5 civil liberties 2 classes

Sacred Heart University, Department of Government and Politics
12 Jan 2014

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5 civil liberties 2 classes

  1. Chapter 5: Civil Liberties
  2. “The whole history of the progress of human liberty shows that all concessions yet made to her noble claims have been born of earnest struggle. If there is no struggle, there is no progress. Those who profess to favor freedom, and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters.” Frederick Douglass; 1857; quote from a speech foretelling of the coming Civil War
  3. © 2003 AP/ Wide World Photos
  4. © Bob Kusel /SIPA
  5. © 2004 AP/Wide World Photos
  6. © A. Ramey/Woodfin Camp & Associates
  7. The Bill of Rights Feared tyrannical federal government Resulted in adoption of Bill of Rights Limited federal government by recognizing liberties in writing
  8. Democracy requires freedom of citizens to influence government through:  religion, speech, press  assembly (in political context)  petition (government with grievances)  association (parties and culture)
  9. Bill of Rights and State Governments  While Bill of Rights protected people from national government… What about state governments?
  10. “Congress shall make no law…”
  11. 1868: Fourteenth Amendment Reconstruction Amendment Overruled Dred Scott vs. Sandford Imposed Constitutional protections of civil liberties on state governments
  12. Incorporation Theory Most protections in Bill of Rights apply to states through 14th Amendment‟s due process clause.
  13. Freedom of Religion “Congress shall make no law respecting an establishment of religion, nor prohibiting free exercise thereof”
  14. Establishment of Religion vs. Free Exercise of Religion
  15. Free Exercise Clause Guarantees Free Exercise of Religion  Good News Club vs. Milford Central School Using Public Facilities  Reynolds vs. U.S. Mormons and Polygamy  Employment Division vs. Smith Illegal Drug Use
  16. Establishment Clause Separation of Church and State 1. Aid to church-related schools 2. School vouchers 3. School prayer—Engel v. Vitale 4. Prayer outside classroom 5. The Ten Commandments 6. Teaching evolution 7. Religious speech
  17. Your opinion on meaning of SOCS?
  18. Origins of Establishment Clause Founders detested English system making King head of state and church Crown persecuted other religions Church of England known as “Established Church” or E.C. Founders prevented U.S. from having an „E.C.‟ Hence the name “Establishment Clause”
  19. What Did Founders think about SOCS? ○ Congress authorized U.S. Military Chaplaincy, 1775 ○ Congress voted on First Amendment, 1789… ○ …that same week hired Congressional Chaplains ○ Jefferson letter written in 1802
  20. What did Jefferson think about SOCS?  Provided Federal funding for missionary work among Indians  Declared religious schools to receive “patronage of government”  Initiated Sunday services led by clergy on floor of Congress
  21. Christian roots, but not everything & everyone Christian Non-Christians informed by Biblical worldview Biblical worldview evident in public documents & laws America began as a Christian nation? Christian nation s a
  22. Have things changed today?
  23. 4 Tests to Determine an Establishment First: Lemon Test Law must have secular purpose Must not advance or prohibit religion
  24. Second: Endorsement Test Law is unconstitutional if reasonable observer of a law is persuaded that government is endorsing religion Hypocrisy?
  25. Third: Non-preferentiality Test Constitution prohibits favoritism toward any one religion… but not toward all religions Fourth: Strict Separation Test No aid to religion whatsoever Refer back to Ten Commandments
  26. School Vouchers: An Establishment of Religion? Vouchers and State Aide for Religious Schools How does this issue relate to First Amendment? Zelman vs. Simmons Harris 2003 (Cleveland, Ohio)
  27. Religion in China
  28. Time Permitting In groups of three or four, rank amendments contained in Bill of Rights by importance If some Amendments were going to be disposed, which would you keep and why?
