Chapter 5 Civil Liberties. Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 1. Why do the courts play so large a role in deciding what our civil liberties

Chapter 5Chapter 5Civil LibertiesCivil Liberties

Copyright © 2011 CengageCopyright © 2011 Cengage

WHO GOVERNS?WHO GOVERNS?1. Why do the courts play so large a role 1. Why do the courts play so large a role

in deciding what our civil liberties in deciding what our civil liberties should be?should be?

TO WHAT ENDS?TO WHAT ENDS?1.1. Why not display religious symbols on Why not display religious symbols on

government property?government property?

2.2. If a person confesses to committing a If a person confesses to committing a crime, why is that confession crime, why is that confession sometimes not used in court?sometimes not used in court?

3.3. Does the Patriot Act reduce our Does the Patriot Act reduce our liberties?liberties?

Culture and Civil LibertiesCulture and Civil Liberties

Rights in ConflictRights in Conflict Cultural ConflictsCultural Conflicts Applying the Bill of Rights to the Applying the Bill of Rights to the

StatesStates• Due process of lawDue process of law• Equal protection of the lawEqual protection of the law• Selective incorporationSelective incorporation


Figure 5.1 Annual Legal Figure 5.1 Annual Legal Immigration, 1850-2005Immigration, 1850-2005


Note: Figures for 1989 and 1990 include persons granted permanent residence under the legalization program of the Immigration and Reform and Control Act of 1986. Source: Office of Immigration Statistics, 2005 Yearbook of Immigration Statistics. (Washington, D.C.: Department of Homeland Security, 2006), p. 5.

Interpreting and Applying the Interpreting and Applying the First AmendmentFirst Amendment

Freedom of Freedom of expressionexpression

Freedom of religionFreedom of religion Prior restraintPrior restraint Clear-and-present Clear-and-present

danger testdanger test


Women picketed in front of Women picketed in front of the White House, urging the White House, urging President Warren Harding President Warren Harding to release political radicals to release political radicals arrested during his arrested during his administration. p. 104administration. p. 104


Bettmann/CORBIS


What is Speech?What is Speech?

LibelLibel ObscenityObscenity Symbolic SpeechSymbolic Speech

A Ku Klux Klan member uses his constitutional right to free speech to utter “white power” chants in Skokie, Illinois, p. 105 .

Tim Boyle/Newsmakers/Getty Images


““Symbolic speech”: when Symbolic speech”: when young men burned their young men burned their draft cards during the draft cards during the 1960s to protest the 1960s to protest the Vietnam War, the Vietnam War, the Supreme Court ruled that Supreme Court ruled that it was an illegal act for it was an illegal act for which they could be which they could be punished. p. 108punished. p. 108


Bettmann/CORBIS

Commercial and Commercial and Youthful SpeechYouthful Speech

CorporationsCorporations Interest GroupsInterest Groups YouthYouth


p. 109

Church and StateChurch and State The Free Exercise Clause: Congress The Free Exercise Clause: Congress

shall make no law prohibiting the shall make no law prohibiting the “free exercise” of religion“free exercise” of religion

Establishment Clause: Congress Establishment Clause: Congress shall make no law “respecting an shall make no law “respecting an establishment of religion”establishment of religion”

Wall of Separation: Court ruling that Wall of Separation: Court ruling that government cannot be involved with government cannot be involved with religionreligion



Crime and Due ProcessCrime and Due Process

The Exclusionary RuleThe Exclusionary Rule Search and SeizureSearch and Seizure


The Threat Operations Center at the National Security Agency in The Threat Operations Center at the National Security Agency in Fort Meade, Virginia. p. 114Fort Meade, Virginia. p. 114


JASON REED/Reuters/Landov

MEMORANDUMMEMORANDUM

To: To: Rebecca Saikia, Supreme Court justiceRebecca Saikia, Supreme Court justice

From: From: David Wilson, law clerkDavid Wilson, law clerk

Subject: Subject: Patriot Act and librariesPatriot Act and libraries

The Patriot Act allows the FBI to seek the records of possible The Patriot Act allows the FBI to seek the records of possible terrorists from banks, businesses, and libraries. Many terrorists from banks, businesses, and libraries. Many libraries claim this will harm the constitutional rights of libraries claim this will harm the constitutional rights of Americans. You support these rights, but are also aware of Americans. You support these rights, but are also aware of the need to protect national security.the need to protect national security.


WHAT WOULD YOU DO?WHAT WOULD YOU DO?

Arguments supporting the Patriot Act:Arguments supporting the Patriot Act:

1. The Patriot Act does not target individuals who have not 1. The Patriot Act does not target individuals who have not violated a criminal law and who do not threaten human life.violated a criminal law and who do not threaten human life.

2. For the FBI to collect information about borrowers, it must 2. For the FBI to collect information about borrowers, it must first obtain permission from a federal judge.first obtain permission from a federal judge.

3. Terrorists may use libraries to study and plan activities that 3. Terrorists may use libraries to study and plan activities that threaten national security.threaten national security.



Arguments against the Patriot Act:Arguments against the Patriot Act:

1. Freedom of speech and expression are fundamental 1. Freedom of speech and expression are fundamental constitutional guarantees that should not be infringed.constitutional guarantees that should not be infringed.

2. The law might harm groups engaged in peaceful protests.2. The law might harm groups engaged in peaceful protests.

3. The law allows the government to delay notifying people 3. The law allows the government to delay notifying people that their borrowing habits are being investigated.that their borrowing habits are being investigated.



Your decision:Your decision:

Uphold this provision?Uphold this provision?

Overturn this provision?Overturn this provision?



Confessions and Self-IncriminationConfessions and Self-Incrimination Relaxing the Exclusionary RuleRelaxing the Exclusionary Rule Terrorism and Civil LibertiesTerrorism and Civil Liberties Searches without WarrantsSearches without Warrants


Crime and Due ProcessCrime and Due Process


p. 119


Inside a cell at the terrorist prison in Guantanamo, Inside a cell at the terrorist prison in Guantanamo, where Muslim inmates receive a copy of the Koran,where Muslim inmates receive a copy of the Koran,a chess set, and an arrow pointing toward Mecca. a chess set, and an arrow pointing toward Mecca. p. 119p. 119

JOE SKIPPER/ Reuters/ Corbis


Documents

Chapter 5 Civil Liberties. Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 1. Why do the courts play so large a role in deciding what our civil liberties