cannot
control the other

7. Religion and Schools
• Parochial school – schools based on a
religion (ex: Catholic schools)
• Public schools cannot encourage
religion; activities must be student-led

8. The Lemon Test
• (From Lemon v. Kurtzman)
• In order for a school to get aid from the
gov’t, the money…
1.) Cannot be used for religious purposes
2.) Cannot encourage or discourage religion
3.) Cannot entangle the gov’t up in religion

9. The Free Exercise Clause
• You have the right to believe and
practice your religion as you wish (gov’t
can’t get in the way of this)
• But your practice of religion CANNOT:
– Violate criminal laws
– Offend public morals
– Threaten people’s safety

10. CLASS SUPREME
COURT
“OYEZ, OYEZ, OYEZ!”

11. Employment Division
v. Smith (1989)
Facts of the Case
• Two Native Americans who worked as counselors for a private
drug rehabilitation organization, ingested peyote -- a powerful
hallucinogen -- as part of their religious ceremonies as members
of the Native American Church. As a result of this conduct, the
rehabilitation organization fired the counselors. The counselors
filed a claim for unemployment compensation. The government
denied them benefits because the reason for their dismissal was
considered work-related "misconduct." On remand, the Oregon
Supreme Court concluded that while Oregon drug law prohibited
the consumption of illegal drugs for sacramental religious uses,
this prohibition violated the free exercise clause.
• Question: Can a state deny unemployment benefits to a worker
fired for using illegal drugs for religious purposes?

12. Engel v. Vitale (1961)
Facts of the Case
• The Board of Regents for the State of New York
authorized a short, voluntary prayer for recitation at
the start of each school day. The prayer read as
follows: "Almighty God, we acknowledge our
dependence upon Thee, and beg Thy blessings upon
us, our teachers, and our country.“
• Question: Does the reading of a nondenominational
prayer at the start of the school day violate the
"establishment of religion" clause of the First
Amendment?

13. West Virginia State Board of
Education v. Barnette (1942)
Facts of the Case
• The West Virginia Board of Education required that the
flag salute be part of the program of activities in all public
schools. All teachers and pupils were required to honor
the Flag; refusal to salute was treated as "insubordination"
and was punishable by expulsion and charges of
delinquency. A group of students who were Jehovah’s
Witnesses refused to pledge because they did not believe
in saluting symbols (against their religion).
• Question: Did the compulsory flag-salute for public
schoolchildren violate the First Amendment?

14. Lynch v. Donnelly (1983)
• Facts of the Case
The city of Pawtucket, Rhode Island, annually erected
a Christmas display located in the city's shopping
district. The display included such objects as a Santa
Claus house, a Christmas tree, a banner reading
"Seasons Greetings," and a nativity scene. The
creche had been included in the display for over 40
years. Daniel Donnelly objected to the display and
took action against Dennis Lynch, the Mayor of
Pawtucket.
• Question
Did the inclusion of a nativity scene in the city's
display violate the Establishment Clause of the First
Amendment?

15. Town of Greece v. Galloway
(2013)
• Facts of the Case
The town of Greece, New York, is governed by a five-member
town board that conducts official business at monthly public
meetings. Starting in 1999, the town meetings began with a
prayer given by an invited member of the local clergy. The town
did not adopt any policy regarding who may lead the prayer or
its content, but in practice, Christian clergy members delivered
the vast majority of the prayers at the town’s invitation. In 2007,
Susan Galloway and Linda Stephens complained about the
town’s prayer practices and argued that the town’s practices
violated the Establishment Clause of the First Amendment by
preferring Christianity over other faiths.
• Question
Does the invocation of prayer at a legislative session violate the
Establishment Clause of the First Amendment even in the
absence of discrimination in the selection of prayer-givers and
content?

16. 1st
Amendment – The
Freedom of Speech
– You have the right to express your opinions
and to hear others’ opinions
– Words have consequences – NOT
everything is free speech!

