The document discusses civil liberties and protections guaranteed by the US Constitution. It covers several topics: 1) The Bill of Rights and later amendments protect civil liberties like freedom of speech, religion, press, and due process of law. 2) The Constitution limits government authority and protects individual rights, though some rights can conflict and are not guaranteed to non-citizens. 3) Constitutional protections include privacy rights, freedom from unreasonable searches and seizures, and bans on slavery. However, national security laws have expanded government surveillance powers. 4) The rights of the accused, like due process, habeas corpus, and bans on self-incrimination and double jeopardy, are outlined. Limits on bail

13. A Commitment to Freedom
• The listing of the general rights of the people can be found in the first ten
amendments in the Constitution, also known as the Bill of Rights.
• The 13th and 14th amendments have also added to the Constitution’s
guarantees of personal freedom.
In general, civil liberties are
protections against government.
They are guarantees of the safety of
persons, opinions, and property
from arbitrary acts of government.
The term civil rights is
sometimes reserved for those
positive acts of government
that seek to make
constitutional guarantees a
reality for all people.

15. Limited Government
Throughout the Constitution, the extent of governmental authority is strictly limited.
The rights that the Constitution guarantees to citizens are also limited.
People in the United States are free to do as they please as long as they do not infringe upon the rights of others. Rights are relative.
Sometimes, different rights conflict with one another, such as the freedom of the press and the right to a fair trial.
Not all rights are guaranteed to aliens, who are foreign-born residents or non-citizens. For instance, their right to travel is often restricted.

21. “The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage
others retained by the people.”

23. Section 1 Review
1. The Bill of Rights was ratified
(a) with the Constitution.
(b) in 1791.
(c) in 1833.
(d) in 1964.
2. The 14th Amendment includes the
(a) Bill of Rights.
(b) Due Process Clause.
(c) rights of an accused person.
(d) all of the above.

24. Section 1 Review
1. The Bill of Rights was ratified
(a) with the Constitution.
(b) in 1791.
(c) in 1833.
(d) in 1964.
2. The 14th Amendment includes the
(a) Bill of Rights.
(b) Due Process Clause.
(c) rights of an accused person.
(d) all of the above.

29. Separation of Church and
State
Church and
government are
constitutionally
separated from
one another.
However, the
government
supports churches
and religion in a
variety of ways,
including tax
exemption.
A wall of separation?

34. Religion and Education
The Supreme Court has had to consider
many Establishment Clause cases that
involve religion and education.
Released Time—students can be released during school hours to
attend religious classes, as long as the classes do not take place in a
public facility
Prayers and the Bible—the use of prayer and the Bible in a religious
way is not allowed in school or at school functions
Student Religious Groups—are allowed to meet in the school on
the same basis as other student organizations
Evolution—a doctrine can not be preferred or prohibited according to its
relation to a religious theory
Aid to Parochial Schools—the Supreme Court uses the Lemon test
to determine what public funding of church-related schools is acceptable

44. Other Establishment Clause Cases
Seasonal Displays
•Lynch v. Donnelly, 1984—
allowed the display of a nativity
scene along with other
nonreligious objects on public
land
•County of Allegheny v. ACLU,
1989—prohibited an
exclusively Christian holiday
display
•Pittsburgh v. ACLU, 1989—
allowed a multi-faith holiday
display
Chaplains
•The Supreme
Court ruled in
Marsh v.
Chamber, 1983
that it was
permissible for
chaplains to
open daily
sessions of
Congress and
State

47. The Free Exercise Clause
Limits
•Actions that violate
social duties or disrupt
social order are not
covered under the Free
Exercise Clause.
•Examples:
•Bigamy
•Using poisonous
snakes during religious
ceremonies
•Schoolchildren who
have not been
vaccinated
Free Exercise Upheld
•The Court has found many
government actions to be
counter to the Free Exercise
Clause.
•Examples:
•Amish children cannot be
forced to go to school after
grade 8
•Ministers are allowed to hold
elective office
•Unemployment benefits
cannot be denied to someone
who quit their job because of
religious beliefs

49. Section 2 Review
1. The Establishment Clause and the Free Exercise Clause
protect
(a) freedom of petition.
(b) freedom of assembly.
(c) freedom of religion.
(d) all of the above.
2. The Lemon Test evaluates
(a) if a car has manufacturer’s defects.
(b) what aid is appropriate to give parochial schools.
(c) when it is appropriate to salute the flag.
(d) all of the above.

50. Section 2 Review
1. The Establishment Clause and the Free Exercise Clause
protect
(a) freedom of petition.
(b) freedom of assembly.
(c) freedom of religion.
(d) all of the above.
2. The Lemon Test evaluates
(a) if a car has manufacturer’s defects.
(b) what aid is appropriate to give parochial schools.
(c) when it is appropriate to salute the flag.
(d) all of the above.

60. Obscenity
Obscenity laws are enforced under the postal
power (Article I, Section 8, Clause 7 of the
Constitution).
Obscenity Test laid out in Miller v. California, 1973
1) The average person finds that the work appeals to
“prurient interests” judging from contemporary
standards.
2) The work describes offensive sexual conduct that
is specifically outlawed as obscene.
3) The work lacks serious value of any variety.

64. The Media
The Relationship between the Freedom of Speech and Press
Amendments and the Media:
• Confidentiality: Since the Supreme Court found that the Constitution
does not allow members of the news media to keep their sources
confidential in a court of law, 30 states have passed shield laws to give
reporters some protection against having to reveal their sources.
• Motion Pictures: In Mutual Film Corporation v. Ohio, 1915, the
Supreme Court held that motion pictures were a business, not a form of
expression, and so were not protected under the freedom of expression
guarantees. The Court reversed this decision in Burstyn v. Wilson, 1952.
• Both Radio and Television Media are subject to more government
regulation than other forms of expression because they are transmitted
by “public airwaves.”

