civil liberties

  1. civil liberties not in the bill of rights
    •  1.No Religious Test Clause of the United States Constitution is found in Article VI, paragraph 3 no religious qualifications for office
    • 2.7th amendment guarantee of trial by jury
    • 3.Article I, section 9, paragraph 3 of the United States Constitution bans bills of attainder
    • 4. Constitution, Article I, Section 9 bans ex post facto laws
  2. bills of attainder
    is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial
  3. what bans bills of attainder
    banned in Article I, section 9, paragraph 3 of the United States Constitution
  4. ex post facto
    grandfather clause
  5.  Gitlow v. New York 1925
    Fourteenth Amendment to the United States Constitution had extended the reach of certain limitations on federal government authority set forth in the First Amendment
  6. freedom of expression
    • 1. freedom of speech
    • 2. freedom of press
    • 3. freedom of religion
    • 4. right of asssociation and right to assembly
  7. why is freedom of expression important?
  8. espionage acct of 1917
    years' imprisonment for interfering with the recruiting of troops or the disclosure of information dealing with national defence
  9. sedition act of 1918
    It forbade the use of "disloyal, profane, scurrilous, or abusive language" about the United States government, its flag, or its armed forces or that caused others to view the American government or its institutions with contempt.
  10. smith act of 1940
    also the alien registration act set criminal penalties for advocating the overthrow of the U.S. government and required all non-citizen adult residents to register with the government
  11. Brandenberg v. Ohio 1969
    The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action
  12. pure speech
    •  the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea.
    • highest degree of protection under the first amendment
  13. sybolic speech
    Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.[1] Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document.
  14. speech with conduct
    • Defined - Speech combined with conduct that is intended convey more than speech alone
    • Example - Speech and carrying a sign, picket lines
  15. Types of Speech
    • Political Speech/Public Forum Speech
    • Speech plus Conduct
    • Symbolic Speech
    • Obscenity
  16. Political speech
    • Considered to be the highest form of speech
    • Public places can serve as places to give speeches
    • Speech can be subject to reasonable time, place, and manner restrictions
  17. What is reasonable speech?
    What is reasonable? Court must balance individual interest and the requirements of law and society
  18. symbolic speech
    • Defined - There are no “spoken words.” The “speech” occurs only through actions or symbols.
    • Example - wearing an armband, burning a flag
  19. Obscenity
    • Not protected by the First Amendment
    • Defined - “Whether to the average person, applying local community standards, the work depicts in a patently offensive way sexual conduct specifically defined as “obscene” in law; and the work, taken as a whole, lacks “serious literary artistic, political or scientific value” Miller (1973)
  20. Freedom of Press
    • Guiding principle is that there will be no prior restraint. 
    • Defined - Stopping the broadcast or publication of information (censorship)
    • False information which is published and is damaging may be determined “libelous” (New York Times v. Sullivan 1964)
  21. Freedom of the press
    • To prove libel you must show the information was
    • False
    • Damaged your reputation
    • It is very difficult to win a libel case, especially if you are a “public figure”
  22. Freedom of religion
    • Establishment Clause - the government can not give advantages to one religion over another
    • Idea is to create a “wall of separation” between church and state.
  23. Lemon test
    Lemon test used to determine if government action is appropriate action must be secular action must be neutral action must not create excessive gov. involvement
  24. Free exercise clause
    • In principle, you are allowed to practice your religion as you see fit
    • Important to distinguish between “Beliefs” and “Practice” Restrictions are appropriate if intent is not to restrict religious behavior (usually done to protect public safety)
  25. Freedom of Assembly and Privacy
    • Individuals are permitted to assemble. Important for understanding interest group formation.
    • Right to Privacy - Not mentioned in the Constitution. Most of us believe we have such a right.
  26. Right to Privacy
    • Used to establish the right to abortion (Roe v. Wade) and the distribution of contraceptives (Griswold v. Connecticut).
    • Public opinion on the issue of abortion varies widely
  27. Criminal Rights
    • Search and Seizure
    • Self-Incrimination
    • Right to Attorney
    • No Excessive Bail
    • No Cruel and Unusual Punishment
  28. Exclusionary Rule
    • Evidence seized during a criminal investigation without proper search warrant is inadmissiblle in a trial (mapp v. ohio)
    • exceptions to the rule
    • good faith
    • inevitable discovery
    • independent evidence
Card Set
civil liberties
civil lib vs rights