Expert answer:Civil Liberties
Expert answer:News Journal Written Assignment:News Journals require you to relate current events to the topics covered within American National Government. For this Journal you will select your own article. The article you select will determine your success on this Journal. The article must be about Civil Liberties, and illustrate a concept discussed in your textbook. The news article you select must itself be at least 4 paragraphs in length and come from a major, national news source. Create your Journal meeting the criteria we have been using and addressing each of the elements below.Summary – Summarize in paragraph form the facts and issues presented in the article. Please document the source of your information with a parenthetical reference.Application – Apply one or more concepts from your textbook to the information in the news article. Specifically explain how the material in your textbook is illustrated in the article you are examining. This can be accomplished by using examples from the article and terms or concepts found in the textbook.Analysis – Provide an analysis that identifies the perspective presented in the article and compare it to your understanding of civil liberties and judicial interpretation supported by the principles found in the Constitution of the United States and the related amendments.In order to receive credit, you are required to:Divide your assignment into paragraphs and identify each section by number and title as listed above.Submit your response in at least 350 words, excluding the title page and reference page.Provide in-text citations and references in the APA writing format.
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American Government Roots and Reform
Thirteenth Edition
Chapter 4
Civil Liberties
Copyright © 2018, 2016, 2014 Pearson Education, Inc. All Rights Reserved
Learning Objectives
4.1 Explain the roots of civil liberties in the Constitution and their
development in the Bill of Rights.
4.2 Distinguish between the establishment and the free exercise
clauses of the First Amendment.
4.3 Outline the First Amendment liberties and limitations on the
freedoms of speech, press, assembly, and petition.
4.4 Describe the Second Amendment right to bear arms.
4.5 Outline the constitutional rights of defendants and the issues
involved in protecting defendants’ liberties as guaranteed in the Bill of
Rights.
4.6 Explain the origins and significance of the rights of privacy.
4.7 Evaluate how reforms to combat terrorism have affected civil
liberties.
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4.1 Roots of Civil Liberties: The Bill of Rights
• The Incorporation Doctrine: The Bill of Rights Made
Applicable to the States
• Selective Incorporation and Fundamental Freedoms
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4.1 The Incorporation Doctrine
• Fourteenth Amendment
– Bill of Rights applies to actions of states, not just federal government.
• Due Process Clause
– Applied to Bill of Rights
• Substantive Due Process
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4.1 Selective Incorporation and
Fundamental Freedoms
• Fundamental Freedoms
– Essential to order, liberty, and justice
• Rights that States Must Protect
– Freedom of press
– Freedom of speech
– Freedom of assembly
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4.1 When Did the Court First Articulate the
Doctrine of Selective Incorporation?
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Table 4.1 How Has Selective Incorporation Made the
Bill of Rights Applicable to the States? (1 of 2)
Amendment
Right
Date
Case Incorporated
I
Speech
1925
Gitlow v. New York
I
Press
1931
Near v. Minnesota
I
Assembly
1937
DeJone v. Oregon
I
Religion
1940
Cantwell v. Connecticut
II
Bear Arms
2010
McDonald v. City of
Chicago/ D.C. v. Heller
III
No quartering of soldiers
—
Not incorporated
IV
No unreasonable searches
and seizures
1949
Wolf v. Colorado
IV
Exclusionary rule
1961
Mapp v. Ohio
V
Just compensation
1897
Chicago, B&O R.R. Co. v.
Chicago
V
Self-incrimination
1964
Malloy v. Hogan
V
Double jeopardy
1969
Benton v. Maryland
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Table 4.1 How Has Selective Incorporation Made the
Bill of Rights Applicable to the States (2 of 2)
Amendment
Right
Date
Case Incorporated
V
Grand jury indictment
—
Not incorporated
VI
Public trial
1948
In re Oliver
VI
Right to counsel
1963
Gideon v. Wainwright
VI
Confrontation of witnesses
1965
Pointer v. Texas
VI
Impartial trial
1966
Parker v. Gladden
VI
Speedy trial
1967
Klopfer v. North Carolina
VI
Compulsory trial
1967
Washington v. Texas
VI
Criminal trial
1968
Duncan v. Louisiana
VII
Civil jury trial
—
Not incorporated
VIII
No cruel or unusual
punishment
1962
Robinson v. California
VIII
No excessive bail
1971
Schlib v. Kuebel
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4.1 Journal Prompt
• Explain the roots of civil liberties in the Constitution and
their development in the Bill of Rights.
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4.2 First Amendment Guarantees:
Freedom of Religion
• The Establishment Clause
• The Free Exercise Clause
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4.2 The Establishment Clause
• Separation of Church and State
• Lemon Test
– Must have secular purpose
– Must not advance or prohibit a religion
– Must not entangle government with religion
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4.2 Should Children Be Required to
Pray in Public Schools?
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4.2 Free Exercise Clause
• Free Exercise Clause Not Absolute
– Key question: what is a religious faith?
– Government interests can outweigh free exercise rights.
▪ Restriction on religious practices of Muslim inmates
• Religious Freedom Restoration Act (RFRA)
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4.2 Journal Prompt
• Distinguish between the establishment and the free
exercise clauses of the First Amendment
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4.3 First Amendment Guarantees:
Freedoms of Speech, Press, Assembly,
and Petition
• Freedoms of Speech and the Press
• Protected Speech and Press
• Unprotected Speech and Press
• Freedom of Assembly and Petition
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4.3 Freedoms of Speech and the Press
• Alien and Sedition Acts
– Censored criticism of the government
• Slavery, the Civil War, and Rights Curtailments
– Speech again censored
• World War I and Antigovernment Speech
– Schenk v. U.S. (1919)
– Clear and present danger test
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4.3 Protected Speech and Press
• Limiting Prior Restraint
• Symbolic Speech
• Hate Speech
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4.3 Unprotected Speech and Press
• Unprotected Speech
– Libel and slander
– Fighting words
– Obscenity
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4.3 Freedoms of Assembly and
Petition
• Among the Most Controversial Freedoms
• Hinge on Peaceful Conduct
• Supreme Court Has Rarely Addressed Right to Petition
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4.3 How Do We Use Our Right to
Assemble?
