1	"Civil Liberties" Civil Liberties
2	Campus Speech / Free Speech Campuses a free speech battleground Campus codes at many colleges prohibit speech that might offend minority groups
3	Free Speech Civil libertarians fight such codes - favor free speech in a free society Courts generally side with the civil libertarians
4	Civil Liberties in the Constitution Framers – wanted society based on civil liberty (freedom) Civil liberties - protect individuals from government interference in areas like speech / religion Civil Liberties come from God / Civil Rights come from government
5	Constitutional Liberties Original Constitution - protected a few liberties from national government / states decide for themselves To Safeguard Against tyranny - National government restricted from attacks on individual liberties
6	A Liberty or a Right Civil Liberties – Government must be restrained / “Natural Rights” (Pursuit of Happiness stuff) Civil Rights – Individual / Constitutional rights / More absolute (14^th Amendment stuff)
7	“What If?” Prayer in School (Don’t let the camel get his nose under flap of the tent) PTL Club Dr. Gene Scott Snake Handling Poison Invasive Procedures
8	More “What If” Stuff? What is Obscenity? Justice Potter Stewart (1958- 1981) Photos of Wife Man in Utah Maplethorp Clothing / Bumper-stickers 1989 – Gregory Lee Johnson
9	“Not Protected” Speech Oliver Wendel Holmes – Clear and present danger test (will it cause substantial danger?) Today – “Actionable Words” (must incite to action)
10	Defamation Speech Libel – Written speech that harms Slander – Spoken speech that harms Private Person / Public Person Must be Untrue / Show Special Damages Private Content / Public Content Also “Actual Malice” or “Reckless Disregard”
11	School Prayer Since the 1960s - Courts rule against prayer in public schools Religious groups can meet in public schools Students can pray on their own or in unofficial study groups
12	Freedom of Press New York Times Hustler v. Jerry Falwell Niatross Mayo Sissler v. Plainsville Courier
13	Freedom of Press Cont. 1971 - Pentagon Papers New York Times - Neil Sheehan’s first story on the Pentagon Papers (30 Years of involvement in Vietnam) No Prior Restraint Cameras in Court Right to Fair Trial v. Free Press (murder)
14	Crucial Freedoms Writ of habeas corpus except for public safety due to rebellion or invasion No bills of attainder No ex post facto laws
15	Ratifying the Constitution Bill of Rights necessary as a condition for ratifying the Constitution
16	Evolving Constitution Most freedoms not specifically mentioned in Constitution Many rights / liberties established by judges Many rights evolved as culture / values changed
17	Rights and Liberties (1800s) Protection of liberty in the original Constitution referred to individual’s right to own private property Importance of property was reinforced by a century of judicial interpretation
18	Marshall Court (1801-1835) Bill of Rights did not restrain the states (Protected states from Fed. Govenrment) Property and the Taney (Tauney) Court (1836-1864) (Dred Scott v. Sandford (1857)
19	Property Rights after Civil War 14^th Amendment guaranteed rights of newly freed slaves Due process clause of 14^th Amendment - no state may “deprive a person of life, liberty, or property, without due process of law” (takings clause)
20	19^th Century Rights of Property Expanded with emerging industrial society Little attention to increasing protection of civil liberties in Fed. courts Little progress made in rights of women / African-Americans
21	Twentieth-Century Changes 1900s - property rights, civil rights, and political liberties frequently expanded in Fed. courts Changing of the economy / culture New political groups / movements
22	Nationalizing the Bill of Rights Before 1900s – Bill of Rights protected only States from Federal intrusion (individual liberties not protected) Bill of Rights evolved to mean - Individuals would be protected from the States” by the Federal Government
23	Selective Incorporation Framers worried about intrusions by the national government Congress unwittingly changed Bill of Rights with 14^th Amendment (States no longer protected from Fed. Govt.) 14^th Amendment - states can not violate rights of ex-slaves (Constitution now interpreted to protect individuals) 1960s - Court nationalized much more of Bill of Rights
24	Freedom of Speech – 1st Area for “Nationalization” Gitlow v. New York, 1925 – Gitlow convicted of breaking Criminal Anarchy Law (advocated violent overthrow of govt. - but no action) / New York bound by 1^st Amendment (NY law unconstitutional because no action) Free Speech - a lot more than just speech Few limitations
25	Freedom of the Press New York Times v. Sullivan (1964) - A major expansion of freedom of the press / protected newspapers against trivial or incidental errors when reporting on public persons
26	Offensive Mass Media Obscenity not protected by the 1^st Amendment (art and obscenity difficult to define) Feminist want “obscenity” to include speech degrading to women Concern today - sexually offensive material available to minors (and others) on Internet
27	Free Exercise of Religion 1st Amendment includes two provisions concerning religion Make no laws that prohibit free exercise of religion Make no laws respecting an establishment of religion
28	Until Recently Exercise of Religion Unlimited Flag salute cases (public school children to salute flag / recite Pledge of Allegiance) Nationalized free exercise of religion clause (government must not interfere with religious beliefs)
29	Separation of Church and State Doctrine of the “establishment clause” (Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.) Federal anti-polygamy law? (Y) (polyamory?) States can deny benefits if one refuses to work on Sat. because of religion (N) Military can ban religious headwear (Y)
30	Unstated Rights The freedom to be left alone in our private lives (right to privacy) not mentioned in Constitution Debate continues over constitutionally protected right to privacy
31	Right of Privacy General Warrants / Writs of Assistance (Greyhound / Profile searches / coerced searches) Random Drug Testing Exclusionary Rule – Evidence cannot be used / reasonable cause Wire Taps / Cell Phones / e-mail
32	Rights of the Accused 1950s and 1960s - Warren Court Expanded federal authority Restricted state authority Expanded accused right’s Rising crime / Enforcement faced legal technicalities / increased protections for criminals
33	Concern About Crime Reshaped Constitutional Interpretation Warren Court (1953-1969) expanded due process at expense of efficient law enforcement Burger Court (1969-1986) expanded most due process decisions of Warren Rehnquist Court (1986-present) reversed a few due process protections, watered down others
34	Rights of the Accused Unreasonable Searches and Seizures Mapp v. Ohio – exclusionary rule
35	Due Process 5^th Amendment – Double Jeopardy / Self-incrimination 1966 - Miranda v. Arizona Miranda warnings ($8.00 stolen / Police arrest Miranda / Miranda confessed to theft and also kidnapping and rape of 18 yr old female (confession not admissible)
36	More Due Process 6^th Amendment Speedy trial Assistance of counsel Confrontation of hostile witnesses Right to obtain witnesses
37	Still More Due Process 7^th Amendment Right to trial by jury 8^th Amendment Cruel / Unusual punishment 1976 – Death sentences set aside Now a two step process
38	The Right to Counsel 1932 - Powell v. Alabama – states could decide if representation required (only in capital cases) 1942 - Betts v. Brady – representation (at govt. expense) only required in capital cases if case complex, accused incompetent 1963 - Gideon v. Wainwright – representation required even in non- capital cases, complex or not