Chapters 15 & 16, Civil Liberties

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Escobedo v. Illinois

1964--Ruled that a defendant must be allowed access to a lawyer before questioning by police.

Griswold v. Connecticut

1965 decision that the Constitution implicitily guarantees citizens' right to privacy.

Buckley v. Valeo (1976)

1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.

Miller v. California

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Defamatory speech

A false expression about a person that damages that person's reputation.

warrant

A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search. To get a warrant, the police must state under oath that they have probable cause (a reasonable belief) to suspect that someone has committed a crime. The warrant explains where the police plan to look and what they are looking for.

petition

The Constitution protects our right to petition the government for redress of grievances. Petition includes such things as signing a petition, filing a lawsuit, writing a letter or e-mail, testifying before tribunals, and collecting signatures for ballot initiatives.

Hazelwood School District v. Kuhlmeier

The Court held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression. the Court ruled that school officials can regulate student speech in school-sponsored activities, like the school newspaper and theater productions.

Bethel v. Fraser (1986)

The Court ruled that schools can punish lewd or indecent speech, even though that same speech would be protected outside school.

8th Amendment

The Eighth Amendment prohibits "cruel and unusual punishment." It is the only place in the Constitution where criminal penalties are specifically limited. Courts have ruled that the Eighth Amendment also means that punishments must be proportionate to the crime committed. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Assembly and Petition

The First Amendment guarantees "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." When individuals petition, they ask the government to take action or refrain from taking a planned action. They are asking the government to work for them.

Religion and the Constitution

The First Amendment prohibits the government from either endorsing or punishing religious belief or practice. Some people believe that the two clauses require the government to be neutral toward religion. This means that the government should not take actions or create laws that favor one religion over another, or favor religious activities over nonreligious activities. Other people believe that the First Amendment requires the government to accommodate religious belief and practice, as long as it does not establish or promote a particular state or national religion.

Press

The First Amendment to the U.S. Constitution guarantees freedom of the press. It protects us from government censorship of newspapers, magazines, books, radio, television, and film.

4th Amendment

The Fourth Amendment to the U.S. Constitution protects Americans from unreasonable government searches and seizures. The police need evidence to investigate and prosecute crimes. One way that police can show that a search is reasonable is by getting a search warrant before making the search. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

New York Times v. US

The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. Publication does not imperial the public.

double jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution.

1st Amendment

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Freedom of Religion, Speech, Press, Assembly, and Petition

Miranda v. Arizona

(1966) that the Fifth Amendment requires police to inform suspects in custody of their rights before questioning them. This protects the rights of suspects who might not be aware of this right. The Court said that the Fifth Amendment right against self-incrimination is fundamental to our system of justice, and is "one of our Nation's most cherished principles." If a defendant is not informed of his or her rights, any statements he or she makes cannot be used in court. These rights include: -The right to remain silent. Any statement made may be used as evidence against the defendant. -The right to the presence of an attorney, either hired by the defendant or appointed by the court. Creation of Miranda rights.

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

14th Amendment

-Granted citizenship to all persons born in the United States. *Anyone born or naturalized in the United States is a citizen, as long as he or she is subject to U.S. jurisdiction. *in 1924 the Indian Citizenship Act granted citizenship to all Native Americans born in the United States. -Guaranteed due process of law from all state governments. -Guaranteed equal protection of the laws from all state governments.

Symbolic Freedom of Speech

-conduct or actions also protected by expression. -Picketing protected if peaceful -Burning your draft card does not count - political speech in students is protected (conduct that expresses an idea. Sit-ins, flag waving, demonstrations, and wearing armbands or protest buttons are examples of symbolic speech. Because symbolic speech involves actions, the government can sometimes restrict it in ways that do not apply to pure speech)

radio and television regulations

-regulated by the FCC, established in 1934 -very limited protection under the first amendment -equal time for political candidates

Civil Liberties relative not absolute incorporation

14th Amendment, Gitlow v. NY, selective incorporation, 1st amendment

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination. When a law or government action is challenged as violating the equal protection clause—that is, unfairly discriminating between different groups of people—judges must determine whether or not the law is constitutional. To determine whether a law or government practice meets the equal protection standard, courts use one of three different tests, depending upon the type of discrimination involved.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Vehicle Exception

A warrant exception allows police to search a vehicle if there is probable cause to believe the vehicle contains evidence or contraband.

