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Minimum 800, maximum 1200, DUE Feb.11 at 11 am CST
please read the instruction carefully and follow the requirement.
First writing assignment. Be sure to read the syllabus for all requirements for formatting the file and paper. The due date is provided in Moodle.
The Scavenger Hunt
Part I
Find one case, decided by the Supreme Court, as it pertains to the freedom of speech as described in the First Amendment. Provide a description of this case including a description of events surrounding the case, the claims of the defendant and plaintiff. Discuss the impact of this case. This should have a minimum of 200 words and a maximum of 300.
Part II
Find one case, decided by the Supreme Court, as it pertains to the freedom of religion as described in the First Amendment. Provide a description of this case including a description of events surrounding the case, the claims of the defendant and plaintiff. Discuss the impact of this case. This should have a minimum of 200 words and a maximum of 300.
Part III
Find one case, decided by the Supreme Court, as it pertains to the right to bear arms as described in the Second Amendment. Provide a description of this case including a description of events surrounding the case, the claims of the defendant and plaintiff. Discuss the impact of this case. This should have a minimum of 200 words and a maximum of 300.
Part IV
Find one case, decided by the Supreme Court, as it pertains to searches and seizures as described in the Fourth Amendment. Provide a description of this case including a description of events surrounding the case, the claims of the defendant and plaintiff. Discuss the impact of this case. This should have a minimum of 200 words and a maximum of 300.
Great resources for this assignment include…
http://www.findlaw.com/casecode/
http://www.streetlaw.org/en/landmark/home
http://www.oyez.org/
http://billofrightsinstitute.org/resources/educator-resources/lessons-plans/landmark-cases-and-the-constitution/
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Chapter 4 Civil Liberties 2014 W.W. Norton & Co., Inc.
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Defining Civil Liberties Civil liberties are basic political freedoms that protect citizens from governmental abuses of power.
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Civil Liberties: Balancing Interests and Drawing Lines A fundamental problem of civil liberties is how to balance competing interests such as security, military strategy, and liberty.
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The public ’ s demand for security after September 11 came into contact with the Constitution ’ s protection of civil liberties in a dramatic way. As part of the war on terrorism, the government engaged in “ extraordinary rendition, ” Suspected terrorists were taken from their homes or airports, arrested, and taken for questioning to countries that are less protective of civil liberties: Egypt, Syria, Jordan, or Morocco. If they failed to give useful information, they would be beaten, kept in tiny cells, shocked with cattle prods, and water-boarded (simulated drowning). This raises questions of what happens when the wrong person is taken into custody? There is no clear answer to how to balance civil liberties and national security. If we accept that some situations, such as imminent terrorist-detonated nuclear attack, might require sacrificing civil liberties, the question becomes how much and under what circumstance?
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Origins and Evolution of American Civil Liberties: The Basics Pre-Civil War Civil War Amendments Due Process Clause Gitlow v. New York Selective Incorporation
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Pre-Civil War Prior to the Civil War, the Bill of Rights applied only to the national government and did not protect citizens in the eighteenth century to the degree that it does today. This is important because in the first 80–100 years of our nation’s history, the states had more power than the federal government.
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Civil War Amendments The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the civil war. The Fourteenth Amendment, which guarantees equal protection to all American citizens regardless of state of residence, is particularly important for civil liberties.
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Gitlow v. New York The first case which found that the Fourteenth Amendment incorporated certain amendments of the Bill of Rights (in this case, the First Amendment), meaning that states were not free to violate those rights.
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Selective Incorporation The process through which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the Fourteenth Amendment.