  29. End of Lesson 1: Civil Liberties
  30. The Teaching of American Government is Your First Line of Defense!
  31. “Freedom is fragile. It never, ever, ever lasts unless we protect it, preserve it, defend it,” Pastor Rick Warren, Saddleback Church and Author of The Purpose Driven Life
  32. Conflict between civil liberties and social order Swinging pendulum throughout history
  33. Ben Franklin (1706-1790) “Those who give up Liberty to purchase Temporary Safety deserve neither Liberty nor Safety.” Ramsey Clark (AG, Johnson Administration) “No conflict between liberty and safety. We will have both or neither” Voltaire (1694-1778) “True character of liberty is independence, maintained by force” Jean-Jacques Rousseau (1712-1788) “I prefer liberty with danger than peace with slavery”
  34. When to limit people„s liberty?? Screaming fire in movie theaters? Protesting at abortion clinics? Media and private sources? Imprisoning “suspected” terrorists?
  35. Should Eminem be free to produce profane lyrics marketed to children and teens?
  36. Young men illegally burning draft cards to protest Vietnam War. SCOTUS refused to protect action as speech.
  37. RIGHTS COVERED IN THIS LESSON First Amendment: Speech, Press, Right to Assemble and Petition Government Privacy Rights Eighth Amendment: protection against cruel and unusual punishment
  39. Three Types Belief Freedom of conscience (Mormon, Islam) Has most protections Anyone can believe almost anything Action Subject to government restraint  Right to punch person ends at nose‟ tip Has most regulations Speech Somewhere in-between belief and action Not absolute right Libel, obscenity, fighting words, commercial speech not always protected
  40. Two SCOTUS tests to determine when to curtail speech Bad Tendency Rule Presume speech corrupting society is reasonable to curtail. Speech causing people to commit illegal acts Not a widely held viewpoint by today‟s judges
  41. “Kill You“ by Eminem When I was just a little baby boy, my momma used to tell me these crazy things She used to tell me my daddy was an evil man, she used to tell me he hated me But then I got a little bit older and I realized, she was the crazy one But there was nothing I could do or say to try to change it cause that's just the way she was They said I can't rap about being broke no more They ain't say I can't rap about coke no more (AH!) Slut, you think I won't choke no whore 'til the vocal cords don't work in her throat no more?! (AH!) These motherfuckers are thinking I'm playing Thinking I'm saying the shit cause I'm thinking it just to be saying it (AH!) Put your hands down bitch, I ain't gonna shoot you I'm a pull +YOU+ to this bullet, and put it through you (AH!) Shut up slut, you're causing too much chaos
  42. Just bend over and take it like a slut, OK Ma? "Oh, now he's raping his own mother, abusing a whore, snorting coke, and we gave him the Rolling Stone cover?" You god damn right BITCH, and now it's too late I'm triple platinum and tragedies happen in two states I invented violence, you vile venomous volatile bitches Texas Chainsaw, left his brains all dangling from his neck, while his head barely hangs on Blood, guts, guns, cuts Knives, lives, wives, nuns, sluts Bitch I'm a kill you! You don't wanna fuck with me Girls neither - you ain't nothing but a slut to me Bitch I'm a kill you! You ain't got the balls to beef We ain't gonna never stop beefing I don't squash the beef You better kill me! I'm a be another rapper dead for popping off at the mouth with shit I shouldn't said But when they kill me - I'm bringing the world with me Bitches too! You ain't nothing but a girl to me
  43. Clear and Present Danger Test More popular viewpoint today Speech curtailed if presents immediate danger leading to riots, destruction of property, or corruption of election Cannot shout, “Fire!” in a full movie theater
  44. Four Non Protected Speech Libel and Slander: writing false statements, verbal false statements Obscenity (Pornography): No protections; promotes sexual abuse of women and children; Problem: When is the line crossed? What is really obscene? Commercial speech: May not issue false-misleading advertising or advertise anything illegal
  45. Example of Libel Case Rev. Jerry Falwell vs. Hustler Magazine (1988)  Case against Hustler for publishing untrue story: Falwell‟s 1st sexual encounter with mother, drunk in outhouse  VA jury: Awarded $150,000 to Falwell  SCOTUS reversal: Cannot distinguish article from political other speech worthy of protection
  46. Christopher Hitchens and Free Speech
  47. Freedom of the Press
  48. Can press withhold information in criminal investigations?  SCOTUS: No Yet certain state press shield laws provide some protections Does press have right to know?  SCOTUS: No. Yet state Sunshine Laws require agencies to open meetings to press
  49. In 1934, the Federal Communications Commission (FCC) was established to regulate airwaves. FCC grants licenses and imposes regulations on broadcasting.