Christmas displays in schools

Although there are few court rulings on the specific issue of Christmas displays in public schools, the U.S. Supreme Court has barred governments from erecting explicitly religious symbols (such as a crèche or menorah) unless they are part of a larger "secular holiday display" (Lynch v. Donnelly, 465 U.S. 688 (1984) and County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989)). Under these rulings a school would not be prohibited from decorating the building for Christmas but would be limited in the kinds of symbols it could display.

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

gag order

An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial.

obscenity

Anything that treats sex or nudity in an offensive or lewd manner, violates recognized standards of decency, and lacks serious literary, artistic, political, or scientific value. In 1957 the U.S. Supreme Court ruled that obscenity is not speech protected by the Constitution. It also said that standards for what is considered obscene may be different from one community to the next.

Assembly and Petition Regulations

As with the freedom of speech, the government can reasonably regulate the time, place, and manner of assemblies, as long as it does so in the same way for all groups, regardless of their message. Some demonstrations have a high potential for violence because those with opposite views may launch counterdemonstrations. The two sides may engage in heated verbal or physical clashes.

Strict Scrutiny

Because some groups have historically faced severe discrimination in our society, laws that discriminate based on race, national origin, or citizenship status of people are judged more strictly. Judges applying strict scrutiny will find the law or practice constitutional if the state can show that the discriminating classification serves a compelling, or very important, interest.

U.S v. O'Brien

Burning a draft card is not protected by free speech.

prior restraint

Censorship of information before it is published—is a common way for government to control information and limit freedom. In the United States, attempts at prior restraint are presumed unconstitutional by the courts, unless publication would cause a certain, serious, and irreparable harm, and stopping publication would prevent the harm, but no lesser means would do so.

commercial speech

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court. Governments are allowed to ban or regulate commercial speech that is false or misleading or provides information about illegal products. Governments may also place restrictions on other forms of commercial speech if they have a good reason. -commercial advertising not protected. -most regulated form of speech -some ads are forbidden, 1920 Congress on cigarette ads on TV and radio, 1980 chewing tabacco

Civil Liberties

Constitutional freedoms guaranteed to all citizens

Reynolds v. US

Court ruled that one cannot use religion as a defense to the crime of polygamy. Court ruled that religious practices that impair the public interest do not fall under the First Amendment.

cruel and unusual punishment

Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

New York Times v. Sullivan

Decided in 1964, this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.

libel

Defamation published in a more lasting form—for example, a book, article, movie, audio recording, or blog

Direct Incitement Test

Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent "lawless action."

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court).

Roper v. Simmons

Execution of offenders for crimes committed while under the age of 18 is unconstitutional

Free Exercise Clause

First Amendment protects the right of individuals to worship as they choose. However, when an individual's right to free exercise of religion conflicts with other important interests, the First Amendment claim does not always win. As a rule, religious belief is protected, yet actions based on those beliefs may be restricted if they violate an important secular government interest.

exclusionary rule

If a court decides that evidence in a case was gained through an illegal search, then the evidence cannot be used at trial against the defendant.

Trash exception

If the trash is on the side of the road it is now public property and the police can search through it without a warrant.

Everson v. Board of Education

In 1947 the Supreme Court ruled that New Jersey was allowed to pay for busing students to religious private schools, even though opponents argued that it amounted to state support for religion. The law, the justices said, benefited students rather than aiding a religion directly.

school prayer cases

In cases such as Engel v. Vitale the Supreme Court has held that public school-sponsored prayer violates the establishment clause. Other on school: Despite restrictions on school-led or school-endorsed prayer, public school students may still study religion, and may even meet in religious groups. Schools are allowed to teach about the history of religion and the religions of the world as long as they do not endorse any particular belief. Student-initiated and -led groups, including student prayer groups, are allowed to use school space to meet outside school hours, just like any other club.

substantial relationship

In gender discrimination cases, courts use the substantial relationship test—a middle ground between rational basis and strict scrutiny. By this standard, there must be a close connection—not just a rational relationship—between the law or practice and its purpose. In addition, laws that classify based on gender must serve an important governmental purpose.

