The document appears to be a set of lecture slides from a textbook on American politics and civil liberties. It covers several key topics related to civil liberties in the US Constitution, including freedom of religion, freedom of speech, search and seizure, due process, and privacy rights. It also includes sample public opinion poll questions on issues related to balancing civil liberties and national security. In addition to the text, there are some supplementary photos, figures, and captions included from the textbook.
The document appears to be a collection of lecture slides about the Constitution and founding of the United States from a textbook. It discusses the framers of the Constitution, the political theories that influenced them, compromises made at the Constitutional Convention between large and small states and slave and non-slave states. It also summarizes the system of checks and balances established and ambiguity in some areas that has led to debate over interpretations of Constitutional powers and amendments over time. Public opinion poll questions are also included about views on the founding principles, process for amending the Constitution, and how founders would view today's government.
The document appears to be a collection of lecture slides from the textbook "American Politics Today, Fifth Edition" which covers various topics related to American politics such as understanding politics, sources of conflict, the political process, public opinion, and ideology. The slides include definitions, figures, polls, and captions but the overarching topic is introducing concepts about the US political system, conflict in American politics, and political participation.
The document appears to be from lecture slides on the topic of federalism from the textbook "American Politics Today". It discusses key concepts of federalism such as the division of power between national and state governments. It also examines how the balance of power has changed over time, with the national government taking on a larger role compared to the original intent of the Constitution. Various models of federalism are presented, and the implications of the division of power are debated. Public opinion data is also included on perspectives about federalism.
The document outlines a chapter that discusses civil liberties and public policy in the United States. It covers several topics: the Bill of Rights and how its protections have been applied to states; freedom of religion and the establishment and free exercise clauses; freedom of expression including various types of speech and limitations; freedom of assembly and the right to associate; the right to bear arms and recent Supreme Court cases; defendants' rights during criminal proceedings; the right to privacy and its application to abortion law; and how civil liberties both limit and expand the scope of government. Each section includes an introduction to key court cases and legal concepts.
This document provides an overview of advertising law and regulation in the United States. It discusses the history of advertising regulation, from unregulated in the early 1900s to the establishment of agencies like the FDA and FTC to regulate medicine and deceptive advertising. Key Supreme Court cases established commercial speech protections and a four-part test to evaluate regulations. Special issues regarding alcohol, tobacco, and advertising to children are also covered. The document outlines the FTC's role in enforcing truth in advertising and outlines some guidelines and enforcement actions.
This document provides an overview of communication law and ethics topics related to newsgathering, freedom of information laws, and the balance between free press and fair trials. It summarizes key Supreme Court cases on these issues and outlines federal and state laws like FOIA, shield laws, and student press protections. The document also discusses ethical guidelines around reporting on criminal cases and pre-trial publicity.
This document discusses civil liberties in the United States legal system. It covers the freedoms protected by the Bill of Rights, including freedom of speech, religion, press, and criminal due process protections. It also discusses the incorporation of the Bill of Rights to apply to state laws and debates around civil liberties after the 9/11 terrorist attacks, such as surveillance programs and the USA PATRIOT Act.
This document provides instructions for a student project to analyze the Bill of Rights. It outlines that students should create a presentation with at least 16 slides summarizing each of the first 10 amendments. For each amendment, students are instructed to explain the key terms and concepts in their own words, potentially using examples, quotes, and supplemental information. The document provides additional guidance on formatting, sources, and getting full credit for the assignment.
The document appears to be a collection of lecture slides about the Constitution and founding of the United States from a textbook. It discusses the framers of the Constitution, the political theories that influenced them, compromises made at the Constitutional Convention between large and small states and slave and non-slave states. It also summarizes the system of checks and balances established and ambiguity in some areas that has led to debate over interpretations of Constitutional powers and amendments over time. Public opinion poll questions are also included about views on the founding principles, process for amending the Constitution, and how founders would view today's government.
The document appears to be a collection of lecture slides from the textbook "American Politics Today, Fifth Edition" which covers various topics related to American politics such as understanding politics, sources of conflict, the political process, public opinion, and ideology. The slides include definitions, figures, polls, and captions but the overarching topic is introducing concepts about the US political system, conflict in American politics, and political participation.
The document appears to be from lecture slides on the topic of federalism from the textbook "American Politics Today". It discusses key concepts of federalism such as the division of power between national and state governments. It also examines how the balance of power has changed over time, with the national government taking on a larger role compared to the original intent of the Constitution. Various models of federalism are presented, and the implications of the division of power are debated. Public opinion data is also included on perspectives about federalism.
The document outlines a chapter that discusses civil liberties and public policy in the United States. It covers several topics: the Bill of Rights and how its protections have been applied to states; freedom of religion and the establishment and free exercise clauses; freedom of expression including various types of speech and limitations; freedom of assembly and the right to associate; the right to bear arms and recent Supreme Court cases; defendants' rights during criminal proceedings; the right to privacy and its application to abortion law; and how civil liberties both limit and expand the scope of government. Each section includes an introduction to key court cases and legal concepts.
This document provides an overview of advertising law and regulation in the United States. It discusses the history of advertising regulation, from unregulated in the early 1900s to the establishment of agencies like the FDA and FTC to regulate medicine and deceptive advertising. Key Supreme Court cases established commercial speech protections and a four-part test to evaluate regulations. Special issues regarding alcohol, tobacco, and advertising to children are also covered. The document outlines the FTC's role in enforcing truth in advertising and outlines some guidelines and enforcement actions.
This document provides an overview of communication law and ethics topics related to newsgathering, freedom of information laws, and the balance between free press and fair trials. It summarizes key Supreme Court cases on these issues and outlines federal and state laws like FOIA, shield laws, and student press protections. The document also discusses ethical guidelines around reporting on criminal cases and pre-trial publicity.
This document discusses civil liberties in the United States legal system. It covers the freedoms protected by the Bill of Rights, including freedom of speech, religion, press, and criminal due process protections. It also discusses the incorporation of the Bill of Rights to apply to state laws and debates around civil liberties after the 9/11 terrorist attacks, such as surveillance programs and the USA PATRIOT Act.
This document provides instructions for a student project to analyze the Bill of Rights. It outlines that students should create a presentation with at least 16 slides summarizing each of the first 10 amendments. For each amendment, students are instructed to explain the key terms and concepts in their own words, potentially using examples, quotes, and supplemental information. The document provides additional guidance on formatting, sources, and getting full credit for the assignment.
