Ch 4 GOV 2 US Civil Liberties

Civil Rights

guarantees of equal opportunity and protection through obligations imposed on the government to protect individuals and citizens to be treated equally 

Civil Liberties

areas of personal freedom constitutionally protected from government interference. The Bill of Rights (liberties) -> limits the national government  

Bill of Rights NOT in the constitution  (position of federalist)

were against this (Hamilton – dangerous, unnecessary)

Bill of Rights NOT in the constitution  (position of antifederalist)

supported this; saw potential abuses of power without one  

14^th Amendment

attempts to extend Bill of Rights to states

1st Amendments

Freedom of Religion  and Freedom of speech/press 

1st Amendment Establishment Clause

sets up a wall of separation between church and state; no entanglement  

1st Amendment Free Exercise Clause

right to believe/practice the religion of your choice or to be a nonbeliever  

Lemon Test 3 part test

1. Have a secular purpose (not intended to promote or inhibit religion).

2. Not advance or inhibit religion (it must be neutral toward religion).

3. Avoid excessive government entanglement with religion (government cannot become too involved in religious affairs).

Lemon Test def

A three-part test used by courts to determine if a law or government action violates the Establishment. if a law or policy fails any part of the Lemon Test, it is unconstitutional under the Establishment Clause.

“Clear and Present Danger” Test

(Schenck v. United States, 1919)

• Speech can be restricted if it creates a clear and present danger of significant harm.

• Example: Yelling “fire” in a crowded theater when there is no fire.

Fighting Words

• Speech that directly incites violence or lawless action is not protected.

• Example: Threatening or provoking someone into an immediate violent reaction.

Speech Plus

• Speech combined with actions like protests, marches, or picketing.

• Protected, but the government may regulate time, place, and manner (e.g., requiring permits for protests).

Prior Restraint

Government censorship before publication is generally unconstitutional (Near v. Minnesota, 1931).

Libel (Written Defamation)

• Publishing false, damaging statements about someone.

• Must prove actual malice for public figures (New York Times v. Sullivan, 1964).

Slander (Spoken Defamation)

• False, spoken statements that harm someone’s reputation.

• Like libel, must be proven false and harmful

The First Amendment protects freedom of speech and the press, but not all speech is absolute. Courts have established limits in certain situations.

clear and present danger” test; fighting words; Speech plus; prior restraint; libel; slander

2^nd Amendment – Right to Bear Arms  

• Purpose – establish a militia (police) to maintain order  

• Right to "keep and bear arms" is associated with participation in a militia  

• States failed to provide arms, so citizens kept theirs ready  

• NO expressed gun right controversies – limits, cannot ban in homes, can regulate firearm access  

3^rd Amendment  

Cannot quarter soldiers in private homes without the owner's consent  

Rights of the Accused = DUE PROCESS  

• 4^th amendment  

• 5^th  

• 6^th  

• 8^th  

• Free of arbitrary action by national / state government  

• Part of the procedural civil liberties (rules regarding how government must act)  

4th Amendment 

• Protects against unreasonable (improper) searches and seizures  

• Deprives people of their person and property  

• Exclusionary rule – evidence obtained illegally is not admissible  

• Technology changes  

• Aggressive police tactics  

5^th amendment  

1. Right to Grandy Jury – evidence for a trial  

2. Protection against double Jeopardy  

3. Protection against self incrimination - Miranda Rule  

4. Taking clause – protects against the taking of private property without "just compensation"  

Grand jury def

• A group of citizens (usually 16-23 people) who review evidence and decide if there is enough probable cause to indict (formally charge) a person with a crime.

• Used in federal felony cases, but not required in all state cases.

• Does NOT determine guilt or innocence, only whether a case should go to trial.

Double Jeopardy def

• Protects individuals from being tried twice for the same crime once acquitted or convicted.

Miranda Rule

• Requires law enforcement to inform suspects of their rights before interrogation:

  1. Right to remain silent.

  2. Anything said can be used against them in court.

  3. Right to an attorney (provided if they cannot afford one).

• Ensures protection against self-incrimination (forcing someone to testify against themselves).

6th amendment  

1. Right to counsel – Gideon v. Wainwright  

2. Right to speedy trial  

3. Right to an impartial jury  

8^th amendment

cruel and unusual punishment  

8^th amendment prohibits

• excessive bail fines and cruel and unusual punishment  

• Death penalty?  

  • Due process must be followed  

  • States decide methods  

  • Controversies