4th amendment exceptions

In situations where the police officer's safety is at risk, for example, the officer can search without a warrant. Police may stop and frisk someone who is behaving suspiciously to check for weapons in order to protect themselves and bystanders. They are not allowed to thoroughly search the person. Instead, they can perform a "pat down" to see if the individual is concealing a weapon. Police are also allowed to search a lawfully arrested person to make sure that that person does not have any hidden weapons, means to escape, or evidence that might be destroyed. Police often do not need warrants to search vehicles, either. If the police have probable cause to believe that a vehicle contains contraband, they may search the entire vehicle. Police are also allowed to search a person or their belongings if the person voluntarily consents to the search. Similarly, government officials may search people's belongings at international borders and in airports. Police are allowed to seize an item that can be seen in plain view from a place that an officer has a right to be.

Establishment Clause

It forbids state and federal governments from setting up churches, from passing laws aiding one or all religions, or from favoring one religion over another. In addition, the establishment clause forbids the government from passing laws requiring attendance at any church or belief in any religious idea. "wall of separation between church and state."

Rational basis

Judges use this test in discrimination based cases. Using this test, judges will uphold a law or practice that treats some people differently than others if there is a rational basis for the different treatment. A rational basis exists when there is a logical relationship between the treatment or classification of some group of people and the purpose of the law. This test is used when the group of people being discriminated against is not part of a group that has been historically mistreated by the government.

Wisconsin v. Yoder

Many states have laws requiring that children be in school until age 16. In 1972 some Amish parents challenged one state's law, arguing that in their religion, children should not be required to attend school past eighth grade. In Wisconsin v. Yoder, the Supreme Court ruled in their favor.

Excessive Entanglement Standard

Prevents Govt. getting involved with national religion and religion in general

Student speech

Public schools—which are run by the government—present special First Amendment problems. The rights of public school students may at times conflict with the rights of others or interfere with the need to maintain a good learning environment.

2nd Amendment

Right to bear arms "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."';

Hustler Magazine v. Falwell

Ruled that libel was not protected with the protection of free speech.

Tinker v. Des Moines

The Supreme Court said that students have free speech rights in school as long as exercise of that right does not result in a substantial disruption in the educational process or violate the rights of others. Later rulings have clarified the authority school officials have to regulate student speech consistent with First Amendment rights.

seditious speech

Speech urging the resistance to lawful authority or advocating the overthrow of the government. In different eras, the courts have taken different views about the constitutionality of such laws. If a conflict occurs between free expression and public safety, judges often look at whether the speech presents an immediate danger. Only speech directed toward "inciting immediate lawlessness" and likely to produce such behavior could be punished. (Clear and Present Danger and Direct Incitement Test)

New Jersey v. T.L.O

Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.

Gitlow v. New York

The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government.

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Lemon v. Kurtzman

The 1971 Supreme Court decision established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion. "Lemon Test"

Gregg v. Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

Clear and Present Danger Standard

The doctrine that Congress may limit speech if it causes a clear and present danger to the interests of the country. Test: first, the speech must impose a threat that a substantive evil might follow, and second, the threat is a real, imminent threat.

inevitable discovery exception

The legal principle that illegally obtained evidence can be admissible in court if police using lawful means would have "inevitably" discovered it.

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

6th amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

Right to Privacy

The right to a private personal life free from the intrusion of government. Online privacy is also threatened by websites and hackers who gather information on people who use the Internet. Private businesses and individuals are affected by state and federal laws regulating data collection and online privacy. Since the terrorist attacks of September 11, 2001, the U.S. government has had more power to conduct surveillance against everyone. Currently two laws lay down the guidelines for government surveillance in national security cases: the 1978 Foreign Intelligence Surveillance Act (FISA) and the 2001 USA Patriot Act. FISA requires federal agents to get a warrant from a special FISA court before tapping domestic phone and computer lines. FISA court records and rulings are kept completely secret.

peaceable assembly

The right to free assembly means people can participate in protests, parades, and other large events to show their unity and to show their support or opposition to a government policy but peacefully.

self-incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

Three Stirkes Law

These laws typically impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time.