This document discusses the challenges of balancing homeland security and civil liberties. It covers debates around increasing executive power and limiting civil liberties through laws like the Patriot Act. While security is important, critics argue that overreaching can undermine constitutional rights. The role of law enforcement in intelligence gathering is also discussed, with concerns that it could shift police focus from traditional crime fighting. Maintaining appropriate roles and preventing undue militarization of police are key issues explored in relation to protecting both security and civil liberties.
This document discusses communication law and ethics. It covers several topics: historical traditions in ethics like virtue ethics, consequence ethics, and duty ethics; religious traditions that inform ethics like Buddhism, Christianity, Hinduism, and Islam; moral principles such as autonomy, nonmaleficence, beneficence, justice, and veracity; professional codes of ethics for fields like journalism, advertising, and public relations; and concepts of social responsibility and media like cultivation theory and peace journalism. The goal is to provide an overview of the key considerations and approaches to communication ethics.
Unit 2 civil liberties and civil rights chapters 4 & 5marie_fane
The document provides explanations of key Supreme Court cases and legal concepts related to constitutional law and civil rights in the United States. It defines terms like strict scrutiny, intermediate scrutiny, de jure segregation, de facto segregation, prior restraint, probable cause, symbolic speech, and the exclusionary rule. It also summarizes important cases such as Brown v. Board of Education, Roe v. Wade, Miranda v. Arizona, Gideon v. Wainwright, and Lemon v. Kurtzman.
The First Amendment establishes 5 fundamental freedoms: freedom of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government. It was enacted due to past governments suppressing peoples' opinions and the limits on speech in England at the time of the 13 colonies. It addresses citizens' rights to free speech and expression that can be exercised today through social media and protests.
The USA Patriot Act was passed in 2001 as a response to the September 11th terrorist attacks. It made several controversial changes to surveillance laws that granted the government expanded powers to monitor communications and financial and medical records. While intended to help prevent terrorism, many felt certain provisions violated civil liberties and privacy protections. The act faced several legal challenges over its most controversial aspects and their application in cases of suspected but ultimately wrongful terrorism accusations.
This document provides an overview of privacy law and ethics for a communications law class. It discusses the four main privacy torts - false light, publication of private facts, intrusion, and misappropriation. It also covers the intentional infliction of emotional distress tort and exceptions like newsworthiness. Hypothetical scenarios are presented to analyze potential privacy issues. Key cases are summarized that relate to these privacy torts, such as false light cases involving Hulk Hogan and Shirley Sherrod.
The document summarizes the key aspects of the Bill of Rights, including the individual rights protected in each amendment. It discusses how the Supreme Court interprets the amendments and balances individual rights with societal needs. It provides examples of what speech, assembly, and other actions are protected or restricted according to court rulings.
The document discusses various topics related to civil liberties and civil rights in the United States, including: key terms; the differences between civil liberties and civil rights; the incorporation of the Bill of Rights to apply to states; landmark Supreme Court cases related to freedoms of speech, press, religion and other rights; the development of civil rights for women and African Americans; and contemporary issues like affirmative action and rights for other groups.
This document provides a cheat sheet for an AP Government exam, with summaries of important Supreme Court cases required for the exam organized by topic area. It instructs students to create an organized review notebook with clear sections for required documents, Supreme Court cases, and different units of the exam. Summaries are provided for 18 Supreme Court cases touching on issues related to federalism, the three branches of government, civil liberties and civil rights, and selective incorporation.
The document provides a review guide for an open book exam on American government and politics. It recommends creating an organized notebook with clear sections for foundational documents, Supreme Court cases, and units of study. Key documents summarized include the Declaration of Independence, Articles of Confederation, Federalist Papers 10, 51, 70 and 78, and Letter from Birmingham Jail. The summaries highlight central ideas like the balance of governmental power and individual rights, weaknesses of the Articles, arguments for a strong executive, and using the Constitution to advance equality.
Final presentation rev 1 - USA Patriot Actgbsmith5
The USA PATRIOT Act was passed 45 days after 9/11 to enhance domestic security and increase surveillance powers. It impacted laws around intelligence gathering, immigration, and more. While proponents argued it granted needed powers to fight terrorism, critics said it infringed on civil liberties. There have been ongoing legal challenges around its scope and application. As time has passed, there are calls to reevaluate the act and ensure powers are not abused.
This document provides an overview of libel law in the United States. It discusses the key elements of a libel claim, including that the statement must be false, defamatory, published to a third party, and identify the plaintiff. It also outlines the different standards of proof for public officials/figures versus private individuals. The document concludes by describing several defenses that can be raised in a libel suit, such as truth, fair report, and neutral reportage privileges.
The document discusses various laws and court cases related to the regulation of media in the United States, including the First Amendment protections of free speech and the press, prior restraint, defamation laws, copyright, advertising regulations, and the regulation of broadcast media like cable television and radio. It also examines exceptions to free speech like obscenity, privacy laws, and commercial speech standards.
The document summarizes key aspects of several amendments in the U.S. Bill of Rights related to human rights, including:
1) The 1st Amendment, which protects freedom of religion, speech, press, assembly, and the right to petition. It establishes separation of church and state.
2) The 4th Amendment, which protects against unreasonable search and seizure and requires search warrants be specific and signed by a judge.
3) The 5th Amendment, which includes rights of the accused like not being tried twice for the same crime and not having to testify against oneself.
9694 thinking skills limitations on free speechmayorgam
The document discusses the history and principles of freedom of speech. It explains that traditionally both church and state controlled speech and print. The development of the printing press led to more attempts to control content. Over time, democratic thought emerged and philosophers like John Locke argued that speech should not be dependent on rulers' control. The US Constitution protects free speech but also allows for some limitations. There is ongoing debate around what speech can be restricted, such as speech that poses a clear and present danger or is obscene. Different forms of media are protected to varying degrees by the First Amendment.
Article assignment ndaa 2012 indefinate detention and loss of due process of lawWayne Williams
Students will examine the National Defense Authorization Act of 2012; specifically, Clauses 1021 and 1022 and the loss of citizens rights to due process of law.
This presentation is for use when covering media law in an introductory mass media course. Includes laws impacting the media, new laws, legal changes, definitions of laws, controversy, 1st amendment laws.
The document appears to be from lecture slides on civil rights from the textbook "American Politics Today, Fifth Edition". It discusses the historical context of civil rights for various groups in the United States such as African Americans, Native Americans, Latinos, Asian Americans, women, and LGBT individuals. It describes how these groups faced various forms of discrimination and disenfranchisement. It also outlines key events and legislation in the civil rights movement as well as ongoing issues regarding civil rights today.