17. What ISN’T Free Speech?
– Slander – saying false and hateful things
about someone to hurt their reputation
– Libel – writing false and hateful things
about someone to hurt their reputation
– Seditious speech – threatening or
encouraging the overthrow of gov’t by force
or violence (action known as sedition)

18. &#$!@ Obscenity
– Is NOT free speech
– Something is obscene if:
• 1.) encourages an excessive interest in sexual
matters
• 2.) It offensively depicts sexual material that is
censored by law
• 3.) It lacks any tasteful artistic, literary, political,
or scientific value

19. Also NOT Free Speech:
– Clear and Present Danger – if what you
say can cause a dangerous or harmful
situation (ex: yelling “FIRE!” in a movie
theater)
– True Threats – threatening the well-being
of someone else
– Fighting Words - words you say that
cause someone to react violently

20. – Symbolic speech - the expression of your
ideas through your ACTIONS
– Ex. Issues: Burning the flag and picketing
(going on strike)

21. Texas v. Johnson (1989)
Facts of the Case
• In 1984, in front of the Dallas City Hall, Gregory Lee
Johnson burned an American flag as a means of
protest against Reagan administration policies.
Johnson was tried and convicted under a Texas law
outlawing flag desecration. He was sentenced to one
year in jail and assessed a $2,000 fine. After the
Texas Court of Criminal Appeals reversed the
conviction, the case went to the Supreme Court.
Question
• Is the desecration of an American flag, by burning or
otherwise, a form of speech that is protected under
the First Amendment?

22. 1st
Amendment – Freedom
of the Press
– Expression of ideas through printed words
or images (ex: the media)
– (freedom of speech rules still apply)
– Prior restraint – the gov’t censoring you
before you print or say something (NOT
allowed)

23. Hazelwood v. Kuhlmeier
(1987)
Facts of the Case
• The Spectrum, the school-sponsored newspaper of
Hazelwood East High School, was written and edited by
students. Robert E. Reynolds, the school principal,
received the pages proofs for the May 13 issue.
Reynolds found two of the articles in the issue to be
inappropriate, and ordered that the pages on which the
articles appeared be withheld from publication. Cathy
Kuhlmeier and two other former Hazelwood East
students brought the case to court.
Question
• Did the principal's deletion of the articles violate the
students' rights under the First Amendment?

24. Sheppard v. Maxwell (1965)
Facts of the Case
After suffering a trial court conviction of second-degree
murder for the bludgeoning death of his pregnant
wife, Samuel Sheppard challenged the verdict as the
product of an unfair trial. Sheppard, who maintained
his innocence of the crime, alleged that the trial judge
failed to protect him from the massive, widespread,
and prejudicial publicity that attended his
prosecution..
Question
Did the huge amount of press end up biasing the jury
and giving Sheppard an unfair trial?

25. Freedom of Assembly
and Petition
• You have the right to:
– peaceably gather with others to express
your views on public policies
– criticize the gov’t and ask them to fix
problems (petition)
• Assemblies include meetings,
demonstrations, protests, etc.

26. Limits on Assembly
• The gov’t can limit where, when, and how you
assemble (to keep the peace)
– Content neutral - gov’t cannot limit based on the
content (subject) of the assembly
• You cannot protest on private property (you
don’t have the right to trespass)

27. Freedom of Association
• Groups and organizations have the
right to associate (interact) with who
they wish
• Cannot be forced to associate with
ideas that go against what they stand
for

28. Yates v. United States
(1957)
• Facts of the Case
– Fourteen leaders of the Communist Party in the
state of California were tried and convicted under
the Smith Act. That Act prohibited willfully and
knowingly conspiring to teach and encourage the
overthrow of the government by force. The
appellants claimed that the Communist Party was
engaged in passive political activities and that any
violation of the Smith Act must involve active
attempts to overthrow the government.
– Question: Did the Smith Act violate the First
Amendment?

