Chapter 5: Civil Liberties

Miranda v. Arizona?

18 y.o. girl kidnapped & raped; Ernesto Miranda arrested; he was not told that he did not have to answer and questions or that he could be represented with an attorney; appealed on the grounds that his Fifth Amendment right not to incriminate himself had been violated because his confession had been coerced; held the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.

Barron v. Baltimore?

1833 case where Supreme Court ruled that the national Bill of Rights limited only the actions of the US government and not those of the states. Later, when 14th Amendment was added, its suggested Bill of Rights may be interpreted to prevent state infringement of those rights

Stromberg v. California?

1931 Case where Supreme Court first acknowledged that symbolic speech is protected under 1st Amendment. Court overturned a communist youth camp director's conviction under a state statute prohibiting the display of a red flag, a symbol of opposition to the US government

Roth v. US?

1957 case where Court held that, to be considered obscene, the material in question had to be "utterly without redeeming social importance" and articulated a new test for obscenity: "Whether to the average person, applying the contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interests"

Griswold v. Connecticut?

1965 case that involved a challenge to the constitutionality of a 1879 Connecticut law prohibiting the dissemination of information about and/or the sale of contraceptives. The Connecticut statute was ruled unconstitutional because it violated marital privacy, a right the Court concluded could be read into the US Constitution through interpreting several amendments.

Roe v. Wade?

1973 Supreme Court case that found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th Amendment. Norma McCorvey challenged Texas's statute that allowed abortions only when they were necessary to save the life of the mother. Justice Blackmun relied heavily on medical evidence to rule that the Texas law violated a woman's constitutionally guaranteed right to privacy which he argued included her decision to terminate a pregnancy.

Miller v. California?

1973 case that set out a test redefining obscenity. To make it easier for states to regulate obscene materials, the justices concluded that lower courts must ask "whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law". The courts also were to determine "whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value". In place of the contemporary community standards gauge used in Roth, the Court defined community standards to refer to the locality in question

Webster v. Reproductive Health Services

1989 Court case upheld state-required fetal viability tests in the second trimester, even though these tests increased the cost of an abortion considerably. Upheld Missouri's refusal to allow abortions to be performed in state-supported hospitals or by state-funded doctors or nurses. After Webster, states began to enact more restrictive legislation

Free Speech Zone?

2/3 of universities have banned a variety of forms of speech/conduct that fosters an intimidating, hostile, or offensive environment on campus. Free speech zones restrict the time, place, or manner of speech. Critics, including the ACLU, charge that free speech zones, even if to prevent disruption of university activities, imply that speech can be limited on other parts of the campus, which they see as a violation of the First Amendment.

DC v. Heller?

2008 case where the Court ruled that the 2nd Amendment protects an individual's right to own a firearm for personal use

Supreme Court's ruling in the University of Virginia case?

5-4 majority ruled that the university violated free speech rights of a fundamental Christian group when it refused to fund the group's student magazine

Furman v. Georgia?

8th Amendment prohibits "cruel and unusual punishment". NAAP Legal Defense Fund (LDF), believed the death penalty was applied more frequently to African Americans than other groups, and orchestrated a legal attack on its constitutionality. Public polls on the eve of death sentence case had support for the death penalty below 50%. 1972 Court ruling put an end to capital punishment (at least in the short run) because the death penalty often was imposed in an arbitrary manner, constituting cruel and unusual punishment, violating the 8th and 14th Amendments

Selective Incorporation?

A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the 14th Amendment. Requires the states to respect freedoms of press, speech, and assembly, among other rights. Other guarantees in 3rd and 7th Amendments not yet incorporated because Court has yet to consider them fundamental to national notions of liberty and justice

Types of speech government can restrict?

According to the Court, libel, fighting words, obscenity, and lewdness are not protected by the First Amendment because "such expressions are no essential part of any exposition of ideals, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality"

Fourteenth Amendment?

Added to Constitution in 1868. Guarantees equal protection and due process of the laws to all US citizens. Suggested the possibility that some (selective) or even all of the protections guaranteed in the Bill of Rights might be interpreted to prevent state infringement of those rights (incorporation doctrine). Section 1 states: "No State shall...deprive any person of life, liberty, or property, without due process of law."