This document discusses civil liberties and related topics covered in Chapter 4. It begins by defining civil liberties as basic political freedoms that protect citizens from governmental overreach. It then addresses balancing civil liberties with competing interests like security. Specific civil liberties addressed include freedom of speech, religion, press, criminal defendants' rights, and privacy rights. Public opinion polls question views on limiting some liberties, hate speech, school prayer, and abortion.
The document is a chapter from a textbook about American politics and Congress. It discusses Congress's role in the US constitutional system, including its bicameral structure with two-year terms for the House and six-year terms for the Senate. It also covers the increasing diversity of Congress, the motivations of reelection that influence members' behavior, and the formal structures of parties, committees, and leadership that impact lawmaking.
The document discusses the ongoing struggle between civil rights and civil liberties in American history and culture. It notes that while rights and freedoms are enshrined in founding documents, the interpretation and application of these has evolved over time. For much of U.S. history, civil liberties did not apply to states and many groups faced legal discrimination. However, landmark Supreme Court cases and civil rights laws in the 20th century expanded protections and promoted greater equality. Today, a new generation faces questions around balancing liberty, rights, and non-discrimination as this democratic experiment continues.
The document contains lecture slides from a textbook on American politics and the courts. It discusses the history and development of the judicial system, including the establishment of judicial review in Marbury v. Madison. It also covers topics like methods of judicial selection, the role of the president in appointments, and factors that influence Supreme Court decision-making. Public opinion polls at the end ask questions about issues related to the courts.
This document discusses the challenges of balancing homeland security and civil liberties. It covers debates around increasing executive power and limiting civil liberties through laws like the Patriot Act. While security is important, critics argue that overreaching can undermine constitutional rights. The role of law enforcement in intelligence gathering is also discussed, with concerns that it could shift police focus from traditional crime fighting. Maintaining appropriate roles and preventing undue militarization of police are key issues explored in relation to protecting both security and civil liberties.
This document discusses communication law and ethics. It covers several topics: historical traditions in ethics like virtue ethics, consequence ethics, and duty ethics; religious traditions that inform ethics like Buddhism, Christianity, Hinduism, and Islam; moral principles such as autonomy, nonmaleficence, beneficence, justice, and veracity; professional codes of ethics for fields like journalism, advertising, and public relations; and concepts of social responsibility and media like cultivation theory and peace journalism. The goal is to provide an overview of the key considerations and approaches to communication ethics.
Unit 2 civil liberties and civil rights chapters 4 & 5marie_fane
The document provides explanations of key Supreme Court cases and legal concepts related to constitutional law and civil rights in the United States. It defines terms like strict scrutiny, intermediate scrutiny, de jure segregation, de facto segregation, prior restraint, probable cause, symbolic speech, and the exclusionary rule. It also summarizes important cases such as Brown v. Board of Education, Roe v. Wade, Miranda v. Arizona, Gideon v. Wainwright, and Lemon v. Kurtzman.
The First Amendment establishes 5 fundamental freedoms: freedom of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government. It was enacted due to past governments suppressing peoples' opinions and the limits on speech in England at the time of the 13 colonies. It addresses citizens' rights to free speech and expression that can be exercised today through social media and protests.
The USA Patriot Act was passed in 2001 as a response to the September 11th terrorist attacks. It made several controversial changes to surveillance laws that granted the government expanded powers to monitor communications and financial and medical records. While intended to help prevent terrorism, many felt certain provisions violated civil liberties and privacy protections. The act faced several legal challenges over its most controversial aspects and their application in cases of suspected but ultimately wrongful terrorism accusations.
This document provides an overview of privacy law and ethics for a communications law class. It discusses the four main privacy torts - false light, publication of private facts, intrusion, and misappropriation. It also covers the intentional infliction of emotional distress tort and exceptions like newsworthiness. Hypothetical scenarios are presented to analyze potential privacy issues. Key cases are summarized that relate to these privacy torts, such as false light cases involving Hulk Hogan and Shirley Sherrod.
The document summarizes the key aspects of the Bill of Rights, including the individual rights protected in each amendment. It discusses how the Supreme Court interprets the amendments and balances individual rights with societal needs. It provides examples of what speech, assembly, and other actions are protected or restricted according to court rulings.
The document discusses various topics related to civil liberties and civil rights in the United States, including: key terms; the differences between civil liberties and civil rights; the incorporation of the Bill of Rights to apply to states; landmark Supreme Court cases related to freedoms of speech, press, religion and other rights; the development of civil rights for women and African Americans; and contemporary issues like affirmative action and rights for other groups.
This document provides a cheat sheet for an AP Government exam, with summaries of important Supreme Court cases required for the exam organized by topic area. It instructs students to create an organized review notebook with clear sections for required documents, Supreme Court cases, and different units of the exam. Summaries are provided for 18 Supreme Court cases touching on issues related to federalism, the three branches of government, civil liberties and civil rights, and selective incorporation.
The document provides a review guide for an open book exam on American government and politics. It recommends creating an organized notebook with clear sections for foundational documents, Supreme Court cases, and units of study. Key documents summarized include the Declaration of Independence, Articles of Confederation, Federalist Papers 10, 51, 70 and 78, and Letter from Birmingham Jail. The summaries highlight central ideas like the balance of governmental power and individual rights, weaknesses of the Articles, arguments for a strong executive, and using the Constitution to advance equality.
Final presentation rev 1 - USA Patriot Actgbsmith5
The USA PATRIOT Act was passed 45 days after 9/11 to enhance domestic security and increase surveillance powers. It impacted laws around intelligence gathering, immigration, and more. While proponents argued it granted needed powers to fight terrorism, critics said it infringed on civil liberties. There have been ongoing legal challenges around its scope and application. As time has passed, there are calls to reevaluate the act and ensure powers are not abused.
This document provides an overview of libel law in the United States. It discusses the key elements of a libel claim, including that the statement must be false, defamatory, published to a third party, and identify the plaintiff. It also outlines the different standards of proof for public officials/figures versus private individuals. The document concludes by describing several defenses that can be raised in a libel suit, such as truth, fair report, and neutral reportage privileges.
The document discusses various laws and court cases related to the regulation of media in the United States, including the First Amendment protections of free speech and the press, prior restraint, defamation laws, copyright, advertising regulations, and the regulation of broadcast media like cable television and radio. It also examines exceptions to free speech like obscenity, privacy laws, and commercial speech standards.
The document summarizes key aspects of several amendments in the U.S. Bill of Rights related to human rights, including:
1) The 1st Amendment, which protects freedom of religion, speech, press, assembly, and the right to petition. It establishes separation of church and state.