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4.3 Journal Prompt
• Outline the First Amendment liberties and limitations on
the freedoms of speech, the press, assembly, and
petition.
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4.4 The Second Amendment: The
Right to Keep and Bear Arms
• Included to Prevent Congress from Disarming State
Militias
• National Firearms Act (1934)
• D.C. v. Heller (2008)
– Second Amendment is an individual right.
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Figure 4.1 How Do States Restrict
the Right to Bear Arms?
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4.4 Journal Prompt
• Describe the Second Amendment right to bear arms.
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4.5 The Rights of Criminal
Defendants
• The Fourth Amendment and Searches and Seizures
• The Fifth Amendment: Self-Incrimination and Double
Jeopardy
• The Fourth and Fifth Amendments and the Exclusionary
Rule
• The Sixth Amendment and the Right to Counsel
• The Sixth Amendment and Jury Trials
• The Eighth Amendment and Cruel and Unusual
Punishment
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4.5 The Fourth Amendment and
Searches and Seizures
• Police Must Obtain Warrant for Searches
– Houses or offices
– Expectation of privacy
• Warrantless Searches
– Reasonable suspicion
– With consent
– In situations with no expectation of privacy
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4.5 The Fifth Amendment: Self-Incrimination
and Double Jeopardy
• Right to a Grand Jury
• Protection against Self-Incrimination
• Miranda v. Arizona (1966)
• Double Jeopardy
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4.5 Why Was Ernesto Miranda Important to
the Development of Defendants’ Rights?
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4.5 The Fourth and Fifth Amendments and the
Exclusionary Rule
• Mapp v. Ohio (1961)
• Exceptions to the Exclusionary Rule
– “Good faith” mistakes
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4.5 The Sixth Amendment and the
Right to Counsel
• Sixth Amendment Right to Attorney
– Gideon v. Wainwright (1963)
– State must provide attorney for indigent.
– Right to counsel begins with first appearance before a judge.
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4.5 The Sixth Amendment and Jury
Trials
• Speedy and Public Trial by Impartial Jury
• Right to Confront Witnesses
• Jury of Peers
– Racial peers
– Gender
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4.5 The Eighth Amendment and
Cruel and Unusual Punishment
• Focus on Death Penalty, but also Applied to Life
Sentences and Solitary Confinement
• Modern Questions of Constitutionality
– Furman v. Georgia (1972)
– Some classes of people protected from death penalty
• Protecting the Wrongfully Convicted
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4.5 How Do States Vary in Their Application
of the Death Penalty?
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4.5 Journal Prompt
• Outline the constitutional rights of defendants and the
issues involved in protecting defendants’ liberties as
guaranteed by the Bill of Rights.
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4.6 The Right to Privacy
• Birth Control
• Abortion
• LGBT Issues
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4.6 Birth Control
• Right to Obtain Contraceptives
• Griswold v. Connecticut (1965)
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4.6 What Was the Outcome of
Griswold v. Connecticut (1965)?
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4.6 Abortion
• Roe v. Wade (1973)
– Prohibits state bans on abortion
• Planned Parenthood v. Casey (1992)
– Restrictions cannot place undue burden on woman.
• Whole Women’s Health v. Hellerstedt (2016)
– Overturned Texas law
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4.6 LGBT Issues
• Right to Privacy Extends to Private Sexual Behavior.
• Lawrence v. Texas (2003)
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4.6 Which Case Led to Greater Discussion of
Gay Rights Issues?
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4.6 Journal Prompt
• Explain the origins and significance of the right to privacy.
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4.7 Civil Liberties and Combating
Terrorism
• The First Amendment
• The Fourth Amendment
• Due Process Rights
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4.7 The First Amendment
• USA PATRIOT Act
– Limits on freedom of speech
– Freedom of religion ignored
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4.7 The Fourth Amendment
• The USA PATRIOT Act and Impact on Illegal Search and
Seizure
– Private records
– Searches of privacy property
– Limited judicial oversight
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4.7 Due Process Rights
• Reduced Rights of Habeas Corpus
• Detention Facilities
• Right to Trial by Jury
• Cruel and Unusual Punishment
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4.7 What Are Living Conditions Like
for Detainees?
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4.7 Journal Prompt
• Evaluate how reforms to combat terrorism have affected
civil liberties.
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4.8 Shared Writing
• Consider the topic of the “American Politics in
Comparative Perspective” feature. Why might some
people have a problem with the wearing of religious garb
in the army or schools?
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Photo Credits
Chapter 4
062: Bettmann/Getty Images; 066: AP Images; 068:
Bettmann/Getty Images; 072: AP Photo/Darren Abate;
073, bottom: Benoit Balanca/Moment Open/Getty Images;
073, top: AP Photo/Cedric Joubert; 075: Pacific
Press/LightRocket/Getty Images; 078: AP Photo; 082: AP
Photo/Beth A. Keiser, File; 084: Bettmann/Getty Images;
085: AP Photo/David J. Phillip; 088: Shane T.
McCoy/Department of Defense/HO New/Reuters
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