Chapter 4
Civil Liberties
Civil Liberties versus Civil
Rights
? civil liberties involve restraining the
government’s action against individuals
? civil rights are rights all individuals share as
provided for in the 14th amendment,which
guarantees equal protection under the law
Table 4-1,Incorporating the Bill of Rights into the
Fourteenth Amendment
Year Issue Amendment Involved Court Case
1925
1931
1932
1937
1940
1947
1948
1949
1961
1962
1963
1964
1965
1966
1967
1969
Freedom of speech
Freedom of the press
Right to a lawyer in capital punishment cases
Freedom of assembly and right to petition
Freedom of religion
Separation of church and state
Right to a public trial
No unreasonable searches and seizures
Exclusionary rule
No cruel and unusual punishment
Right to a lawyer in all criminal felony cases
No compulsory self-incrimination
Right to privacy
Right to an impartial jury
Right to a speedy trial
No double jeopardy
I
I
VI
I
I
I
VI
IV
IV
VIII
VI
V
I,III,IV,V,IX
VI
VI
V
Gitlow v,New York,268 U.S,652,
Near v,Minnesota,283 U.S,697,
Powell v,Alabama,287 U.S,45,
De Jonge v,Oregon,299 U.S,353,
Cantwell v,Connecticut,310 U.S,296,
Everson v,Board of Education,330 U.S,1,
In re Oliver,333 U.S,257,
Wolf v,Colorado,338 U.S,25,
Mapp v,Ohio,367 U.S,643,
Robinson v,California,370 U.S,660,
Gideon v,Wainwright,372 U.S,335,
Malloy v,Hogan,378 U.S,1,
Griswold v,Connecticut,381 U.S,479,
Parker v,Gladden,385 U.S,363,
Klopfer v,North Carolina,386 U.S,213,
Benton v,Maryland,395 U.S,784,
Freedom of Religion,
? Separation of Church and State
– comes from the 1st amendment
? establishment clause
? state aid to church-related schools
? Issues concerning separation of church and state
include,
– school vouchers
– prayer in schools
– teaching evolution
– religious speech
Freedom of Religion (cont.)
? Free Exercise
– comes from the 1st amendment
– means that no type of religious practice can be
prohibited and restricted by the government
Freedom of Expression
? No prior restraint – the Supreme Court has
been critical of government efforts to censor
expression (prior restraint)
? The Supreme Court has protected some
forms of speech,
– symbolic speech
– commercial speech (though in Nike v,Kasky
(2003),the court did not protect commerical
speech
Freedom of Expression
Permitted restrictions,
– speech that presents a,clear and present danger”
– speech speech that might lead to some,evil
“(the bad tendency rule)
Freedom of Expression
Unprotected speech
? obscenity
? hate speech
? slander
Freedom of the Press
? press has some protection from libel charges
? libel must be accompanied by actual malice
? the press is now protected from gag orders during
trials,except in unusual circumstances
? radio and t.v,have much more limited 1st
amendment protections
? they are subject to the equal time rule
The Right to Assemble and Petition
the Government
? can be limited by municipalities right to
offer permits for marches
? protected by the 1st amendment
Privacy Rights and Abortion
? no explicit right to privacy in Constitution,
but in Roe v,Wade (1973) court rules that
privacy rights include abortion rights
? since then,the Court has taken on a more
restrictive view of the rights outlined in Roe
Rights of the Accused versus the
Rights of Society
? Limits on Conduct of Police Officers and
Prosecutors
? Defendant’s Pre-Trial Rights
? Trial Rights
? Miranda Rights
? Videotaped Interrogations
? Exclusionary Rule
Hot Links to Selected Internet
Resources,
? Book’s Companion Site,
http://politicalscience.wadsworth.com/schmidtbrie
f2004
? Wadsworth’s Political Science Site,
http://politicalscience.wadsworth.com
? American Civil Liberties Union,
http://www.aclu.org
? Project Vote Smart,
http://www.vote-smart.org/issues
? EPIC Archive – Privacy,
http://www.epic.org/privacy