2) The 4th Amendment, which protects against unreasonable search and seizure and requires search warrants be specific and signed by a judge.
3) The 5th Amendment, which includes rights of the accused like not being tried twice for the same crime and not having to testify against oneself.
9694 thinking skills limitations on free speechmayorgam
The document discusses the history and principles of freedom of speech. It explains that traditionally both church and state controlled speech and print. The development of the printing press led to more attempts to control content. Over time, democratic thought emerged and philosophers like John Locke argued that speech should not be dependent on rulers' control. The US Constitution protects free speech but also allows for some limitations. There is ongoing debate around what speech can be restricted, such as speech that poses a clear and present danger or is obscene. Different forms of media are protected to varying degrees by the First Amendment.
Article assignment ndaa 2012 indefinate detention and loss of due process of lawWayne Williams
Students will examine the National Defense Authorization Act of 2012; specifically, Clauses 1021 and 1022 and the loss of citizens rights to due process of law.
This presentation is for use when covering media law in an introductory mass media course. Includes laws impacting the media, new laws, legal changes, definitions of laws, controversy, 1st amendment laws.
The document appears to be from lecture slides on civil rights from the textbook "American Politics Today, Fifth Edition". It discusses the historical context of civil rights for various groups in the United States such as African Americans, Native Americans, Latinos, Asian Americans, women, and LGBT individuals. It describes how these groups faced various forms of discrimination and disenfranchisement. It also outlines key events and legislation in the civil rights movement as well as ongoing issues regarding civil rights today.
This document discusses civil liberties and related topics covered in Chapter 4. It begins by defining civil liberties as basic political freedoms that protect citizens from governmental overreach. It then addresses balancing civil liberties with competing interests like security. Specific civil liberties addressed include freedom of speech, religion, press, criminal defendants' rights, and privacy rights. Public opinion polls question views on limiting some liberties, hate speech, school prayer, and abortion.
The document is a chapter from a textbook about American politics and Congress. It discusses Congress's role in the US constitutional system, including its bicameral structure with two-year terms for the House and six-year terms for the Senate. It also covers the increasing diversity of Congress, the motivations of reelection that influence members' behavior, and the formal structures of parties, committees, and leadership that impact lawmaking.
The document discusses the ongoing struggle between civil rights and civil liberties in American history and culture. It notes that while rights and freedoms are enshrined in founding documents, the interpretation and application of these has evolved over time. For much of U.S. history, civil liberties did not apply to states and many groups faced legal discrimination. However, landmark Supreme Court cases and civil rights laws in the 20th century expanded protections and promoted greater equality. Today, a new generation faces questions around balancing liberty, rights, and non-discrimination as this democratic experiment continues.
The document contains lecture slides from a textbook on American politics and the courts. It discusses the history and development of the judicial system, including the establishment of judicial review in Marbury v. Madison. It also covers topics like methods of judicial selection, the role of the president in appointments, and factors that influence Supreme Court decision-making. Public opinion polls at the end ask questions about issues related to the courts.
The document contains lecture slides from a textbook on American politics discussing the role and powers of the American presidency. It outlines the president's constitutional responsibilities as head of the executive branch and commander-in-chief, as well as unilateral powers like executive orders. It also discusses how presidential power has expanded in practice beyond its constitutional grants, through the growth of the federal government and the use of executive privilege. Congress acts to check presidential power through legislation and oversight of the military and foreign policy.
The document summarizes key aspects of First Amendment rights, including freedom of religion, speech, press, and assembly. It discusses landmark Supreme Court cases that have shaped understandings of these rights. It also notes areas where rights can be reasonably limited, such as in cases of imminent lawless action, government interests, and within certain professional contexts like prisons.
This document provides an overview of key aspects of the U.S. Constitution and Bill of Rights, including:
1) It describes the three branches of government established by the Constitution - the legislature, executive, and judicial branches.
2) It outlines several important articles of the Constitution, including Article 1 on the legislature, Article 2 on the executive branch, and Article 3 on the judicial branch.
3) It summarizes the Bill of Rights, focusing on the First Amendment protections of freedom of speech, religion, and press, as well as the Fourth and Fifth Amendment protections against unreasonable searches and self-incrimination.
The document summarizes key aspects of civil liberties and rights protections in the United States, including:
- The Bill of Rights was drafted to protect individual liberties from infringement by the federal government.
- Through the 14th Amendment and the incorporation doctrine, the Supreme Court applied most Bill of Rights protections to state laws and actions as well.
- The First Amendment guarantees freedoms of speech, press, religion, assembly, and petition. It also established limits on establishment of religion.
- Other amendments provide due process, privacy, self-incrimination, double jeopardy, public trial and counsel rights for the accused.
- The Supreme Court has interpreted and applied these rights over time, especially expanding
The document summarizes key aspects of the first 10 amendments of the US Constitution known as the Bill of Rights. It discusses how the Supreme Court determines the meaning of the Bill of Rights and balances individual rights with societal needs. It then provides an overview of the freedoms protected by the first amendment, including freedom of speech, religion, press, assembly, and the right to petition the government.
This document contains lecture slides from a textbook on American politics and public opinion. It discusses key topics around public opinion, including what public opinion is, how it is measured through polls and surveys, how opinions are formed through socialization and groups, and how public opinion can influence government policymaking. It also includes sample poll questions and additional slides with figures and photos illustrating public opinion on issues like the economy, immigration, and terrorism.
The document summarizes the key provisions and origins of the First Amendment to the US Constitution. It protects freedom of religion, speech, press, assembly, and the right to petition the government. It originated from government attempts to censor free expression in England and the colonies. Notable cases like John Peter Zenger's trial established truth as a defense against seditious libel. Over time, the First Amendment has been interpreted to protect various forms of expression from government infringement through a system of judicial review and balancing tests.
The document summarizes key concepts around civil liberties in the United States, including:
- The Bill of Rights originally applied only to the federal government, but was later incorporated to also apply to state and local governments through Supreme Court rulings.
- Religious freedom is protected through the Establishment and Free Exercise clauses, though what constitutes separation of church and state has been debated.
- Speech is generally protected but restrictions on categories like obscenity, libel, and speech inciting violence have been upheld. Morality and sexuality are now less regulated areas.
- Criminal defendants have extensive constitutional protections like due process, right to counsel, protections against self-incrimination and cruel punishment.