Exclusionary rule?

Adopted in Weeks v. US (1914); judicially created rule that prohibits police from using illegally seized evidence at trial. 4th Amendment requires any evidence collected under an anticipatory warrant-one presented by the police yet not authorized by a judge-would be inadmissible at a trial as a violation of the exclusionary rule

What has the Fourth Amendment been interpreted to allow?

Allow police to search (1) the person arrested, (2) things in plain view of accused person, (3) places or things that the arrested person could touch/reach or are otherwise in the arrestee's immediate control

Right to privacy?

Although the Constitution is silent about the right to privacy, the Bill of Rights contains many indications that the Framers expected that some areas of life were to off limit to governmental regulation. The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras or shadows cast by several constitutional amendments, including the 1st, 3rd, 4th, 9th, and 14th

Tenth Amendment?

Amendment to the Constitution that defines the powers of the states; Favored by Federalists; Reiterates that powers not delegated to the national government are reserved to the states or to the people

Bill of Rights? When was it adopted?

Anti-Federalists insisted on it and some states conditioned ratification of the Constitution on it. National stability and support for new government particularly needed at this time. Sent to states for ratification in 1789, ratified in 1791. The first ten amendments to the Constitution, numerous specific guarantees and liberties, including those of free speech, press, and religion. Intended to limit the powers of the national government to infringe on the rights and liberties of the citizenry

Due Process Clause-What is it? Where is it found?

Clause contained in the 5th and 14th Amendments. Over years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action. Until turn of century, Court rejected using due process clause in 14th Amendment to provide guarantees to states, then held them to substantive due process standard

Supreme Court and public school religious clubs?

Could not prohibit formation of the clubs because they could not discriminate on the basis of religious speech/content at meetings (Equal Access Act of 1984). Religious clubs can use the school after-hours as long as it is also available to other community groups (1993).

Court's position on hallucinogenic tea?

Court ruled in 1990, free exercise clause allowed Oregon to ban use of sacramental peyote (illegal hallucinogenic drug) and led to Religious Freedom Restoration Act, legalizing peyote in religious services. In 2006, the Supreme Court, by a vote of 8-0, found that the use of hoasca tea, well-known for its hallucinogenic properties, was permissible free exercise of religion for members of a Brazilian-based church. Court noted that Congress had overruled its earlier decision and specifically legalized the use of other sacramental substances including peyote.

Establishment Clause?

Directs the national government not to involve itself in religion and prohibits the national government from establishing a national religion, "Congress shall make no law respecting the establishment of religion"

Lincoln's questionable constitutional actions?

During Civil War, suspended habeas corpus, set up military tribunals, made it unlawful to print any criticisms of the national government or of the Civil War. In doing so, he effectively suspending the free press protections of the 1st Amendment and even arrested newspaper editors critical of his conduct of the war and ignored a Supreme Court decision saying that these practices were unconstitutional

Groups that can be forced to undergo a drug test?

Executive branch employees, congressional employees, private employees, those involved with professional athletic organizations, employees involved in accidents, public high school athletes, high school students participating in any extracurricular activities, compulsory testing pregnant women for cocaine to generate evidence for law enforcement, not medical treatment ILLEGAL. In general, all employers can require pre-employment drug screening; however, public employees enjoy more protection than do employees of private enterprises

Libel?

False written statement or a written statement tending to call someone's reputation into disrepute

NY Times v. Sullivan?

First major libel case considered by Court. Alabama state court found Times guilty of libel for printing ad accusing Alabama officials of physically abusing African Americans during civil rights protests. Court overturned the conviction and established that finding libel against a public official could stand only if proof of "actual malice", or knowing disregard for the truth. Proof that the statements were false or negligent not sufficient to prove actual malice.

Gregg v. Georgia?

Following Furman, several state legislatures enacted new laws designed to meet the Court's objections to the arbitrary nature of the sentence. In 1976, in Gregg v Georgia, Georgia's rewritten death penalty statute was ruled constitutional by the Supreme Court in a 7-2 decision. This ruling did not deter the LDF from continuing to bring death penalty cases before the Court-must be a showing of racial discrimination at hand to violate equal protection clause

Secular law vs. freedom of religion?