Furman v. Georgia

This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.

Pure freedom of speech

Verbal expression to an audience that has chosen to listen. This is the most common form of speech and what most people think of when they hear the word speech. It might be talking with friends at home or giving a passionate address to a crowd.

Ten Commandments in school

When a Kentucky courthouse displayed a copy of the Ten Commandments by itself, the Supreme Court said that it violated the establishment clause (McCreary Co. v. ACLU, 2005). However, a Texas monument on the state capitol grounds that was donated by a private organization and included the Ten Commandments and accompanied by many other monuments and statues was found to be constitutional (Van Orden v. Perry, 2005).

slander

When defamation is spoken

grand jury

a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial.

public assembly

a meeting to share ideas and opinions in a public space where people can come to listen

Habeas Corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

plain sight exception

allows an officer to seize - without a warrant - evidence and contraband found in plain view during a lawful observation

wiretaps and electronic surveillance

an act or instance of tapping telephone or telegraph wires for evidence or other information, federal agents must get a warrant from a FISA court before

incorporation doctrine

an interpretation of the Constitution that means the due process clause of the Fourteenth Amendment requires state and local governments to guarantee their citizens the rights stated in the Bill of Rights.

Atkins v. Virginia

capital punishment is not a suitable penalty for mentally retarded defendants; such a penalty is excessive, when involving mentally retarded defendants

Nazi Party Case

to prevent march in Skokie, city required Nazis to post a $350,000 bond for a parade permit-- courts ruled that the law requiring high bond was intended to restrict speech based on its content (Nazis won, bond interfered with free speech & assembly)

juvenile sentencing

death penalty unconstitutional for those convicted while under the age of 18, even for murderers In the United States, juveniles in trouble with the law are treated differently from adults. Juveniles may be taken into custody for committing crimes that are also illegal for adults. However, juveniles can also be taken into custody for status offenses—acts that would not be crimes if they were committed by adults. The Supreme Court ruled that neither public nor jury trials are required in juvenile cases because they could destroy the privacy of juvenile hearings. If incarcerated, juveniles are required to be housed separately from the adult inmate population. Some people believe that the juvenile system is not equipped to deal with youth who commit serious crimes. Opponents of the practice of trying juveniles in adult courts argue that young people's brains are still developing and they are less culpable for their actions than adults are.

Due Process

following established legal procedures Procedural due process means the government must follow fair procedures if it is going to deprive someone of life, liberty, or property. The law cannot be enforced arbitrarily, and there must be reasonable safeguards to make sure that people are treated fairly. Substantive due process means that the laws themselves have to be fair. A law or government action cannot unreasonably interfere with a fundamental or basic right.

Miller v. Alabama

no sentence of mandatory life without parole for juveniles

Hot Pursuit

when police are chasing someone they may enter a place without a warrant

confidentiality agreement

when signed, the agreement signifies that the medical transcriptionist is committed to keep all patient information confidential

Open Fields Doctrine

officers are permitted to search and to seize evidence, without a warrant, on private property beyond the area immediately surrounding the house

Police Power--Constitution

power to govern; power to adopt laws for the protection of the public health, welfare, and safety. Police usually need a warrant to search a private home. There are some instances, however, when police are allowed to search without a warrant.

Speech types

pure and symbolic

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

shield laws

state laws that protect journalists from having to reveal their sources

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

D.C v. Heller

the 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically, there is a constitutional right to keep a handgun in the home for self-defense

capital punishment

the legally authorized killing of someone as punishment for a crime.

• Arrest exception to the warrant requirement

the police may search a vehicle that an arrestee recently was in or on if the arrestee may have access to the vehicle or the police reasonable believe that eh vehicle contains evidence of the offense for which the person was arrested.