Ch 5 presentation Will Kumi, Rebecca Mendelsohn, Conrad Blackrebeccamendelsohn
The document summarizes key aspects of civil liberties and the Bill of Rights in the United States. It discusses how the Bill of Rights was drafted to limit federal government overreach on individual liberties. It then examines how the 14th Amendment and the incorporation doctrine applied these protections to state laws over time through Supreme Court rulings. Specific rights covered include freedom of religion, speech, press, and assembly. The establishment and free exercise of religion clauses are explained. Tests for determining protected speech like clear and present danger are also summarized.
The document summarizes a chapter from an American politics textbook about interest groups. It defines interest groups as organizations that aim to influence policy through electioneering and lobbying. It discusses different types of interest groups and how they are organized. It also outlines strategies interest groups use to influence policymakers, such as direct lobbying, drafting legislation, and shaping public opinion. Additionally, it examines challenges interest groups face in overcoming collective action problems and getting members to participate.
The document discusses the origins and evolution of freedom of speech protections in the United States as outlined in the First Amendment. It describes how early restrictions on speech and press in England and the American colonies influenced calls for protections. Key developments included John Peter Zenger's trial, the writings of John Milton, and Benjamin Franklin's view that little would be printed if everything had to avoid offense. The First Amendment was ultimately ratified in 1791, but its meaning has been shaped over centuries through Supreme Court interpretations of various types of speech and expression.
The freedoms of speech and press are important in a democratic system because they allow citizens access to a wide range of ideas and information about politics and government. This helps citizens make informed decisions and hold their elected representatives accountable. It also allows for open discussion and criticism of the government without fear of punishment.
The document discusses several topics related to civil liberties and rights in the US, including:
- Conflicts that can arise between individual rights and the interests of society/other individuals
- How the courts, government branches, and citizens resolve conflicts over rights
- The original purpose and application of the Bill of Rights
- The process of incorporating the Bill of Rights to apply to state governments through the 14th Amendment
- Key Supreme Court cases that helped define protections for freedom of religion, expression, press, and criminal defendants' rights
This document summarizes key aspects of the First Amendment, including freedoms of religion, speech, press, assembly, and petition. It discusses how these freedoms are not absolute and can be reasonably limited by the government in some cases, such as during times of war. It also examines various Supreme Court cases that have helped define the scope and limits of First Amendment protections. The Lemon Test, Brandenburg Test, and Miller Test are introduced as standards used to evaluate Establishment Clause, incitement, and obscenity issues under the First Amendment.
The document discusses the key freedoms protected by the First Amendment of the US Constitution, including freedom of speech, religion, press, assembly, and petition. It explains that these freedoms were originally only protected from the national government but have since been incorporated to apply to state and local governments as well through selective incorporation of the 14th Amendment. It provides examples of Supreme Court cases that have established limits and tests for these freedoms while still protecting unpopular political expression.
This document discusses a lesson on presidential introductions that is split into 5 parts. It asks how the lyrics of the song "Fortunate Son" relate to the American presidency and what the overall message of the songwriter is. The lesson aims to introduce students to concepts around the US presidency.
This document discusses fiscal policy and the multiplier effect through a series of scenarios. It explains that an increase in spending, such as from government spending or tax cuts, can have a multiplier effect as that new spending becomes income for others and continues circulating. However, increased government borrowing to fund spending can raise interest rates and "crowd out" private investment. It also discusses how fiscal policy tools like tax increases can combat inflation by reducing aggregate demand.
This document appears to be a lesson on the concept of sovereign states. It includes definitions and examples related to the four key features that define a sovereign state: a permanent population, defined territory, government, and sovereignty. It discusses topics like what makes a country a country, the roles of government, and features of a state's population and territory. The lesson uses questions, diagrams, and activities to engage students in understanding the concept of sovereign states.
The document contains certificates from the 2021 session of the HHS E-Congress certifying that 12 bills authored by students passed in the House of Representatives. The bills cover topics including minor consent to vaccines, humane disciplinary acts, increased funding for opportunities, renewable energy incorporation, teacher salary accommodation, reduction and prevention of homelessness, job programs to combat homelessness, nectar bearing flower's tax credit, and fixing the system. All bills were sponsored by the Youth Leadership Initiative.
The document appears to be a series of slides from an AP review lesson on day 2. It covers various topics related to US constitutional law and Supreme Court cases, including discussions of enumerated vs implied powers, the impact of key cases like McCulloch v. Maryland and Marbury v. Madison, and comparisons of different court cases. It also includes brief quizzes on required court cases and foundational documents like the Articles of Confederation.
The document appears to be a 14-page lesson on the 2nd Amendment and firearm regulation in the United States. It presents 4 proposals related to gun laws and asks the reader to state if they would personally support each proposal and if the Supreme Court would find it constitutional, explaining their reasoning for both. The proposals relate to restrictions on carrying handguns in public, banning high-capacity magazines, restricting gun ownership for those living with felons, and limiting the rate of fire for certain weapons.
This document provides an overview of Unit 3 in AP Government, which covers civil liberties and civil rights. It notes that the unit will include 2 chapters, 9 court cases, and 1 required document. It also provides test dates and formats for the AP exam in May, with the paper and pencil exam on May 3 at the student's high school, and the digital exam from home on May 20. The document indicates civil liberties are rooted in the Bill of Rights and protect individuals from government overreach, while civil rights rely on the 14th Amendment and protect individuals from discrimination.
The document discusses the Supreme Court nomination process. It explains that the President nominates Supreme Court justices and the Senate holds confirmation hearings and votes on whether to approve the nomination. It also discusses different judicial philosophies that influence a President's selection of nominees and how the nomination and confirmation process allows the executive and legislative branches to check the judicial branch.
This document appears to be a series of slides from an online lesson about the executive branch of the US government and bureaucracy. It includes definitions of key terms, examples of executive agencies and their roles, quizzes and discussion questions about regulations and enforcement. The goal seems to be helping students understand the large network of departments, agencies, and roles within the executive branch.
This document is a 30-page lesson on the legislative process. It includes sections on when a congressman might act as a delegate or trustee, an open-ended question, a Schoolhouse Rock video, another open-ended question on why so few bills become law, and a quiz on the legislative process. The lesson covers the typical steps bills go through in Congress, from introduction to committee work to floor debates to the president.
This document appears to be a 31-slide lesson on how Congress works. It includes slides with text, questions for students to answer, and political cartoons. The slides cover topics like the composition of Congress, differences between the House and Senate, the role of party leadership and committees, and the legislative process. The goal seems to be to educate students on the structure and functions of the U.S. Congress.