  50. Films, Radio, and TV FCC watches certain media personalities to make sure certain lines are not crossed
  51. The Right to Assemble and Petition the Government SCOTUS: government cannot bar individuals from assembling
  52. Privacy Rights
  53. Griswold v. Connecticut (1965) Landmark case SCOTUS: Constitution protected right to privacy Case involved CT law prohibiting contraceptives SCOTUS invalidated law (7-2): violated "right to marital privacy” Estelle Griswold, director of Planned Parenthood of CT
  54. Two Justices filed dissents Justice Black: right to privacy not in Constitution Justice Stewart: CT‟s statute "an uncommonly silly law," but it was nevertheless constitutional. Justices Potter Stewart
  55. No explicit constitutional right to privacy Not mentioned in Bill of Rights Interpretation by SCOTUS: From First, Third, Fourth, Fifth, and Ninth Amendments
  56. Led to privacy rights involving abortion… Roe v. Wade The controversy continues
  57. Santorum and Bella who has trisomy 18 Palin‟s baby Trig, born with downs syndrome
  58. Sandra Fluke, a third-year law student at Georgetown University, testifies before House Democratic Steering and Policy Committee (2012) in Washington on Obama's Health Care Mandate to cover contraception.
  59. Privacy Rights and The Right to Die
  60. Cruzan v. Director, Missouri Department of Health (1997) Affirmed Missouri Supreme Court ruling upholding Missouri‟s requirement of "clear and convincing evidence" for removal of life support Made living wills popular People without a living will? Spouse makes decision (Terry Schiavo)
  61. Privacy Rights vs. Security Issues Privacy rights taken on importance since 9-11. USA Patriotic Act 72
  62. Questions Do you think FBI has too much power? Is giving up some privacy a small price to pay to defend our country from terrorism?
  63. Rights of the Accused Fourth Amendment – No unreasonable or unwarranted search or seizure – No arrest except on probable cause Fifth Amendment – No coerced confessions – No compulsory self-incrimination
  64. Rights of the Accused (cont.) Sixth Amendment – Legal counsel – Informed of charges – Speedy and public jury trial – Impartial jury by one‟s peers Eighth Amendment – Reasonable bail – No cruel or unusual punishment
  65. The Death Penalty CT News 12 Interview: Debate between Professor DeSanctis and State Representative Gary Holder
  66. Is death penalty cruel and unusual punishment or is it a useful method for dealing with society‟s worst criminals? “No Cruel and Unusual Punishment”
  67. Unusual "unusual" provision easy to interpret No arbitrary punishment outside normal course of law To make punishment “usual” is to use it more often (consistently fairly)
  68. Cruel "cruel“ is flexible according to circumstances All punishments inherently “cruel” to some degree What punishment is too cruel to violate Eighth Amendment?
  69. Background: Before and during writing of Eighth Amendment (1787)… Capital punishment common in America, Great Britain, Western Europe
  70. For most of recorded history CP was often cruel and inhuman: breaking wheel, boiling to death, flaying disembowelment crucifixion, impalement, crushing, stoning, burning, dismemberment… etc
  71. Not cruel and unusual to put someone to death But is method cruel and unusual? And was there due process before court of law? Yet today minority in U.S. consider it cruel and unusual
  72. The Death Penalty Today 34 states allow CP Time Limits for CP Appeals 1996 AntiTerrorism and Effective DP Act limits appeals from death row
  73. "If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call." John McAdams - Marquette University/Department of Political Science, on deterrence
  74. “The 688 killers who were executed between 1998 and 2006 had murdered at least 1442 people. That is an average of 2.1 victims per executed killer”
  75. "There is barely a country in Europe where the death penalty was abolished in response to public opinion rather than in spite of it. In other words, if these countries' political cultures are morally superior to America's, it's because they're less democratic." Joshua Marshall, writing in the New Republic