Free exercise clause of the 1st Amendment guarantees individuals right to be free from governmental interference in exercise of their religion, not absolute. When secular law comes into conflict with religious law, the right to exercise one's religious beliefs is often denied-especially if the religious beliefs in question are held by a minority or by an unpopular or "suspicious" group. Governmental interests can outweigh free exercise rights but free exercise clause requires state or the national government to remain neutral toward religion. Will uphold state statutes bans on practices once part of some religions as constitutional if state has compelling reasons to regulate/ban them

Gideon v. Wainwright?

Gideon charged with breaking into Panama City poolroom and stealing alcohol and change. At trial, asked the judge to appoint him a lawyer because he was too poor and was refused. Convicted and given 5 years in prison, where he mailed a habeas corpus petition. Supreme Court appointed him a lawyer, Abe Fortas, and ruled that the state must provide an attorney to indigent defendants in felony cases: Guaranteed the right to counsel for defendants in criminal cases because of 6th Amendment. Gideon acquitted when retried with a lawyer.

Governor George Ryan?

Governor George Ryan (R-IL) ordered a moratorium on all executions. Ryan was a death penalty proponent until he became disturbed by new evidence death sentences continuing in light of men being wrongly convicted. Before leaving office in January 2003, Ryan commuted sentences of 167 death-row inmates, giving them life in prison instead (constituted the single largest anti-death-penalty action since the Court's decision in Gregg)

Free exercise clause?

Guarantees citizens that the national government will not interfere with their practice of religion, "or prohibiting the exercise thereof", not absolute

Fifth Amendment?

Imposes restrictions on federal government with respect to the rights of persons suspected of committing a crime. Includes indictment by a grand jury, protection from self-incrimination ("Plead the fifth"), can't deny a person life, liberty, or property without the due process of law or take property without due compensation. Criminal defendants don't have to take stand at trial to answer questions and this can't be used as evidence of guilt. Prosecutors cannot use defendant's statements or confessions not made voluntarily as evidence in trial.

Lemon Test?

In 1971, Lemon v. Kurtzman, the Court trade to carve out a 3 part test for laws dealing with religious establishment issues: the Lemon Test. According to the Lemon test, a practice/policy was constitutional if it (1) had a secular purpose, (2) neither advanced nor inhibited religion, (3) did not foster an excessive government entanglement with religion. Since the early 1980s, the Supreme Court often has sidestepped the Lemon test altogether and has appeared more willing to lower the wall between church and state so long as school prayer is not involved

"Good Faith Exceptions"?

In 1976, the Court noted that the exclusionary rule "deflects the truth-finding process and often frees the guilty". The Court has carved out a variety of limited "good faith exceptions" to the exclusionary rule, allowing the use of tainted evidence in a variety of situations: police have a search warrant and, in good faith, conduct the search on the assumption that the warrant is valid even though it is subsequently found invalid OR "inevitable discovery"

The Court and physician assisted suicide?

In 1997, the Court ruled unanimously that terminally ill persons do not have a constitutional right to physician assisted suicide. The Court's action upheld the laws of New York and Washington State that make it a crime for doctors to give life-ending drugs to mentally competent but terminally ill patients who wish to die. Oregon enacted a right-to-die or assisted suicide law approved by the Oregon voters than allows physicians to prescribe drugs to terminally ill patients but US Attorney General John Ashcroft issued legal opinion in 2001 contradicting state law, but this opinion was not upheld. In Gonzales v. Oregon (2006), the Court upheld the Oregon act

Student-led prayers at high school football games?

In 2000, the Court ruled that the student-led, student-initiated prayer at high school football games violated the establishment clause and was therefore, unconstitutional.

Thermal Imaging?

In 2001 Court ruled that drug evidence obtained by using a thermal imager (without a warrant) on a public street to locate the defendants marijuana hothouse was obtained in violation of the 4th Amendment. In contrast, the use of low-flying aircraft and helicopters to detect marijuana fields or binoculars to look in a yard have been upheld because officers simply were using their eyesight, not a technological tool

Planned Parenthood v. Casey?

