Gov 15 Civil Liberties

Standard:

Strand: Civics and Government

Content Standard III: Students understand the ideals, rights, and responsibilities of citizenship and understand the content and history of the founding documents of the United States with particular emphasis on the United States and New Mexico constitutions and how governments function at local, state, tribal, and national levels. Students will:

9-12 Benchmark 3-A: compare and analyze the structure, power and purpose of government at the local, state, tribal and national levels as set forth in their respective constitutions or governance documents:

III.IIIA 5. Analyze the rights, protections, limits and freedoms included within the United States constitution and bill of rights,

to include: constitutional mandates such as the right of habeas corpus,

no bill of attainder and the prohibition of the ex post facto laws;

1st Amendment guarantees freedom of religion, speech, press, assembly, and petition;

4th, 5th and 6th Amendments address search and seizure, rights of the accused, right to a fair and speedy trial, and other legal protections;

14th Amendment protection of due process and equal protection under the law;

conflicts which occur between rights, including tensions between the right to a fair trial and freedom of the press and between majority rule and individual rights;

expansion of voting rights, limitation of presidential terms, etc;

Objectives:

List an American Citizen's basic civil liberties and review the constitutional protections provided for each.

WICOR: Writing, Inquiry, Collaboration, Organization and Reading

Essential Question

Freedom of speech is one of Americans' most valued liberties, but are there limits to this and other basic freedoms under the Constitution?

Introduction

Key terms (Civil liberties, Civil rights)

The Bill of Rights

The bill of rights and the states

The Scopes of the bill of the rights

The fourteenth Amendment

Gitlow V. New York (1925)

The Incorporation Doctrine

Freedom of Religion

The First Amendment

The Establishment Clause

The Free Exercise Clause

Freedom of speech and press

The defense of the free speech

The "Clear ad Present Danger" Test

Limits on Free speech

Prior Restraint

Right of the accused

Rights in the original constitution

Searches and Seizures

The right to counsel

The Miranda rule

Summary:

Section 1 Constitutional Rights

The Constitution and the Bill of Rights inscribe into law the human rights, or fundamental freedoms, that belong to everyone. The Bill of Rights, in particular, stands as a written guarantee that government cannot abuse the rights of individuals. The Bill of Rights was intended to limit only the actions of the federal government, not state and local governments. The Fourteenth Amendment changed that, however. The Supreme Court interpreted its due process clause to limit state government actions. Almost all of the Bill of Rights have been incorporated, which means that U.S. citizens in every part of the country have the same basic rights. If citizens believe that a state or local authority has denied them their basic rights, they may take their case to a federal court.

Section 2 Freedom of Religion

The first clause of the First Amendment is known as the establishment clause and states "Congress shall make no law respecting an establishment of religion." The second clause—the free exercise clause—prohibits government from unduly interfering with religious actions. Thomas Jefferson referred to the establishment clause as a "wall of separation" between church and state. Some of the most controversial debates over church-state relations have focused on what kind of aid the government can give parochial schools. The Lemon test provides guidelines for state aid to church schools. The aid must have a nonreligious purpose, neither advance nor inhibit religion, and avoid "excessive government entanglement with religion." Prayer in public schools has consistently been ruled unconstitutional, although Bible study clubs may meet in public schools. The Supreme Court has also applied the establishment clause to overturn laws that banned the teaching of evolution and to disallow solely religious displays at government buildings.

Although the free exercise clause allows everyone to have religious beliefs, the Court applies restrictions if religious practices conflict with criminal laws. Religious practices such as polygamy or refusing to be vaccinated are prohibited. Other religious practices, such as refusal to salute the flag, or allowing Amish children not to attend public school after the eighth grade, have been upheld.

Section 3 Freedom of Speech

The First Amendment freedom of speech exists to protect the expression of unpopular ideas—popular ideas need little protection. Both pure speech and symbolic speech are included in this freedom, although some restraints on pure speech do exist. Seditious speech is outlawed, as are words that present a "clear and present danger." The Court has also allowed speech to be restricted if it has a tendency to lead to illegal action. Other types of speech not protected by the First Amendment include defamatory speech, "fighting words," and student speech that occurs "as part of the school curriculum."

Section 4 Freedom of the Press

In many nations, prior restraint (censorship) is a common way for government to control information and limit freedom. In the United States, the Supreme Court has ruled that the press may be censored only in cases relating directly to national security. Conflicts have occurred between the First Amendment's freedom of the press and a defendant's Sixth Amendment right to a fair trial. Reporters must surrender evidence, although some states protect reporters' sources with shield laws.

Radio and broadcast television do not enjoy as much freedom as other press media because they use public airwaves. The Federal Communications Commission cannot censor programs, but it can punish stations that broadcast indecent language. The Court has given Internet speech the same First Amendment protection as print media. Advertising—or "commercial speech"—is strongly regulated, although the Court has relaxed controls recently. The Court has also placed censorship limits on local communities who set their own standards for defining obscenity.

