Student Notes for Civil Liberties 

Student Notes for Civil Liberties - 1st Amendment

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble , and to petition the Government for a redress of grievances.”

1. Civil Liberty

  • Rights—chiefly, rights to be free of government interference—accorded to an individual by the Constitution: free speech, free press, and so on.
  • TLDR: There are something governments should be completely hands off

2. Bill of Rights

  • The first ten amendments to the constitution
  • “Congress shall make no law”
  • {{Only limited the federal government{{
      * The government may Limit those rights! Freedom!
      * ==These rights/freedoms are dependent upon each other==
        * Religion, speech, press, assembly, petition the government

3. State Action

  • The requirement that the government or its agents must be involved in order for the Constitution or the Bill of Rights to apply
      * Example- Public School Teacher vs Private School Teacher | State pays the teacher and is therefore a government agent

4. Incorporation

  • The process by which the Supreme Court applies the Bill of Rights to the state via the Fourteenth Amendment
      * “No State shall allow the abridgment of Equal Rights and Due Process.”

5. Establishment Clause

  • The government cannot establish anything as an official language
  • Cannot prefer a certain government
  • Cannot benefit believers more than non-believers

6. Free Exercise Clause

See notability

7. Freedom of Speech

  • A republic/democracy is almost impossible without it
  • Some scholars believe that the first amendment was ONLY written to protect “political free speech“
  • Also includes other ways of expression (art, literature, etc.)
  • Does Freedom of Speech include symbolic speech (Flag Burning)
  • Freedom of Speech is NOT unlimited (Supreme Court decides)
      * Time: Don’t do it at 3 AM/being annoying
      * Place: Only in specified places
      * Manner: how do you do it
      * Defamation: Hurting false information by spreading false information

8. Pure Speech

  • Debate, Speech (broadcasted), written publications
  • Pure Speech receives the highest form of 1st Amendment Protection
  • Words WITHOUT Actions

9. Speech Plus

  • Spoken words + actions
      * demonstrations
      * picketing
  • The government may regulate action components of Speech Plus
  • Non-violent picketing is protected free speech

10. Symbolic Speech

  • Actions that are themselves the messages without spoken words “Expressive Conduct“

11. Obscenity

“I don’t know how to define it, but I do know what it is when I see it“

  • Speech or action that portrays sex or nudity contrary to societal standards of society

12. Defamation

  • Hurting other’s reputations by spreading false information
  • Slander - using spoken words
  • Libel - using written words

13. Fighting Words

  • abusive and insulting comments delivered face-to-face to a specific individual
      * could cause a physical altercation

14. Censorship

  • Government control of free expression

You Cannot

15. Prior Restraint

  • Censorship of a work before it is published
  • You cannot do this*

16. Freedom of Assembly

  • “um this is the only freedom or right with a qualifier, it is peaceably it is not you have the freedom of assembly, you have the ability to assembly peacefully. The idea of an assembly in a lot of cases has been linked to the word petition. When you petition the government, you are using the right of assembly. normally assembly involved petitioning the government”
  • Only one w/ a qualifier

17. Freedom of Association

  • “Key word is unenumerated. Freedom of Association is an enumerated right and the court derives that from the 1st amendment. the idea is that we have the right to associate with who we want and the right we to not associate with people we don’t want to. first time was in 1958, NAACP v Alabama, State of Alabama wanted NAACP to turn over membership list. not for a good reason. NAACP did not have to turn over their membership list because they felt they had the freedom to associate with who they wanted to.“

18. Freedom of the Press

  • “this is a long sentence. people may publicly express ideas and information (including expressions generally considered to be unwise, untrue, or unpopular) without fear of punishment by the government. if someone prints something they can be sued for libel“

19. Freedom of Petition

The right/freedom to encourage or disaprove government action through non-violent legal means

  • vietnam war
  • civil rights

Student Notes for Civil Liberties- Amendments 2-9

“A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”

Free State - refers to country | Individual Right vs Group Right

  • Malitia - part time citizen soldier who defend their communities in emergencies
  • Standing army - a permanent army of professional soldiers

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”

Privacy

Unreasonable searches and seizures are unconstitutional because they violate the “expectation of privacy“

  • Unlawful Seizure- Search of a person or his or her premises and or seizure of evidence found without a search warrant and or probable cuase

General warrants

  • Orders allowing government agents to search anywhere and anyone they wanted

Writ of Assistance

  • Type of general warrant used by British customs enforcement to search homes and businesses for stolen goods

Search Warrant

Court order allowing authorities to search for and seize property and or evidence

Probable Cause

A reasonable belief that a particular person has committed a particular crime

Exclusionary Rule

A legal doctrine that excludes from trial any evidence seized illegally by the police

The Reasonable Expectation Privacy

  • the right to be left alone
  • the legal test that is used to determine whether the fourth amendment’s protections apply to a particular search or seizure
      * when is a man’s home a castle
      * when can the government intrude on your privacy
  • Need probable cause → leads to a search warrant → no more privacy!

5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a Grand Jury…; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without due process of law -5th Amendment

Grandy Jury

A large jury of 23 citizens that determines if there is enough evidence to charge somebody with a crime

Petit Jury

Trial Jury with 12 citizens that decide guilt or innocence based on the facts

Indictment

A formal criminal charge issued by a grand jury

Double Jeopardy

You cant try a defendant twice for the same offense

Self Incrimination

They do not have to say anything at trial

Miranda Warnings

The requirement that police must inform suspects in their custody that they have the right to remain silent and that anything they say can and will be used against you in a court of law, you have the right to an attorney during questioning and if they don’t have the money one will be appointed

Due Process (Procedural)

Found in the 4th-8th Amendments

YOUR Rights

the government must follow fair procedures in criminal and civil cases

Imminent Doman/Takings Clause-

no person shall be deprived of life liberty or property without due process of law nor shall private property be taken for public use without due process/must give just compensation

6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense

Speedy Trial

  1. Bringing a defendant to trial quickly

   
   1. Justice delayed is justice denied

  1. Along the land can damage a person’s reputation

Public Trial

To stop from getting the defendant railed

Plea Bargain

Process in which the defendant pleas guilty to a lesser criminal charge in exchange for a reduced sentence

In federal criminal cases 97% of cases never make it to trial

Voir dire

The process of questioning potential jurors ie dismissing biases and people knowledgeable about the case

Arraignment

A court hearing where the defendant pleads guilty or innocent

Cross Examination

The process of asking questions to challenge a witnesses’ testimony

Subpoena

A court order forcing a witness to testify or produce relevant evidence

Impartial Jury

A jury that wont favor any side or discriminate against anyone

7th Amendment

“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law“

Trial by Jury

  1. Article III - Criminal Trial
  2. 6th Amendment - Criminal Trial
  3. 7th Amendment - Civil Trial

8th Amendment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted“

Bail

Money or property posted as security to assure a defendant for showing up to trial

Capital Punishment

= Death Penalty

  • Right mental state
  • smart

Cruel and Unusual Punishments

punishments considered too severe or inappropriate

“The enumeration in the Constitution of certain rights shall not be constructed to deny or disparge others retained by the people“

Unenumerated Rights - rights not specifically listed but are implied

Rights to privacy - most controversial right that has not enumerated