Civil Liberties
Civil Liberties versus Civil
Rights
? civil liberties involve restraining the
government’s action against individuals
? civil rights are rights all individuals share as
provided for in the 14th amendment,which
guarantees equal protection under the law
Table 4-1,Incorporating the Bill of Rights into the
Fourteenth Amendment
Year Issue Amendment Involved Court Case
1925
1931
1932
1937
1940
1947
1948
1949
1961
1962
1963
1964
1965
1966
1967
1969
Freedom of speech
Freedom of the press
Right to a lawyer in capital punishment cases
Freedom of assembly and right to petition
Freedom of religion
Separation of church and state
Right to a public trial
No unreasonable searches and seizures
Exclusionary rule
No cruel and unusual punishment
Right to a lawyer in all criminal felony cases
No compulsory self-incrimination
Right to privacy
Right to an impartial jury
Right to a speedy trial
No double jeopardy
I
I
VI
I
I
I
VI
IV
IV
VIII
VI
V
I,III,IV,V,IX
VI
VI
V
Gitlow v,New York,268 U.S,652,
Near v,Minnesota,283 U.S,697,
Powell v,Alabama,287 U.S,45,
De Jonge v,Oregon,299 U.S,353,
Cantwell v,Connecticut,310 U.S,296,
Everson v,Board of Education,330 U.S,1,
In re Oliver,333 U.S,257,
Wolf v,Colorado,338 U.S,25,
Mapp v,Ohio,367 U.S,643,
Robinson v,California,370 U.S,660,
Gideon v,Wainwright,372 U.S,335,
Malloy v,Hogan,378 U.S,1,
Griswold v,Connecticut,381 U.S,479,
Parker v,Gladden,385 U.S,363,
Klopfer v,North Carolina,386 U.S,213,
Benton v,Maryland,395 U.S,784,
Freedom of Religion,
? Separation of Church and State
– comes from the 1st amendment
? establishment clause
? state aid to church-related schools
? Issues concerning separation of church and state
include,
– school vouchers
– prayer in schools
– teaching evolution
– religious speech
Freedom of Religion (cont.)
? Free Exercise
– comes from the 1st amendment
– means that no type of religious practice can be
prohibited and restricted by the government
Freedom of Expression
? No prior restraint – the Supreme Court has
been critical of government efforts to censor
expression (prior restraint)
? The Supreme Court has protected some
forms of speech,
– symbolic speech
– commercial speech (though in Nike v,Kasky
(2003),the court did not protect commerical
speech
Freedom of Expression
Permitted restrictions,
– speech that presents a,clear and present danger”
– speech speech that might lead to some,evil
“(the bad tendency rule)
Freedom of Expression
Unprotected speech
? obscenity
? hate speech
? slander
Freedom of the Press
? press has some protection from libel charges
? libel must be accompanied by actual malice
? the press is now protected from gag orders during
trials,except in unusual circumstances
? radio and t.v,have much more limited 1st
amendment protections
? they are subject to the equal time rule
The Right to Assemble and Petition
the Government
? can be limited by municipalities right to
offer permits for marches
? protected by the 1st amendment
Privacy Rights and Abortion
? no explicit right to privacy in Constitution,
but in Roe v,Wade (1973) court rules that
privacy rights include abortion rights
? since then,the Court has taken on a more
restrictive view of the rights outlined in Roe
Rights of the Accused versus the
Rights of Society
? Limits on Conduct of Police Officers and
Prosecutors
? Defendant’s Pre-Trial Rights
? Trial Rights
? Miranda Rights
? Videotaped Interrogations
? Exclusionary Rule
Hot Links to Selected Internet
Resources,
? Book’s Companion Site,
http://politicalscience.wadsworth.com/schmidtbrie
f2004
? Wadsworth’s Political Science Site,
http://politicalscience.wadsworth.com
? American Civil Liberties Union,
http://www.aclu.org
? Project Vote Smart,
http://www.vote-smart.org/issues
? EPIC Archive – Privacy,
http://www.epic.org/privacy
