Civil Liberties & the Bill of Rights Part Two Freedom of Press and Religion.

Civil Liberties & the Bill of Rights

Part Two

Freedom of Press and Religion

Freedom vs. Libel and Slander

•Free expression is not a license to avoid responsibility for the consequences of what is said or written

•False information that hurts a person’s reputation:

Libel- publishedSlander- spoken

(these are known as defamation)

Libel and Slander

•Libel is more important in politics b/c it affects media’s ability to openly criticize officials

•NY Times v. Sullivan Co. 1964: libel of a public official requires proof of “actual malice”

•The press has LESS protection when it’s a private individual

Further defined in 1988. Jerry Falwell vs. Larry Flint?

Freedom of Press Issues:• Again, NY Times v. US: Pentagon

Papers could be published• Stopping it would’ve been prior

restraint• Recently, 1st amendment rights clashed

with 6th Amendment rights!• What if the publishing of information

could influence the outcome of a trial?• Several measures have been made to

restrain press coverage…

What do you think has been done to restrain press coverage?•Moving the trial to reduce pretrial publicity•Limiting # of reporters in courtroom•Controlling reporters conduct•Isolating witnesses & jurors•Having the jury sequestered “If the glove doesn’t fit, you

must acquit!”

The OJ trial became a media circus

Balancing free press• Gag orders have also been used. • order from a judge barring publishing

certain type of info. • Lately, open to press and public in court

but limits exist (sometimes no pictures)• The idea is to protect parties involved• Passage of “shield laws” • Gives reporters some protection against

being forced to disclose confidential info

Free Press Issues• How do we deal with press instruments

the founders couldn’t foresee?• Radio and Television: Must obtain a

license from the FCC• Can they get around it?• Motion Pictures: The MPAA • (G,PG,PG-13, R, NC-17, X)• Internet- entitled to 1st Amend.

Protection• Advertising: “commercial speech”, court

has limited (ex. billboards & lawyer ads)

Rights and Limitations of free press

• www.hippocampus.org

STOP

Numbered heads question: In groups answer the following…

If you were the Judge in a high-profile case which could cause harm

to those involved, what if any limits would you assign to the case

(based upon what you just learned)?

Do citizens and reporters have other rights?

• Right of access: result is “sunshine laws” and Freedom of Information Act

• Shield Laws: reporters don’t have to reveal their sources

• Executive Privilege: US v. Nixon: (1974) doesn’t apply in criminal cases

• Student Press: Hazelwood v. Kuhlmeier (1988) school paper not a public forum, therefore can be restricted

Obscenity•Not protected by 1st Amendment

•How is it measured?•Standards have become less strict

•“Community standards” by “reasonable person”•The Communications Decency Act declared unconstitutional

•Reno v. ACLU

Art?

Religion in Public Schools…• With your partner, take the short

quiz

STOP

Freedom of Religion•The Establishment Clause•“Congress shall make no law respecting an establishment of religion…”

•Government may not favor one religion over another

•A “wall of separation” between…•How high do we build this wall?• Engel v. Vitale (1962) : no school

prayer

Freedom of Religion• Lemon v. Kurtzman (1971):• Money for private schools?• Lemon Test established:• 1) Does it have a religious purpose?• 2) Does it advance or inhibit religion?• 3) Does it cause excessive

entanglement with government?• (if any above are present, considered

unconstitutional!)

Freedom of Religion•The Free-Exercise Clause•“nor prohibit the free-exercise thereof”

• People are not always free to act on their beliefs (ie. medical treatment)

• 1997: Court struck down Religious Freedom Restoration Act

• “Congress had stepped beyond their power of enforcement”

• Have been new provisions

How much religious freedom should the Amish be granted?

•In 1972 the Court ruled children do NOT have to attend school beyond 8th grade!•In 1982 Court ruled Amish CANNOT refuse to pay social security taxes•Balancing test applies: belief and practice•More restrictions on latter•Ex. No polygamy(officially) No human s.

The Right of Privacy• It wasn’t until the 1960’s that rights

OUTSIDE of the bill of rts. were addressed

• The 9th Amendment• The Supreme Court added privacy to

list of individual rights (implied)• Some issues involved in argument:• Roe v. Wade (1973) :• 1st term abortion Constitutional right• assisted suicide, birth control Protests on the heels of

Roe. When does life begin?

How was Roe v. Wade passed?

Privacy issues today

Is it better to be more safe or less free?

What about the Patriot Act?• DVD Clip from Face the Issues

End of notes

The Rights of the AccusedCivil Liberties Breakin’ the

Law!

Rights of the Accused•No system of justice is perfect,

innocent people have been put away

•Procedural Due Process:•The process authorities must

follow before a person can be punished for an offense

•Congress guarantees a •writ of habeas corpus

Ow! You’re hurting my clown hands

!

Rights of the accused•These rights are spelled out in the

following amendments:•4th: no unreasonable search &

seizure•5th: no double jeopardy, no self-

incrimination, •6th: right to counsel, confront

witnesses, speedy trial, jury trial•8th: no excessive bails, fines, punish.

Selective Incorporation of Due Process•Procedural protections in the B of R had

applied only to the national govt.•States were not bound•1960s view changed- SC required states

to safeguard rights•“incorporated” protections by way of 14th

amendment •Began with •Mapp v. Ohio (1961)

Illegally obtained evidence not OK. Need a search warrant!

Notice the importance of the 14th!!!

Another way to look at the amendments..

Two Cases involving Accused:•Gideon v. Wainwright•1963•Required the states to furnish attorneys for felonies

•Miranda v. Arizona•1966•Defendants in state proceedings cannot be witness against self

DVD clips, if time allows

What is the right to counsel?• www.hippocampus.org

Two cases that changed law enforcement forever:

• Gideon v. Wainright

• Miranda v. Arizona

Restricting Defendant’s rights• Changing the exclusionary rule:• Illegal evidence can be admitted if

errors are small or inadvertent• Police “probable cause” modified:

roadside checkpoints & passenger searches OK

• Habeas corpus appeals restricted• For errors, burden of proof • now on accused• (To prevent frivolous suits & speed-up)

Modern issues with our freedom

How do we balance our freedoms with safety of the

nation?