The document is a lesson about the peaceful transfer of power in the US presidency. It includes sections on Ronald Reagan's 1981 inaugural address, where he notes that the regular transfer of power through elections seems miraculous globally. It asks how cooperation in transitions safeguards the American Republic. Learners are prompted to explain why transitions illustrate the success of the US experiment or are important domestically and internationally.
This document appears to be a lesson plan on the role of media. It includes links to various news articles and videos. The lesson discusses how different types of media outlets have different agendas that influence which stories they choose to cover. It also addresses how commercial news sources make money through advertising and aim to attract audiences. The lesson quizzes students on these concepts and asks them to reflect on questions about media influence and setting the public agenda.
This document is a 50-page lesson on interest groups. It includes definitions of interest groups, examples of different types of interest groups like the Sierra Club and AARP, activities they engage in like lobbying and donating money, and quizzes about interest groups. The lesson explains how interest groups try to influence public policy and elections by informing the public, endorsing political candidates, and lobbying the government.
This document is a 38-page lesson on the connection between money and politics. It includes a Pink Floyd music video, discussion questions, explanations of terms like interest groups, political action committees (PACs), and super PACs. It also discusses how these groups can raise and spend unlimited sums to influence elections, and covers the Supreme Court's Citizens United decision that deregulated campaign finance laws. The lesson aims to explain how interest groups, political donations, and spending work within the political process in the United States.
This document is a lesson on primaries and caucuses that is presented over 35 slides. It includes information about the general process of the presidential election, a timeline activity, an election calendar, videos explaining how primaries and caucuses work, quizzes comparing primaries and caucuses, and open-ended discussion questions about advantages of each and a state's primary process. Students are asked to create a Venn diagram to contrast primaries and caucuses. The lesson provides information to help students understand the differences between primaries and caucuses and how the presidential nomination process unfolds.
The document discusses political parties and the two-party system in the United States. It includes questions about party roles, platforms, and voter registration. There are also true/false questions testing understanding of independent voters, third party candidates, party access and information, and the balance of power between parties in Congress. The purpose is to help students learn about the characteristics and functions of the two dominant political parties in the US.
This document discusses fiscal and monetary policy tools used by governments and central banks to influence aggregate demand and stabilize economies. Fiscal policy tools include changes to government spending and taxes by Congress and the President. Monetary policy tools are used by the Federal Reserve and include open market operations, reserve requirements, and interest rates. Both fiscal and monetary policies can be either expansionary or contractionary depending on whether their goal is to increase or decrease aggregate demand to address recessionary or inflationary gaps in the economy.
This document appears to be a series of lessons examining global opinion on various topics based on poll data and graphs. It includes open-ended questions asking students to summarize information, identify trends or inconsistencies, and compare opinions across different countries and time periods. Students are prompted to analyze differences in how favorably various nations view the American people versus the United States. The lesson examines topics like priorities around jobs versus the environment, views of U.S. anti-terrorism efforts, and support for continued Western military presence.
This document discusses the concept of federalism in the United States, focusing on the landmark Supreme Court case McCulloch v. Maryland. It presents information on the enumerated and reserved powers of the federal and state governments. It also considers whether the federal government has the authority to establish a national bank and whether states can tax that bank, addressing arguments made in McCulloch v. Maryland. Open-ended questions ask about the advantages of a national bank, why states may feel threatened by one, and whether certain laws are justified by implied federal powers.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
Should freedom of religious expression be protected even when acting on those views means discriminating against someone else? In general, discrimination based on religious views is not allowed, but Rowan County Clerk of Courts Kim Davis served time in jail for contempt of court after refusing a court order to issue marriage licenses to same-sex couples.
The public’s demand for security after September 11 came into contact with the Constitution’s protection of civil liberties in a dramatic way.
As part of the war on terrorism, the government engaged in “extraordinary rendition”:
Suspected terrorists were taken from their homes or airports, arrested, and taken for questioning to countries that are less protective of civil liberties: Egypt, Syria, Jordan, or Morocco.
If they failed to give useful information, they would be beaten, kept in tiny cells, shocked with cattle prods, and water-boarded (simulated drowning).
This raises questions of what happens when the wrong person is taken into custody.
An equally compelling example comes from Edward Snowden’s revelations about the extent of National Security Agency (NSA) spying on both American citizens and foreigners. Where do we draw the line between the needs of security and the right to privacy?
There is no clear answer to how to balance civil liberties and national security. If we accept that some situations, such as imminent terrorist-detonated nuclear attack, might require sacrificing civil liberties, the question becomes how much and under what circumstances?
How can conflicts be resolved between civil liberties and other legitimate interests, such as public safety and public health? Sometimes freedom is forced to give way. Courts have upheld bans on the religious practice of snake handling and laws requiring the Amish to display reflective triangles when driving slow-moving buggies on public roads, despite religious objections to doing so.
Bill of Rights: many Antifederalists argued that the national government, as established in the Constitution, would be too powerful without protections for individual rights. The Bill of Rights were added to the Constitution, thus winning the support of antifederalists necessary for ratification.
Pre–Civil War: prior to the Civil War, the Bill of Rights applied only to the national government and did not protect citizens in the eighteenth century to the degree that it does now (see the Supreme Court case Barron v. Baltimore).This is important because in the first 80–100 years of our nation’s history, the states had much more power than the federal government did.
Civil War Amendments: the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the civil war; the Fourteenth Amendment, which guarantees equal protection to all American citizens regardless of state of residence, is particularly important for civil liberties.
Due Process Clause: part of the Fourteenth Amendment that forbids states from denying “life, liberty, or property” to any person without the due process of law; a nearly identical clause in the Fifth Amendment applies only to the national government.
Gitlow v. New York: The first case that found that the Fourteenth Amendment incorporated certain amendments of the Bill of Rights (in this case, the First Amendment), meaning that states were not free to violate those rights.
Selective incorporation: the process through which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the Fourteenth Amendment; those rights that are protected by selective incorporation are sometimes referred to as an “Honor Roll of Superior Rights.”
Although you may have heard the phrase about a “wall of separation between church and state,” this phrase is not in the Constitution. It comes from an 1802 letter from Thomas Jefferson to the Danville Baptists. In understanding where to draw the line between church and state today, one can imagine the Court’s decisions on a spectrum from “separationist” (hard line between church and state) to “accommodationist” (allowing religious activity in public institutions).
Many controversies surrounding church and state involve what children are taught in public school or whether children are allowed to pray in school. (Compulsory prayer was forbidden in 1962 and 1963: see Engel v. Vitale and Abington v. Schempp.)
