25jan2012.doc

POS 2041 25 JANUARY CIVIL LIBERTIES TOPIC DETAILS Civil Liberties Personal guarantees and freedom to worship/religion, speech, etc. UCF Campus Free Speech Lawn Employment (MAY) Sign away intellectual property, right to join union, speech to press, right to color hair, wear certain clothes, piercings, discussion of salary w/ coworkers Safeguards in Constitution Habeas corpus? ? arraignment, reason for being held (jail) Bill of attainder ? prohibited by Constitution; right to trial; due process ex post facto ? if someone did something that was legal and it then becomes illegal, they cannot be tried for doing it while it was legal First Constitutional Amendments Bill of Rights Bill was intended to limit powers of natl gov. First 8 grant people specific rights and liberties Gideon v. Wainwright; 6th amendment (right to counsel) Remaining two amendments reserve certain rights and powers to the people and states Key function of the Bill of Rights protect the rights of those in the minority against those of the majority Incorporation Issue How does the natl govt'persuade' states to adopt the Bill of Rights Bill of Rights limit actions of the national governments not actions of state or local governments How has this affected rights of citizens? How were civil liberties 'nationalized'? Gitlow v New York (1925) Challenges States' refusal to apply Bill of Rights Case is first step in incorporation doctrine. Gitlow was the chairperson of the Socialist party; began distributing pamplets NY accused him of trying to overthrow natl gov Supreme Court overruled NY conviction: States cannot limit freedom of speech cannot limit forms of political expression 14th amendment Due process clause right to be treated equally under the law ensures that state govt protects citizens rights Freedom of Religion Early colonists had little religious tolerance By the American Revolution, 9 of the 13 colonies had established official religions Establishment Clause Govt cannot establish an official religion Jefferson: ?a wall of separation between church and state? This does not prohibit the govtfrom supporting religion in general Should we have a state religion TOPIC DETAILS When evaluating religious establishment (Supreme Court) Does govt have secular purpose in its decision? Does it neither advance nor inhibit religion? Does it not foster govt entanglement? (does not impose a religious belief upon govt) Evolution v. Creationism Certain religious groups oppose the teaching of evolution in the schools Supreme Court State laws that forbid teaching of evolution in schools are unconstitutional Evolution v. Intelligent Design Intelligent Design A scientific theory and thus its teaching should not violate the Establishment Clause Belief that God is the ?intelligent cause?? Creationism in disguise? School Voucher Programs 2002, Supreme Court rule Voucher program in Cleveland, OH was constitutional Why? Funds went to parents, not to schools Gave vouchers to parents to allow them to send children to private schools rather than failing public schools 1st Amendment Free Exercise Cannot interfere with religious practice. Right is not absolute Necessity can outweigh freedom cannibalism; polygamy; human sacrifice Laws must be neutral toward religion itself Freedom of Expression Falls under 1st amendment Including ideas that may be unpopular Protect symbolic speech flag burning picketing any symbolic protest/support for cause Limits on speech Passed in the interests of protecting other rights of Americans Limited during time of war UNPROTECTED Speech Does NOT apply to elected officials (exception: threatening the life/safety of the President and his family) Does a speech have social value? Libel, or false written statements. Slander, or untrue spoken statements. Fighting words, or words that breach the peace. Obscenity, varies by jurisdiction. Obscenity in Cyberspace Free speech in cyberspace is controversial Children's Internet Protection Act (CIPA) in 2000 Internet filtering software to protect children from pornography Must be used in public institutions Act does not violate 1st amendment Freedom of the Press Press should be free to publish Opinions and information freely Media ownership also determines what the press is free to print Govt may not restrict freedom of press, but corporate interests might Does this violate 1st amendment? Goodnight and Good Luck directed by George Clooney Wikileaks Guidelines Clear and present danger test Speech clearly presents an immediate threat to public order. What might present threat to public? Paranoia? Direct incitement test (1969): Only way you can intervene in protests etc Punish only direct incitement of illegal action Does it produce lawless action and/or is likely to lead to such action? ?Advocate? incitement to violence not punishable KKK rally in Ohio in 1969 8th Amendment Cruel & Unusual punishment Briefly unconstitutional for a period in the 1970s Should the U.S. Abolish the death penalty? Is the death penalty effective as deterrent? Right to Privacy Griswold v. Connecticut Married couples' right to birth control Pharmacist sold birth control to a married woman & got into trouble Should states retain the authority to limit these rights? If a right is limited, is it still considered a ?right?? Do rights have to be absolute? Abortion Roe v. Wade ?the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people? Court used 9th amendment in arguing right to privacy was a Constitutional right before 1st trimester, its ok Partial Birth Abortion Ban Act in 2003 In a close (4-5) and controversial decision, the Supreme Court upheld the act in 2007 Does it violate Right to Privacy? Why is this controversial? Do We Have the ?Right to Die?? Does the Right to Privacy apply? Supreme Court: ?no?. Upheld states' rights to ban such a practice. However, state laws permitting assisted suicide are constitutional Currently, Oregon, Washington, and Montana allow the practice Civil Liberties and Terrorism USA Patriot Act and Military Commissions Act Increase law enforcement's search capabilities TIPS Report suspicious activity to the government Dismantled after public outcry Americans have rejected the idea of national ID cards Attempt to deny habeas corpus rights to defendants ? Guantanamo prisoners TOPIC DETAILS The Miranda Warnings In 1966, the Supreme Court issued a landmark decision in Miranda v. Arizona. Court established the Miranda warnings ?You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you...? The Erosion of Miranda Digital recording of interrogations and confessions May satisfy the 5th amendment's prohibition against coercion May render the Miranda warning unnecessary