Civil Liberties and Rights
AP Go Po
First Amendment Freedoms
- Writ of Habeas Corpus-court order directing the official holding the prisoner to bring him to a court official and explain why they are being held
- Ex Post Facto Law-retroactive criminal law, increasing punishment after crime committed, lessening the proof necessary to convict for a crime after, or prosecution of a crime after the statute of limitation expired.
- Bill of Attainder-legislative acts inflicting punishment and deprivation of property without trial
1st Amendment Court Cases Timeline:
Schenk v. USA (1919)
Gitlow v. New York (1925
Everson v. Board of Education of Ewing Township (1947)
NY Times v. Sullivan (1964)
Lemon v. Kurtzman (1971)
Miller v. California (1973)
Stone v. Graham (1980)
Employment Division v. Smith (1990)
Reno v. American Civil Liverties Union (1997)
Zelman v. Simmons-Harris (2002)
Van Orden v. Perry (2005)
McCreary v. ACLU of Kentucky (2005)
Establishment-forbids the extablishment of a state religion
Free Exercise-no government can compel someone to accept any creed or deny the of their rights because of what thy do not believe
- Speech lies between action and belief, because it is not an absolute right, but not too exposed to government restraint.
Tests to free speech?
- Bad Tendency Test-does the speech currupt society and lead to crime?
- Clear and Present Danger-does the speech lead to riots, destruction of property, or coruption of elections?
- Preferred Position Doctrine-says that the only thing punishable should be actions.
Protected types of free speech?
- Prior restraint
- Vague laws
- Least Drastic Means
- Content and Viewpoint Neutrality
Unprotected types of free speech?
- libel, obscenity, fighting words, commercial speech
Limits on obscenity?
- obscenity- if the average person would find the work appeals to an excessive interest in sex
- protected if the work, taken as a whole, lacks literary, artistic, political, or scientific value
- unprotected because they may inflict injury or tend to incite an immediate breech of the peace
- the press have a constitutional right to know
- Sunshine Laws-government agencies must have their meetings open to the public.
- president has a classification system for secret information
Free Press vs. Fair Trails and Due Process?
- since reporters describe crimes in vivid details, "gag orders" may close the trial to the press in rare cases
Protections of other media
- Handbills, sound trucks, and billboards
- its hard for a government to prove that a film is obscene
- movies, plays, concerts, and revues
- broadcast and cable receive the 1st amendment protection
- illegal for web sites to make sexually explicit material avaliable for those under 17-very vague
- places where free exercise is accepted
Local Rules on assembly?
- not protected if the well being of others is threatened
- not always the "bad guys"
Right to Privacy
Do you have a right to Privacy?
- Griswold v. Connecticut-the Supreme Court stated that a law that banned the use of contracepteves violated marital privacy.
- Stanley v. Georgia-decided that posessession of obsenity is not punishable
- Roe v. Wade-state law banning abortions was unconstitutional.
- Bowers v. Hardwick-ruled that the constitution does not protect homosexual sodomy
- Lawrence v. Texas-state laws banning homosexual sodomy are unconstitutional because of the right to privacy.
"The Four States of Privacy"
- Solitude-being alone, free from observation of others
- Intimacy-the right to choose a friend or partner
- Anonymity-free from identification
- Reserve-hold back information
- How to you aquire and lose citizenship in the USA?
Acquire-people born in US are citizens, children born of an American citizen abroad are citizens, and to go through Naturalization
- How does the constitution protect private property? How does the government take it away?
We have the right to own, use, rent, invest in, buy and sell property
Constitution forbids states from making anything excpt gold or silver legal tender to pay debts
contract clause-prevents states from extending the period for debtors to meet their payments
government has eminent domain, or the power to take private property for public use, and regulatory takings, or when the government takes property and claims that it was eminent domain.
- What is the due process protection of the rights of the accused?
Protection of unreasonable searches and seizures
Limits on the use of deadly force
limits of stop and frisking
- Timeline of the quest for equality - changes throughout history of the USA
- Voting Rights/Suffrage
- Explain the need of equality for the Chicano, Asian American, and Native American movements
- Is the a protection in place for equal education for all?
- Why is Affirmative Action controversial?