To what extent are religious organizations allowed in public spaces? For instance, can a town have a crèche in its village square? What if the town were to sponsor the Christmas pageant? Does it make a difference if the town were to spend significant funds on this pageant? To answer these questions, the court developed the Lemon test.
Lemon test: from the case of Lemon v. Kurtzman; the Supreme Court uses this test to determine whether a practice violates the First Amendment’s establishment clause. The test claims that any governmental aid must have a secular purpose, does not advance or inhibit religion, and does not foster an “excessive entanglement” between government and religion.
The Lemon test has not been totally dropped, but the Court is moving away from it toward an increasingly “accommodationist” perspective. For instance, in Zelman v. Simmons-Harris (2002), the Court ruled that tuition vouchers given to parents did not constitute impermissible state support of religion. Dissenters argued that this was the first time that public dollars were being used for employees of a particular religious organization (in this case, most of the vouchers were used to send poor children to Catholic schools). But the Court’s majority argued that the program was constitutional since the aid went to the parents and not to the schools.
The free exercise clause can be more difficult to interpret but, essentially, you can believe whatever you like, but if you act on your beliefs, the government might be able to regulate your behavior. After lawsuits brought by Jehovah’s Witnesses, who believed that reciting the Pledge of Allegiance violated their religion, requiring the recitation of the Pledge of Allegiance is now unconstitutional.
Congress and the Courts are going back and forth over whether the Court now needs to have a “compelling” interest to regulate religious practice. (The Court thinks it doesn’t need to have a “compelling interest”—what exactly would that mean?—but just a good one.) Interestingly, the Religious Freedom Restoration Act of 1993 and the Supreme Court decision on União do Vegetal allow certain exceptions to the Controlled Substances Act. These carve-outs allow members of certain Indian tribes to use peyote and certain religious sects to drink hallucinogenic tea as part of religious rites.
Another recent case dealt with whether a law school could require an on-campus student organization (the Christian Legal Society) to accept members who had views that differed from the organization’s beliefs. The Court ruled that the school could withhold student funds if the group discriminated in whom it allowed as members.
Can a cross be displayed on federal land? The Supreme Court has ruled that religious displays on government property must be part of larger, secular displays. This cross on federal land in the Mojave Desert was covered up after it became controversial. Now it looks like a sign.
Senator Joseph McCarthy stands in front of a map purporting to show communist activity in the United States. McCarthy was a central figure in the post–World War II Red Scare, during which Americans suspected of supporting communism were persecuted and imprisoned.
The Alien and Sedition Acts were an example of a restriction on political speech. It would not be the last. During World War I, Congress passed the (similarly named) Sedition Act (of 1918) which outlawed any “disloyal, profane, scurrilous, or abusive language about the form of government, the Constitution, soldiers and sailors, flag and uniform of the armed forces.”
An interesting figure in the transition from the old (restrictive) view of freedom of speech to the new (permissive) view, was Oliver Wendell Holmes. In a case against an antiwar pamphleteer, Schenk v. U.S., Holmes developed the clear and present danger test, which allows the government to restrict certain types of speech deemed dangerous. In arguing for this test, Holmes analogized dangerous words to shouting “Fire” in a crowded theater. In future cases, Holmes would be persuaded that “we should be eternally vigilant against attempts to check the expression of opinion that we loathe and believe to be fraught with death.” In this sentiment, he is advocating for a “free trade in ideas.”
The free speech test was replaced with a direct incitement test. Established in Brandenberg v. Ohio, this test protects speech under the First Amendment unless it is directed at inciting “imminent lawless action and is likely to incite or produce such action.” Students are only sometimes protected by Direct Incitement.
In a bizarre case, Fredrick v. Morse, a student who cut school to attend the march of the Olympic Torch through his home town was punished by his school when he raised a “Bong Hits 4 Jesus” banner. (The student wasn’t trying to make a point; the banner was a joke.) Although he tried to argue that his speech was partially protected by the ruling in Tinker v. Des Moines (which ruled that students did have the right to wear a black armband to class to protest the Vietnam War), the Court found for the school district and ruled that his speech was not protected. The take-away lesson is that freedom of speech does not necessarily apply to students talking about drugs in school.
The American flag is a popular target for protesters: it has been spat upon, shredded, turned into underwear, and burned. Here, protesters burn a U.S. flag as they march through downtown Washington, D.C., following the Ferguson, Missouri, grand jury’s decision not to indict Officer Darren Wilson for the shooting death of Michael Brown. #BlackLivesMatter #Ferguson
Congressional regulations over campaign contributions have been repeatedly overturned by the Supreme Court. Initial attempts at regulating money in politics took place in the 1970s, but were overturned by the Court in Buckley v. Valeo in 1976. After the 2004 elections, portions of the Bipartisan Campaign Reform Act of 2002 (BCRA, or the McCain-Feingold Act) were also overturned by the Court. More recently, the Court has further expanded the role of money in politics in 2010 when it ruled that corporations and unions were also protected by the First Amendment.
Are laws banning hate speech constitutional? Sometimes yes, but the threshold is relatively high. These Ku Klux Klan members are free to hold rallies, preach racism and xenophobia, and burn crosses, as long as they do not directly incite violence or display an “intent to intimidate.”
Bradley Manning (center), whose job in the U.S. military gave him access to classified information, downloaded thousands of classified videos, diplomatic cables, reports, and other information and gave them to the website WikiLeaks.
Joe Camel peddles his wares on a New York City billboard. Commercial speech, as a general category, is not as strongly protected by the First Amendment as political speech, but advertising can be limited by the government only in specific circumstances.
While the Constitution guarantees the individual right to bear arms (as shown by the woman taking target practice), the shootings at Umpqua Community College in Roseburg, Oregon, shocked the nation. In response, college students organized a demonstration on Capitol Hill urging Congress to vote on gun reform. #SecondAmendment #2A #GunControl #GunSense
The Constitution provides numerous protections for those accused of crimes. Once again, we are asked to decide how to balance the rights of the accused with a desire for a safe and orderly society. This is particularly salient in the wake of the September 11, 2001, attacks as we balance civil liberties against the need for national security.
The USA PATRIOT Act is the best example of how tricky this balance can be.
The Fourth Amendment protects us from “unreasonable searches and seizures.” But what is “unreasonable”? For instance, the Patriot Act authorizes “roving” wiretaps (where a single warrant allows law surveillance and investigation of all forms of communication with a suspected terrorist) and “sneak and peak” searches, wherein police enter a home, look for evidence, and do not tell the suspect of their search.