70. Copyright © by Pearson Education, Inc., or its affiliates. All rights reserved

71. Copyright © by Pearson Education, Inc., or its affiliates. All rights reserved

75. Section 3 Review
1. Sedition means
(a) the practice of espionage.
(b) exercising treasonous practices.
(c) attempting to overthrow the government by force.
(d) blatant industrial espionage.
2. The most regulated form of communication is
(a) symbolic speech.
(b) commercial speech.
(c) radio and television broadcasts.
(d) motion pictures.

76. Section 3 Review
1. Sedition means
(a) the practice of espionage.
(b) exercising treasonous practices.
(c) attempting to overthrow the government by force.
(d) blatant industrial espionage.
2. The most regulated form of communication is
(a) symbolic speech.
(b) commercial speech.
(c) radio and television broadcasts.
(d) motion pictures.

93. Section 4 Review
1. The freedom to assemble and petition includes
(a) the right of association.
(b) the right to trespass on private property.
(c) the right to demonstrate without prior notice.
(d) all of the above.
2. The government has the right to regulate all of the following
except
(a) timing of a demonstration.
(b) content of a demonstration.
(c) manner of a demonstration.
(d) location of a demonstration.

94. Section 4 Review
1. The freedom to assemble and petition includes
(a) the right of association.
(b) the right to trespass on private property.
(c) the right to demonstrate without prior notice.
(d) all of the above.
2. The government has the right to regulate all of the following
except
(a) timing of a demonstration.
(b) content of a demonstration.
(c) manner of a demonstration.
(d) location of a demonstration.

95. Chapter 20: Civil Liberties: Protecting
Individual Rights
Opener

96. My belief has always been…that wherever in this land any
individual’s constitutional rights are being unjustly denied,
it is the obligation of the federal government–at point of
bayonet if necessary–to restore that individual’s
constitutional rights.
-Ronald Reagan

97. Copyright © Pearson Education, Inc. Slide 97Chapter 20, Opener
Guiding Questions
• To what extent has the judiciary protected
the rights of privacy, security, and
personal freedom?

98. Copyright © Pearson Education, Inc. Slide 98Chapter 20, Opener
Guiding Questions
• Section 1: Due Process of Law
– Why is the concept of due process important
to a free society?
• Due process forces the government to pass fair
laws and enforce them in a fair way for all people.

106. The Meaning of Due Process

119. The Right to Privacy
The constitutional guarantees of due process create a right of
privacy.
• Established in Griswold v. Connecticut, 1965, which held that a
law outlawing birth-control was unconstitutional.
• In Stanley v. Georgia, 1969, the right of privacy was defined as
“the right to be free, except in very limited circumstances,
from unwanted governmental intrusion into one’s privacy.”
The right of privacy provoked controversy when it was applied to
a woman’s right to an abortion, beginning with Roe v. Wade in
1973.

125. Copyright © Pearson Education, Inc. Slide 125Chapter 20, Opener
Guiding Questions
• Section 2: Freedom and the Security of
the Person
– How does the Constitution protect the
freedom and security of the person?
• The 2nd
Amendment protects the right to bear arms,
the 4th
Amendment protects against unreasonable
searches and seizures, and the 13th
Amendment
bans slavery and many forms of involuntary
servitude.

134. Aspects of the 4th
Amendment
Probable Cause—to search a
premise, in most cases, a warrant
must be obtained based on a
reasonable suspicion of crime
Arrests—to arrest a person, a police
officer needs only probable cause
Automobiles—police officers do
not always need search warrants to
search an automobile
The Exclusionary Rule—Evidence
gained as a result of an illegal search
cannot be used in court
Wiretapping—unless police officers
have a warrant, tapping phone calls
is not legal
Drug Testing—drug testing can be
conducted without a warrant or
probable cause

142. Copyright © Pearson Education, Inc. Slide 142Chapter 20, Opener
The US PATRIOT Act of 2001
The USA PATRIOT Act of 2001 made it easier
for police investigators to intercept many forms
of electronic communication. The Act:
 Allows for roving, multi-point wiretaps
 Broadened “sneak and peek” searches
 Updated the pen/trap statue
 Eliminated wiretap orders except for cases of real-time telephone
conversations
 Updated and expanded the types of records that law enforcement can
obtain with a subpoena

143. Copyright © Pearson Education, Inc. Slide 143Chapter 20, Opener
PATRIOT II
Provisions of the USA PATRIOT Act contained
sunset clauses, set to expire in 2005. The 2006
USA PATRIOT Act reauthorization
(PATRIOT II):
 Made permanent 14 of the original provisions
 Extended other provisions for four more years
 Addressed some of the concerns of civil libertarians
 Provided additional protections for mass transportation
systems and seaports
 Closed some legal loopholes in laws preventing
terrorist financing
 Included the Combat Methamphetamine Act (CMA)

148. Copyright © Pearson Education, Inc. Slide 148Chapter 20, Opener
Guiding Questions
• Section 3: Rights of the Accused
– What protections does the Constitution set out
for persons accused of a crime?
• The Constitution protects individuals against self-
incrimination, guarantees the writ of habeas corpus
and a speedy and public trial, and bans bills of
attainder, ex post facto laws, and double jeopardy.

171. Copyright © Pearson Education, Inc. Slide 171Chapter 20, Opener
Guiding Questions
• Section 4: Punishment
– How does the Constitution set limits on
punishments for crime?
• The Constitution bans excessive bail and cruel and
unusual punishment.