Civil Rights and Civil Liberties

Transcription

1 Civil Rights and Civil Liberties

2 Examples of Civil Liberties v. Civil Rights Freedom of speech Freedom of the press Right to peacefully assemble Right to a fair trial A person is denied a promotion because she is female A literacy test is given to black citizens before they can vote A landlord refuses to rent to someone who is in a wheelchair Freedom of religion

3 Straight up definitions Civil Liberties- freedoms guaranteed to all citizens by the US Constitution without arbitrary or unwarranted interference from the government Civil Rights- the right to full legal, social and economic equality regardless of gender, race, disability, etc. To think about: Is sexual identity a civil right yet in the US?

4 Establishment Clause Government is forbidden from creating an official church, formally supporting religious activities or giving preference to religion. Free Exercise Clause Government can t interfere with the expression of religious beliefs

5 Engel v Vitale

6 Lemon Test What is the precedent that was set? 1) The policy s purpose must be secular, not religious. 2) The policy s primary effect must neither advance nor inhibit religion. 3) The policy must avoid an excessive entanglement of government and religion.

7 Compelling public purpose Government can t put a restriction on a religion unless that restriction outweighs an already valid law

8 Non-preferentialist test Constitution prohibits favoritism toward any particular religion but does not prohibit government aid to all religions

9 Freedom of Speech: Usually grouped under freedom of expression To be able to debate the actions and policies of elected officials Not limited to politics only but art, music, literature, science and business Applies to spoken speech, written speech and symbolic speech

10 Clear and Present Danger Test Are the words used creating a clear and present danger such that they will bring about the substantive evils that the United States Congress has the right to prevent. Proximity and degree (nation at war is more strict than when a nation is at peace)

11 Fighting Words Could be written or symbolic or said out loud Include lewd and obscene, profane words or insulting words in which by expressing them it results in either injury or an immediate breach of peace

12 Libel and Slander Libel- written words that are known to be false ahead of time and could damage someone s reputation (malicious intent has to be there) Slander- spoken words that are known to be false ahead of time and could damage someone s reputation (malicious intent has to be there)

13 Miller Test 1. The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest or obsessive interest in sex 2. The work depicts or describes, in a patently offensive way, a type of sexual conduct prohibited by law 3. The work, taken as a whole, lacks serious literary, artistic, political or scientific value

14 Cohen v. California (1971)

15 Texas v. Johnson (1989)

16 Reasonable Suspicion

17 Probable Cause Goes through Criminal Courts Facts or evidence that would make a reasonable person believe that a crime or wrongdoing has been, is being, or will be committed A reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a cautious person s belief that certain facts are probably true. Doesn t have to come from a public authority

18 Exclusionary Rule Came out of 1914 case Evidence illegally seized by law enforcement cannot be used against the suspect in a criminal prosecution Evidence has to be excluded from trial

19 Plain View Doctrine From 1971 case Law enforcement officers can make a search and seizure without a warrant if evidence of criminal activity or the product of a crime can be seen without entry or search Example: policeman stops motorist for running a stop sign and can see a gun or drugs on the back seat, now he/she has probable cause to enter the vehicle and search

20 Mapp v. Ohio

21 New Jersey v. TLO

22

23 Supreme Court 2017 Gorsuch

24 How does a case get to the Supreme Court? Original Jurisdiction: the court that first hears the case Appellate Jurisdiction: a higher court reviews the decision of a lower court on the same case

25 Agreeing to hear the case: Supreme court gets about 100 applications a week Usually agree to hear 100 cases a year Court reviews and decides if they want to grant a writ of certiorari (granting cert) If accepted, lawyers from both sides send in written arguments Amicus Curiae brief: friend of the court In court, oral arguments with each side getting 30 minutes Justices can interrupt the whole time

26 Types of Decisions Majority Opinion: One justice is assigned to write the summary of why the majority of the court ruled the way they did Concurring Opinion: Dissenting Opinion:

27 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

28 14th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

29 Death Penalty in the US

30

31

32 Furman v. Georgia (1972)

33 Atkins v. Virginia (2002)

34 Kennedy v. Louisiana (2008)