Typically, “fishing expeditions” are not allowed. There are exceptions, including school lockers. In 2003, gun-wielding police burst into a Goose Creek, South Carolina, high school, and ordered students to lie down in hallways as they used dogs to search for drugs. The commando-style raid, caught on the school’s surveillance cameras, outraged parents around the country and made them question the wisdom of police tactics. No drugs or weapons were found during the sweep and no charges were filed. Following the operation, the American Civil Liberties Union (ACLU) brought a lawsuit on behalf of students’ families charging police and school officials with violating the students’ right to be free from unlawful search and seizure and use of excessive force. The school district ultimately granted the students a monetary settlement and agreed to change its policies on drug raids.
But what happens if evidence is obtained illegally? The “exclusionary rule” means that “fruit from the poisoned tree” is inadmissible in court. However, a “good faith exception,” which instructs courts to consider the “totality of the circumstances,” means that the exclusionary rule doesn’t always throw out evidence.
Can the police search your home without a warrant? After Dollree Mapp was arrested for possession of pornographic material, the case made its way to the Supreme Court and the search was ruled unconstitutional. This case established the exclusionary rule for evidence that is obtained without a warrant.
A citizen who “pleads the Fifth,” invokes the right to remain silent if answering the question would lead to self-incrimination. This is the most famous part of the famous Miranda warning: “You have the right to remain silent . . .” The Supreme Court’s requirement that subjects be read the “Miranda warning”—also known as being “Mirandized”—preceded an era in which crime spiked in America. Whether this was a case of “cause-and-effect” or merely a coincidence, the Supreme Court backed off of expanding civil liberties (or “coddling criminals,” as critics alleged) and carved out exceptions for security.
Exceptions include allowances for public safety and for “inevitable discovery.” A recent case weakened Miranda by requiring a suspect to actively invoke the right to remain silent, while a different case strengthened Miranda by limiting a common police practice of getting a confession then reading a suspect their rights and then getting a second confession. Another famous aspect of the Fifth Amendment is its prohibition of double jeopardy, being tried twice for the same crime, which is forbidden by the Fifth Amendment.
There are two loopholes to the prohibition on double jeopardy: People can be acquitted on criminal charges but found guilty on civil charges, and they can be tried in federal and state court for the same crime. As the number of federal crimes has increased exponentially, the second loophole is becoming troublesome to many civil libertarians. See Harvey A. Silverglate, Three Felonies a Day: How the Feds Target the Innocent, and Gene Healy, Go Directly to Jail: The Criminalization of Almost Everything.
This is a typical example of the Miranda warning card that police officers carry with them and read to every suspect after an arrest.
Gideon v. Wainwright
In Gideon v. Wainwright, Clarence Gideon was accused of breaking into a pool hall and stealing beer, wine, and money from a vending machine.
Since he was poor, he could not afford an attorney, and he defended himself.
Ultimately, the Court overturned his conviction, stating “in our adversary system of criminal justice, any person hailed into court who is too poor to hire a lawyer cannot be assured a fair trial unless counsel is provided for him.”
To learn more about this case, see Gideon’s Trumpet, which is both a book and a movie.
This right has been strengthened over time by both Congress and the Court. Congress passed the Criminal Justice Act, which better protected poor defendants the year after the Gideon decision, and the Court has since defined a general right to effective counsel. (Certain defendants have successfully appealed their convictions on the basis of ineffective counsel from a public defender. (See the Supreme Court case Strickland v. Washington or Padilla v. Kentucky.)
The Sixth Amendment also guarantees the right to a “speedy” and public trial in front of an impartial jury.
What constitutes a “speedy” trial?
According to the 1974 Federal Speedy Trial Act, a trial must begin within 70 days from the date of arrest.
And what’s an “impartial jury?” This issue is blurrier, but the Court has ruled that it has to do with jury selection and peremptory challenges (these allow lawyers to eliminate prospective jurors) which must not be made on the basis of race or gender.
Because of the right to trial by jury, the Court has struck down several forms of mandatory sentencing that require judges to impose sentences based on facts other than those confessed to by a defendant or proved to a jury beyond a reasonable doubt.
The fight against terrorism has raised controversial questions about due process rights. After the United States killed Anwar al-Awlaki—an Al Qaeda leader living in Yemen, and a U.S. citizen—critics argued that his due process rights, such as the right to a fair trial, had been violated.
In the past decade, the Court has reversed course by banning the death penalty for the “mentally retarded” (2002), “people of minor age” (2005), and “child rapists” (2008).
The Founders would be surprised that this amendment is applied to the death penalty; after all, the Fifth and Fourteenth Amendments note that one cannot be deprived of “life” without due process . . . so we can infer that one could be deprived of life if there was due process.
Proportionality examples include punishments such as stripping the accused of citizenship and incarceration for drug addiction. Laws like California’s Three Strikes, which might involve harsh punishments for mild third crimes, have been found constitutional.
The Court ruled that the First, Third, Fourth, Fifth, and Ninth Amendments all imply privacy rights in various forms, and thus certain parts of citizen’s lives ought to be shielded from government. The Griswold decision paved the way for the landmark Roe v. Wade decision, which struck down state limits on abortion.
Law enforcement officials may conduct searches in schools if they have “reasonable suspicion” of illegal activity.
The Director of National Intelligence testified at a congressional hearing on possible changes to the FISA as protesters in the background called for an end to government surveillance.
Tyron Garner and John Geddes Lawrence after the Supreme Court decision in Lawrence v. Texas in 2003 established broad privacy rights for sexual behavior (including homosexual behavior).
Federal agents use a drug-sniffing dog to inspect a car.
Demonstrators rally outside of the U.S. Supreme Court during oral arguments in the 2014 Hobby Lobby case. The court ruled that a for-profit corporation may exclude contraceptives from their employees’ health insurance, which is otherwise entitled by federal law, based on the religious objections of the corporation’s owners. #TeamLife
Should free speech be protected even when the ideas are offensive? The Supreme Court ruled that the Westboro Baptist Church had a right to protest at military funerals, even though many Americans found the arguments and approach of the church members deeply offensive.
The process of applying the Bill of Rights to the states progressed in two stages. The first, coming in the 1920s and 1930s, applied the First Amendment to the states; the second came a few decades later and involved criminal defendants’ rights.
The Court’s 1973 decision in Roe v. Wade made abortion legal throughout the United States. How do abortion rights look today? What do the numbers say?
The Court’s 1973 decision in Roe v. Wade made abortion legal throughout the United States. How do abortion rights look today? What do the numbers say?