Upload
estella-leonard
View
224
Download
1
Tags:
Embed Size (px)
Citation preview
Civil Liberties
Civil Liberties in the American Legal System The Freedoms Protected in the American
System The Historical Basis for American Civil
Liberties: The Bill of Rights
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 2
Civil Liberties
Where Do You Stand?Would the Constitution’s framers approve of regulations we face today in everyday life, such as laws requiring motorcyclists to wear helmets, requiring car riders to use seatbelts, restricting the consumption of alcohol and cigarettes, and banning cell phone use while driving?
a. Yes, they would approve.
b. No, they would not approve.
Source: “Zogby Poll: U.S. Constitution Wearing Well in Modern America,” www.zogby.com/News/ReadNews.dbm?ID=1332.
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 5
Civil Liberties
Civil Liberties in the American Legal System Incorporation of the Bill of Rights to Apply to
the States Barron v. Baltimore (1833) Fourteenth Amendment Selective incorporation versus total incorporation Palko v. Connecticut (1937)
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 6
(continued)
Civil Liberties
Freedoms of Speech, Assembly, and the Press: First Amendment Freedoms Supporting Civil Discourse The First Amendment and Political Instability
The Tension Between Freedom and Order The Historical Context for Free Speech Laws The Standard Today: The Imminent Lawless Action
Test
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 8
Civil Liberties
Freedoms of Speech, Assembly, and the Press: Freedom of Speech
Pure Speech versus Symbolic Speech Not all Speech is Created Equal: Unprotected
Speech Freedom of Assembly and Redress of
Grievances Freedom of the Press
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 9
(continued)
Civil Liberties
Freedoms of Religion, Privacy, and Criminal Due Process The First Amendment and the Freedom of
Religion The Establishment Clause The Free Exercise Clause
The Right to Privacy The Emergent Right to Privacy The Right to Privacy Applied to Other Activities
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 10
Civil Liberties
Freedoms of Religion, Privacy, and Criminal Due Process The Fourth, Fifth, Sixth, and Eighth
Amendments: Ensuring Criminal Due Process The Fourth Amendment and the Protection Against
Unreasonable Searches and Seizures The Fifth and Sixth Amendments: The Right to a
Fair Trial and the Right to Counsel
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 13
(continued)
Civil Liberties
Freedoms of Religion, Privacy, and Criminal Due Process The Fourth, Fifth, Sixth, and Eighth
Amendments: Ensuring Criminal Due Process The Eighth Amendment: Protection Against Cruel
and Unusual Punishment
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 14
(continued)
Civil Liberties
Where Do You Stand?
Do you favor or oppose the death penalty for persons convicted of murder?
a. Favor the death penalty
b. Oppose the death penalty
c. Unsure/Don’t know
Source: “Capital Punishment’s Constant Constituency: An American Majority,” http://pewresearch.org/pubs/523/capitalpunishments-constant-constituency-anamerican-majority.
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 15
Civil Liberties
Freedoms in Practice: Controversy over the Second Amendment and the Right to Bear Arms Competing Interpretations of the Second
Amendment Individual right Group right
Citizens Engaged: Fighting for a Safer Nation Civil Liberties in Post-9/11 America
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 16
Civil Liberties
Where Do You Stand?Does the Second Amendment guarantee to all U.S. citizens the right to own a gun? Or does it protect that right only in the case of state militias such as the National Guard?
a. Guarantees the right to all Americans
b. Guarantees the right exclusively to state militias
c. Do not know/no opinion
Source: “Public Believes Americans Have Right to Own Guns,” www.gallup.com/poll/105721/Public-Believes-Americans-Right-Own-Guns.aspx.
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 18
Civil Liberties
Freedoms in Practice: Controversy over the Second Amendment and the Right to Bear Arms Perceived Intrusions on Free Speech and
Assembly Perceived Intrusions on Criminal Due Process
USA PATRIOT Act Foreign Intelligence Surveillance Act (FISA)
Discrimination Against Muslim Americans
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 19
(continued)
Civil Liberties
Where Do You Stand?
Which is more important in the United States today—national security or personal privacy?
a. Security is more important
b. Privacy is more important
c. Not sure
Source: “Capital Punishment’s Constant Constituency: An American Majority,” http://pewresearch.org/pubs/523/capitalpunishments-constant-constituency-anamerican-majority.
©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 20