In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), Justices O'Connor, Anthony, Kennedy, and David Souter, in a jointly authored opinion, wrote that Pennsylvania could limit abortions so long as its regulations did not pose "an undue burden" on pregnant women. The narrowly supported standard, by which the Court upheld a 24 hours waiting period and parental consent requirements, did not overrule Roe, but clearly limited its scope by abolishing its trimester approach and substituting the undue burden standard for the judicial standard used by the Court in Roe.

Chaplinsky v. New Hampshire?

In the 1942 case, the Court stated that fighting words are not subject to the restrictions of the First Amendment and can be regulated by the federal and state governments. Words can be spoken or be symbolic speech

Incorporation Doctrine?

Interpretation of the Constitution that hold that due process clause of the 14th Amendment requires that state and local governments also require those rights

Substantive Due Process Standard?

Judicial interpretation of the 5th and 14th Amendments' due process clauses that protects citizens from arbitrary or unjust laws. States have the legal burden to prove that their laws are a valid exercise of their power to regulate the health, welfare, or public morals of their citizens

Lawyers and peremptory challenges?

Lawyers used peremptory challenges (those for which no cause needs to be given) to exclude African Americans from juries, especially when African Americans were criminal defendants. Batson v. Kentucky (1986) ruled use of peremptory challenges specifically to exclude African American jurors violated the equal protection clause of the 14th Amendment and in 1994, Court ruled that the equal protection clause prohibits discrimination in jury selection on the basis of gender (lawyers cannot exclude women from juries through their use of peremptory challenges)

Gitlow v. New York?

Little interference with state power despite substantive due process, leading to sedition laws in states. Benjamin Gitlow (Socialist) printed manifesto urging workers to overthrow the US government and convicted of violating a NY law prohibiting such advocacy. Supreme Court found states could not abridge free speech protections, noted states were not completely free to limit forms of political expression, and states' authority to regulate speech was severely restricted but Gitlows conviction upheld. Before this, it as generally thought that the Bill of Rights does not apply to the states. First step to development of incorporation doctrine. After Gitlow, it took the Court 6 more years to incorporation another 1st Amendment freedom (press).

Sedition Laws

Made it illegal to speak or write any political criticism that threatened to diminish respect for government, its laws, or public officials

Least likely candidates for a jury?

No person is more or less likely to be a candidate for jury. Although potential individual jurors who have prejudged a case are not eligible to serve, no groups can be systematically excluded from serving under the equal protection clause of the 14th Amendment.

Supreme Court's position on aid from government to religious organizations?

Originally allowed "books only" as an aid to religious schools; Supreme Court is now willing to support programs so long as they provide aid to religious/non religious schools alike and the money goes to persons who exercise free choice over how it is used

What does the Court give the least protection to?

Over the years, the Court has employed a hierarchical approach in determining what the government can and cannot regulate, with some items getting greater protections than others. Generally, actions or deeds receive the least protection.

First Amendment?

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition. These guarantees are not absolute. Guarantees include establishment clause (1st clause) and free exercise clause (2nd clause)

Eighth Amendment?

Part of the Bill of Rights that states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

National Firearms Act

Passed in 1934 by Congress in response to the increase in organized crime that occurred in the 1920s and 1930s as a result of Prohibition. The act imposed taxes on automatic weapons and sawed off shotguns

Warrantless searches?

Police may search without a warrant any place that does not have a reasonable expectation of privacy or if consent is obtained -If you own an (open) field -Using low-flying aircraft and helicopters or binoculars -If police suspect that some is committing/about to commit crime -"Reasonable suspicion" -Increasingly lenient about automobile searches -Search bedroom if 1 out of 2 consent and house if both consent -Drunk driving (if refused Breathalyzer) -Plain view of accused -Border crossing -Firefighters to fight a fire (not to investigate cause of fire) -Stop and frisk suspected individual under suspicion

Abortion rights as decided in Roe v. Wade?

Pregnancy divided into trimesters: (1) Absolute right free from state interferences, (2) State could regulate abortions only to regulate the health of the mother, (3) when fetus becomes potentially viable, state's interest in potential life outweighed a woman's privacy interests and abortions to save the life or health of the mother were to be legal

Court ruled on the legality of what Congressional action during WWI?