29. Boy Scouts of America v.
Dale (2000)
• Facts of the Case
– The Boy Scouts of America revoked former Eagle Scout and
assistant scoutmaster James Dale's adult membership when the
organization discovered that Dale was a homosexual and a gay
rights activist. In 1992, Dale filed suit against the Boy Scouts,
alleging that the Boy Scouts had violated the New Jersey statute
prohibiting discrimination on the basis of sexual orientation in
places of public accommodation. The Boy Scouts, a private, not-
for-profit organization, asserted that homosexual conduct was
inconsistent with the values it was attempting to instill in young
people.
– Question: Did the application of New Jersey’s nondiscrimination
law violate the Boy Scouts' First Amendment right of association to
prohibit homosexuals from serving as troop leaders?

30. Ch. 19 Quiz
• Establishment
Clause
• Lemon Test
• Free Exercise
Clause
• Slander
• Sedition
• Libel
• Prior restraint
• Parochial school
• Clear and present
danger
• Symbolic speech

31. Ch. 20 - Rights of the
Accused
• Due Process - fair treatment according to the
law
• Found in the 5th and 14th Amendments
• Two types:
– 1.) substantive due process - what the law is
about must be fair (substantive = what it’s made
of, its substance)
– 2.) procedural due process - how the law is
enforced must be fair (procedural = how you do it)

32. Probable Cause
• You have the right against invasion of
your privacy without probable cause
• probable cause - reasonable suspicion
of a crime

33. Search Warrants
• Search warrant - a court order that gives
police permission to search private property
(must have probable cause)
You DO NOT need a search warrant if:
1.) the person consents to search
2.) “in plain sight” - evidence is easily seen by the
officer and can be taken
3.) if the suspect has been legally arrested
4.) cars stopped on probable cause

34. The Exclusionary Rule
(exclude = leave out)
• Evidence that is taken illegally cannot be
used against someone in court
• When the Exclusionary Rule doesn’t apply:
• “inevitable discovery” - the evidence would have
been found lawfully anyway
• “good faith” - if officials are trying to follow the law
but take evidence by mistake

35. New Jersey v. T.L.O.
(1983)
• Facts of the Case
T.L.O. was a high school student. School officials
searched her purse suspecting she had cigarettes.
The officials discovered cigarettes, a small amount of
marijuana, and a list containing the names of
students who owed T.L.O. money. T.L.O. was
charged with possession of marijuana. Before trial,
T.L.O. moved to suppress evidence discovered in the
search, but the Court denied her motion.
Question: Does the exclusionary rule apply to
searches conducted by school officials in
public schools?

36. When Accused…
• Writ of habeas corpus - you have the
right to be told why you’re being
arrested
– An officer must prove to a court that you
should be held for a crime (give a good
reason)

37. Ex Post Facto Laws
• (ex post facto= after the fact)
• New laws cannot apply to people
operating before the new law was
passed

38. 5th Amendment (Due
Process)
– Serious crimes need a grand jury to indict
(bring charges against)
– Double jeopardy - you can’t be accused of
the same crime twice
– Self-incrimination - you can’t be forced to
testify against yourself --> “right to remain
silent” (also must be read your rights)

39. 6th Amendment
– You have the right to:
• a speedy and public trial by an impartial
(unbiased) jury
• Face the people accusing you
• Get witnesses to testify in support of you
• A lawyer to guide/counsel you through the trial

40. The Jury
– Jury duty is a citizen’s responsibility
– Jurors are randomly selected from the area where
the crime took place
– 12 people on a jury
– Their decision on a case must be unanimous (all
of them agree)
– If they are not 100% sure of guilt (reasonable
doubt) they must give a verdict of “not guilty”
– If a jury can’t decide, it’s called a hung jury

41. 8th Amendment
– Protects against cruel and unusual
punishment and excessive bail and fines
– Bail - money the accused must pay as a
promise to come back to court
• Can be held without bail in some cases
• Cannot be excessive (too much $)
– Capital punishment - the death penalty