TOPIC 6 CIVIL LIBERTIES AND CIVIL RIGHTS

FREE SPEECH IN A DEMOCRACY

• The First Amendment protects people’s freedom of religion, speech, press, assembly, and petition.

• The First Amendment’s protection of speech and expression lies at the heart of a democratic society.

• Pure speech refers to verbal expression.

• Symbolic speech is behavior that expresses an idea.

CONTENT RESTRICTIONS ON SPEECH

• Free speech is limited in cases where public safety is concerned.

• The government cannot restrict speech based on content but specific categories of content can be punished.

• Obscenity, defamation, and “fighting words” can be punished.

• Some forms of commercial or seditious speech are not protected by the First Amendment.

TIME, PLACE, AND MANNER REGULATIONS

• The government may make reasonable regulations governing the time, place, and manner of speech.

• Regulations over when, where, and how expression is allowed must be viewpoint neutral and evenly enforced.

• Places in which the rules about free speech are different include prisons, schools, and the military.

FREEDOM OF THE PRESS

• Freedom of the press means that government censorship is prohibited by the First Amendment.

• Prior restraint is generally presumed unconstitutional by U.S. courts.

• Conflicts can occur between freedom of the press and the right to a fair trial.

• The growth of technology and mass communication have created new freedom of the press issues.

FREEDOMS OF PETITION AND ASSEMBLY

• Freedoms of petition and assembly are essential rights in a democracy.

• The freedom of assembly must be balanced with maintaining order and safe communities.

• The government may regulate the time, place, and manner of assemblies if it does so fairly.

RELIGIOUS FREEDOM

• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

• The First Amendment prohibits the government from endorsing or punishing religious belief or practice.

• Supreme Court cases dealing with church and state relations have increased significantly in number since 1940.

THE FREE EXERCISE CLAUSE

• If the right to free exercise of religion conflicts with other key interests, the First Amendment may not win.

• Actions based on religious beliefs may be restricted if they violate a key secular government interest.

THE CONTEXT OF THE FOURTEENTH AMENDMENT

• In Dred Scott, the Supreme Court ruled that African Americans were not U.S. citizens.

• The Fourteenth Amendment clearly established what constitutes citizenship.

• In 1924, the Indian Citizenship Act granted citizenship to Native Americans.

• In response to the Fourteenth Amendment, many states passed Jim Crow laws.

THE SECOND AMENDMENT

• Militias were crucial in winning the American Revolution.

• Efforts by the government to regulate firearms are very controversial.

• The Gun Control Act of 1968 prohibits certain people from buying or possessing guns.

• Many states have enacted their own legislation about guns.

• The Supreme Court has ruled that people have a constitutional right to keep guns in their homes.

EQUAL PROTECTION

• Equal protection guarantees that laws apply equally to all people in similar situations.

• Courts use the rational basis test in most discrimination cases.

• Courts use strict scrutiny in laws that discriminate based on race, national origin, or citizenship status.

• The substantial relationship test is used in gender discrimination cases.

RIGHT TO PRIVACY

• The concept of “right to privacy” comes from the First, Third, Fourth, Fifth and Ninth Amendments.

• The right to privacy was basic to Supreme Court rulings on contraception and abortion.

• Advances in technology have created information gathering and privacy issues.

• War and terrorism create tension between citizens’ privacy rights and national security needs.

PROTECTION FROM UNFAIR DISCRIMINATION

• The promise of equality is set out in the Declaration of Independence.

• Discrimination occurs when people are treated differently because of particular characteristics.

• Some laws discriminate in a way that is necessary and legal.

• Some laws discriminate in a way that is unconstitutional.

COMBATING OTHER FORMS OF DISCRIMINATION

• Federal discrimination laws now include discrimination based on age or disabilities.

• Many states and local governments have laws against discrimination based on sexual orientation.

• The federal Age Discrimination in Employment Act of 1967 protects people over age 40.

• A number of laws have been passed to prohibit discrimination based on disability.

DISCRIMINATION BASED ON RACE

• The Thirteenth and Fifteenth Amendments did not end discrimination based on race.

• Jim Crow laws limited the opportunities and legal protections for African Americans.

• In Brown v. Board of Education the Supreme Court overturned the “separate but equal” doctrine.

• The Brown decision encouraged the civil rights movement.

• This led to the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

AFFIRMATIVE ACTION

• Affirmative action takes steps to remedy past and current discrimination.

• Affirmative action is controversial, and several states have banned or limited these programs.

• In 1978, the Supreme Court ruled that racial quotas were illegal.

• Court decisions on affirmative action have been mixed.

RIGHTS OF THE ACCUSED IN A DEMOCRACY

• Even people charged with or convicted of a crime have constitutionally protected rights.

• Procedural due process protects the rights of the accused in criminal cases.

• Procedural due process requires notifying a person of a criminal accusation and allowing a response.

• Several safeguards protect the rights of a person throughout the criminal justice process.

SEARCHES AND SEIZURES

• The Fourth Amendment protects Americans from unreasonable government searches and seizures.

• Police may obtain a search warrant if they can demonstrate probable cause to suspect a crime.

• There are situations in which a warrant is not required to search a person or their belongings.

• Arrest is considered a seizure and requires a warrant or probable cause, but police may stop and question people.

• The exclusionary rule is not in the Fourth Amendment and is highly controversial.

PRESUMPTION OF INNOCENCE

• The judge or jury must regard the defendant as innocent until the government proves guilt.

• To prove guilt in a criminal trial, each element must be proven beyond a reasonable doubt.

• Guilt must be proven, not innocence.

• A defendant’s rights are protected by the Fifth and Sixth Amendments.

PURPOSES AND TYPES OF PUNISHMENT

• When a defendant is found guilty, a judge usually decides the sentence, or punishment.

• Purposes of sentences include retribution, deterrence, rehabilitation, restitution, and incapacitation.

• The ex post facto clause prevents punishment for actions that were not a crime when they occurred.

• Disproportionate incarceration challenges the basic assumption of the fairness of the law.

OTHER RIGHTS AT TRIAL

• The Sixth Amendment provides the right to a speedy and public trial in all criminal cases.

• Defendants often waive their right to a speedy trial.

• Defendants have the right to confront and cross- examine the witnesses against them.

• Defendants cannot be forced to testify against themselves in a criminal trial.

INTERROGATIONS

• The Fifth Amendment protects people from self- incrimination.

• The Sixth Amendment ensures people the right to an attorney.

• A confession cannot be used in court if it is not voluntary and trustworthy.

• The Miranda rights require police to inform suspects in custody of their rights before questioning.