Section 5 Freedom of Assembly

Freedom of assembly is closely related to freedom of speech because most gatherings involve some form of protected speech. Freedom of assembly includes the right to parade and demonstrate in public. The Court has upheld state and local laws requiring that groups wanting to demonstrate first obtain a permit, as long as the permit is to provide for public order and safety and not to silence unpopular ideas. The Court has set additional limits on public demonstrations in airports, courthouses, and schools. The right to assemble does not allow a group to demonstrate on private property, such as shopping malls. As long as demonstrators remain peaceful, they cannot be charged with disorderly conduct even if the surrounding crowd becomes violent. Picketing is upheld as protected assembly as long as there is a labor dispute.

The First Amendment also protects freedom of association, or the right to join a political party, interest group, or other organization. During the 1950s, the fear of communism led to government arrests of subversives, primarily Communist Party members. Their arrests were upheld as advocating the forcible overthrow of the government. Later Supreme Court cases, however, narrow the precedent to actually preparing for the use of force against the government.

Section 4 Civil Liberties Challenges

Affirmative action policies developed in the 1960s to remedy past discrimination. Minorities and women were targeted for jobs and in higher education in roughly the same proportion that they are in the population. Affirmative action had a major impact on college admissions. Opponents said that using quotas amounted to reverse discrimination. The Court ruled that colleges could not use a quota system, but they could consider race in admissions. In recent years, a more conservative Supreme Court has questioned integration plans of elementary and high schools.

Women challenged discrimination in employment and in other areas in the 1960s and 1970s. The Civil Rights Act of 1964 banned job discrimination based on gender. More recently, the Court has decided gender cases on whether the law in question serves important government objectives and whether the law is related to those objectives.

Other civil liberties include citizens' right to know that the government is doing. The Freedom of Information Act requires federal agencies to give citizens access to unclassified records. And although the Constitution does not mention a right to privacy, the Court has interpreted that this right exists but is not unlimited. Right to privacy cases include such issues as abortion, Internet spying, identity theft, and government surveillance.

Vocabulary:

CIVIL LIBERTIES

Legal and constitutional rights that protect individuals from arbitrary acts of government. Civil liberties include freedom of speech and guarantees of a fair trial.

CIVIL RIGHTS

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. Civil rights include laws prohibiting racial and gender discrimination.

SELECTIVE INCORPORATION

The case-by-case process by which liberties listed in the Bill of Rights have been applied to the states using the Due Process Clause of the Fourteenth Amendment.

ESTABLISHMENT CLAUSE

A provision of the First Amendment that prohibits Congress from establishing an official government-sponsored religion.

FREE EXERCISE CLAUSE

A provision of the First Amendment that guarantees each person the right to believe what he or she wants. However,a religion cannot make an act legal that would otherwise be illegal.

CLEAR AND PRESENT DANGER TEST

Judicial interpretation of the First Amendment that government may not ban speech unless it poses an imminent threat to society.

WRIT OF HABEAS CORPUS

A court order directing that a prisoner be brought before a court and that the court officers show cause why the prisoner should not be released.

BILL OF ATTAINDER

A legislative act that provides for the punishment of a person without a court trial.

EX POST FACTO LAW

A law applied to an act committed before the law was enacted.

EXCLUSIONARY RULE

Supreme Court guideline that prohibits evidence obtained by illegal searches or seizures from being admitted in court.

MIRANDA WARNINGS

Warnings that police must read to suspects prior to questioning that advises them of their rights.

STRICT SCRUTINY

Supreme Court rule that classification by race and ethnic background is inherently suspect and must be justified by a "compelling public interest."

AFFIRMATIVE ACTION

A policy requiring federal agencies, universities, and most employers to take positive steps to remedy the effects of past discrimination.

Across

2. government action that stops someone from doing something before they are able to complete it [2W] [14L]

3. provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion [2W] [19L]

6. acts or statements that are extremely offensive by contemporary standards

8. right of individuals to obtain, use and trade things of value for their own benefit

9. gradual process of making some guarantees of the Bill of Rights apply to state governments and the national government

12. evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

13. agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge or charges in question in exchange for a more lenient punishment

14. prosecution pursued twice at the same level of government for the same criminal action

16. provisions of the Fifth and Fourteenth Amendments that limit government power to deny people life, liberty, or property on an unfair basis

19. law originally created to uphold a religious or moral standard

21. guarantees of equal treatment by government authorities

22. limitations on the power of government, designed to ensure personal freedoms

23. statement by law officers informing a person arrested or subject to interrogation of his or her rights

24. legal document signed by a judge allowing police to search and/or seize a person or property

25. standard for deciding whether a law violates the free exercise clause

Down

1. provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

4. right to be free of government intrusion

5. power of government to take or use property for a public purpose after compensating its owner

7. person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

10. legal standard for determining whether a search or seizure is constitutional or a crime has been committed

11. action or statement that admits guilt or responsibility for a crime

15. means of deciding whether a law that makes it harder for women to seek abortions is constitutional

17. form of expression that does not use writing or speech but nonetheless communicates an idea

18. right of the people rooted in legal tradition and past court rulings, rather than the Constitution

20. law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications