Civil Liberties and Public Policy

Civil Liberties and Public Policy

Chapter 4

.

American Civil LibertiesO Granted by the Bill of Rights

O Their final interpreter of the content and scope is the US Supreme Court.

The Bill of RightsO Civil Liberties: the legal

constitutional protections against the government

O Adopted primarily in response to British abuses of the colonists’ civil liberties

The Bill of Rights Cont’dO Barron v. Baltimore (1883) – SC ruled

that the Bill of rights restrained only the national government, not the states and cities. Also maintained that that the Bill of Rights intended to prevent the US Government from granting titles to royalty

O Gitlow v. New York (1925) – The SC began to rule that the Bill of Rights applied directly to the states, as to the national government.

First AmendmentOContains the great freedoms of

speech, press, religion and assembly

OIt’s language, “Congress shall make no law,” suggests that the Bill of Rights, as written, did not apply to the state governments and was written to restrict the powers of the national government.

Freedom of ReligionO Stated that abridgement of citizens’

freedom to worship or not to worship as they please is prohibited.

O SC has ruled that while all religious beliefs are constitutionally protected, all religious practices are not.

SC rulings on Freedom of religion

O Engle v. Vitale (1962) – SC ruled that prayers done as classroom exercises in public schools was (were) unconstitutional

O School District of Abington Township, PA v. Schempp (1963) – SC ruled that a PA law requiring Bible readings in schools violated the 1st amendment.

SC rulings on Freedom of religion

O Lemon v. Kurtzman (1971) – SC ruled that aid to church-related schools must be for secular purposes only, and cannot be used to advance or inhibit religion

O Wisconsin v. Yoder (1972) – SC ruled that freedom of religious practice was more important than the right of the government to interfere in deciding in favor of the right of Amish parents to take their children out of public school after 8th grade.

SC rulings on Freedom of religion

O The SC has prohibited prayer and recitation of Bible verses in public schools when done as part of classroom exercises and posting of the 10 commandments on the walls of public classrooms.

O The displaying of Christmas nativity scenes and Hanukkah menorahs on public property was declared unconstitutional.

SC rulings on Freedom of Press

O Near v. Minnesota (1931) – SC ruled that a newspaper, no matter what how outrageous its opinions, must be allowed to publish without prior restraint. (the act by which government prevents material from being published.)

O NY Times v Sullivan (1964) – SC ruled that statements made about political figures are libelous only if made with malice and reckless regard for the truth.

SC rulings on Freedom of Press

O Miller v. California (1973) – SC clarified its doctrine of what was obscene, including such gauges as whether material appealed to merely a prurient interest in sex, and whether it lacked serious artistic, literary, political or scientific intent.O Stated that local communities

should have more responsibility over deciding what constitutes obscenity.

SC rulings on Freedom of Press

O At the urging of feminists and conservative Christians, some cities have banned pornography on the grounds it dehumanizes and endangers women. The courts have struck these down as violations of the First Amendment.

O Jacksonville, FL asserted a ban on all films containing nudity, and prohibited them from being shown in drive-in theaters, the SC ruled that all nudity may not be deemed obscene and overturned the ban.

SC rulings on Freedom of Press

O Zurcher v. Stanford Daily (1978) – Held that a search warrant could be applied to a newspaper, as with anyone else, without violating the First Amendment.

O Red Lion Broadcasting v. FCC (1996) – the SC upheld restrictions on radio and TV broadcasting requiring time for political candidates and justified restrictions on their broadcasting on the basis of the fact that there are only a limited number of radio frequencies available.

Second AmendmentO Provides for the right to bear

arms

Fourth AmendmentO Outlaws unreasonable search

and seizure – Obtaining evidence in a haphazard or random manner.

O Search warrant – A written authorization from a court specifying the area to be searched and what the police are searching for.

SC rulings on the Fourth Amendment

O Mapp v. Ohio (1961) – SC ruled that the protection against unreasonable search and seizure applied to state and local governments, as well as the national government, thus nationalizing the exclusionary rule.

O Jacobson v. United States (1992) – Defined 4th Amendment protections to included protection from entrapment.

SC rulings on the Fourth Amendment

O Hamdam v. Rumsfeld (2006) – SC ruled that procedures for trying prisoners at Guantanamo Bay, Cuba, were insufficient for ensuring a fair trial.

Right to PrivacyO The right to a private personal

life free from intrusion from the government.

O Although not clearly stated has been ruled to be implied by the 4th Amendment.

Fifth AmendmentO Deals with grand juries, double

jeopardy, forbidding self-incriminating, due process, and eminent domain.

SC rulings on the 5th Amendment

O Miranda v. Arizona (1966) – Police must inform any suspect of a series of rights, including the constitutional right to remain silent.

O 1991 – SC Ruled that a coerced confession introduced during a trial does not automatically taint a conviction if it is a “harmless error” and is an example of the Court’s recent willingness to make exceptions to the requirements.

Sixth AmendmentO Deals with criminal court

procedures

SC rulings on 6th Amendment

O Gideon v. Wainwright (1963) – extended the right to counsel to everyone accused of a felony.

Seventh AmendmentO Deals with eminent domain

Eighth AmendmentO Forbids excessive bail and cruel

and unusual punishment.

14th AmendmentO Due Process Clause - The part of

the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the US or state governments without due process of law.

SC Rulings on the 14th Amendment

O Roe v. Wade (1973) – SC has generally moved to allow more states to allow more room to regulate abortions (e.g. waiting periods) than was true in Roe. O Also ruled that in the third

trimester of pregnancy that states can ban abortion except when mother’s health is in danger.

SC Rulings on the 14th Amendment

O Planned Parenthood v. Casey (1992) – SC ruled that abortion restrictions could be imposed by states if they did not involve “undue burdens” on the women.

USA Patriot ActO Allowed agents to monitor political or

religious groups without connections to a criminal investigation.

O Granted powers to examine a terrorist suspect’s records held by doctors, libraries, and universities.

O Faced restrictions on domestic spying in counterterrorism operations.