President Woodrow Wilson's Espionage Act of 1917. Upheld the act. Under Schenck, anti-war leaflets, for example, may be permissible during peacetime, but during WWI they were considered to pose too much of a danger to be permissible

Fourth Amendment?

Protects people from unreasonable searches by the federal government and sets out what may not be searched unless a warrant is issued (upon probable cause). Purpose is to deny the national government the authority to make general searches. Right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures unless Warrant issued upon probable cause

What questions about the 14th Amendment remain?

Questions about the scope of "liberty" as well as the meaning of "due process of law"

Board of Regents v. Southworth?

Scott Southworth, law student at University of Wisconsin, believed the university's mandatory fee violated his First Amendment right to free speech. In March 2000, the Supreme Court ruled unanimously in Board of Regents v. Southworth that public universities could charge students a mandatory activity fee that could be used to facilitate extracurricular student political speech as long as the programs are neutral in their application. Universities are important forum for free exchange of political and ideological ideas and objectives

Miranda rights?

Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.

Schenck v. US?

Supreme Court ruling in 1919 which upheld Espionage Act of 1917. Act made it illegal to urge resistance to the draft and prohibited the distribution of anti-war leaflets. Ruled that Congress had a right to restrict speech "of such nature as to create a clear and present danger that will bring about the substantive evils that Congress has a right to prevent". Under the clear and present danger test, the Court articulated the line between protected and unprotected speech in and indicated the circumstances surrounding an incident are important.

Direct incitement test?

Test for deciding whether certain kinds of speech could be regulated by the government and defined what constituted a danger. Direct incitement test articulated by the Supreme Court in Bradenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur. Requirement of "imminent lawless action" makes it more difficult for the government to punish speech and publication and is consistent with the Framers' notion of the special role played by these elements in a democratic society.

Fate of Ernesto Miranda?

Testimony of the victim and his ex-girlfriend (confession not used) convinced jury of his guilt; served 9 years in prison and then paroled. After release, routinely sold autographed cards with Miranda rights; 4 years after his release, Miranda was stabbed to death in a Phoenix bar fight during a card game; 2 Miranda cards found on his body and person who killed him was read Miranda rights upon arrest

What has Congress recently been concerned with regulating?

The Internet: Since 1969, Congress passed laws to prohibit transmission of obscene or "harmful" materials over the Internet to anyone under the age of 18. The Court has repeatedly found these laws to be unconstitutional. Yet, in US v. Williams, the Protect Act (outlawing printing child pornography material) was found not to be overly broad or abridge freedom of speech guaranteed in 1st Amendment

Death penalty exceptions? Minors?

The Supreme Court has exempted two key classes of people from the death penalty: mentally retarded and those under the age of 18. In 2002, the Court ruled in a 6-3 decision that mentally retarded convicts could not be executed. In 2005, the Court ruled in a 5-4 decision that standards of decency had evolved sufficiently in the US, as well as internationally, so that executing those who committed murders as minors was against the 8th Amendment's ban on cruel and unusual punishment

What needs to be proven in a libel suit?

The Supreme Court overturned the conviction in NY Times v. Sullivan and established that a finding of libel against a public official could stand only if there was a showing of "actual malice", or a knowing disregard for the truth. Proof that the statements were false or negligent was not sufficient to prove actual malice but person must show the statements made were untrue.

Fundamental Freedoms?

Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest/most rigorous standard of review and strict scrutiny

US v. Miller?

Unanimous Court upheld the constitutionality of National Firearms Act in 1939, stating that the Second Amendment was intended to protect a citizen's right to own ordinary militia weapons and not sawed-off shotguns. For nearly 70 years following Miller, the Court did not directly address the Second Amendment

Slander?

Untrue spoken statements that defame the character of a person

Fighting Words?

Words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace". Fighting words, such as "profanity, obscenity, and threats" are not subject to the restrictions of the First Amendment (ruled in Chaplinsky v. New Hampshire in 1942). Do not have to be spoken, can be in form of symbolic expression