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THE FIRST AMENDMENT FREEDOM OF RELIGION FREE EXERCISE ESTABLISHMENT 1ST AMENDMENT FREEDOM OF EXPRESSION FREEDOM OF SPEECH FREEDOM TO PETITION THE GOVERNMENT FREEDOM OF ASSEMBLY FREEDOM OF THE PRESS Political speech and symbolic speech Less protected forms of speech style.visibility style.visibility style.visibility style.visibility style.visibility style.visibility
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ESTABLISHMENT The government cannot establish an official state religion or favor one religion over others. FREE EXERCISE The government cannot prevent people from practicing their religion. Pop Quiz! Which type of speech is strongly protected under the First Amendment? a political speech b commercial speech c obscenity d libel e fighting words 2. The First Amendment’s “establishment clause” says that the government cannot a establish categories of speech. b prevent people from practicing their religion. c ban offensive speech. d create an official state religion. e prevent people from peaceably assembling.
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Freedom of Religion Establishment Clause Free Exercise Clause
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Although you may have heard the phrase about a “ wall of separation between church and state ” this phrase is not in the Constitution. It comes from an 1802 letter from Thomas Jefferson to the Danville Baptists. In understanding where to draw the line between church and state today, one can imagine the Court ’ s decisions on a spectrum from “ separationist ” (hard line between church and state) to “ accommodationist ” (allowing religious activity in public institutions). Many controversies surrounding church and state involve what children are taught in public school or whether children are allowed to pray in school. ( Compulsory prayer was forbidden in 1962 and 1963 [see Engel v. Vitale and Abington v. Schempp ]. To what extent are religious organizations allowed in public spaces? For instance, can a town have a crèche in its village square? What if the town were to sponsor the Christmas pageant? Does it make a difference if the town were to spend significant funds on this pageant? To answer these questions, the court developed the Lemon Test. Lemon Test – from the case of Lemon v. Kurtzman, the Supreme Court uses this test to determine whether a practice violates the First Amendment ’ s Establishment Clause. The test claims that any governmental aid must have a secular purpose, does not advance or inhibit religion, and does not foster an “ excessive entanglement ” between government and religion. The Lemon Test has not been totally dropped, but the Court is moving away from it towards an increasingly “ accommodationist ” perspective. For instance, Zelman v. Simmons-Harris (2002), the court ruled that tuition vouchers given to parents did not constitute impermissible state support of religion. Dissenters argued that this was the first time that public dollars were being used for employees of a particular religious organization (in this case, most of the vouchers were used to send poor children to Catholic schools). But the Court ’ s majority argued that the program was Constitutional since the aid went to the parents and not to the schools. The Free Exercise Clause can be more difficult to interpret but, essentially, you can believe whatever you like, but if you act on your beliefs, the government might be able to regulate your behavior. After lawsuits brought by Jehovah ’ s Witnesses, who believed that reciting the Pledge of Allegiance violated their religion, requiring the recitation of the Pledge of Allegiance is now unconstitutional. Congress and the Courts are going back and forth over whether the Court now needs to have a “ compelling ” interest to regulate religious practice. (The Court thinks it doesn ’ t need to have a “ compelling interest ” —what exactly would that mean?—but just a good one.) Interestingly, the Religious Freedom Restoration Act of 1993 and the Supreme Court decision on União do Vegetal allow certain exceptions to the Controlled Substances Act. These carve-outs allow members of certain Indian tribes to use peyote and certain religious sects to drink hallucinogenic tea as part of religious rites. Another recent case dealt with whether a law school could require an on-campus student organization (the Christian Legal Society) to accept members who had views that differed from the organization’s beliefs. The Court ruled that the school could withhold student funds if the group discriminated in who it allowed as members.
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Prayer Before Ballgames
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Separation between Church and State: Indiana’s License Plate
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Despite the establishment clause, the United States still uses the motto “In God We Trust” and calls itself “one nation, under God.” This Indiana license plate was introduced in 2007. Do you think its reference to God is a violation of the separation of church and state?
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Freedom of Religion
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Can a cross be displayed on federal land? The Supreme Court has ruled that religious displays on government property must be part of larger, secular displays. This cross on federal land in the Mojave Desert was covered up after it became controversial.
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Ten Commandments
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The challenge: when is the government engaging in an unconstitutionally excessive entanglement with religion? Civil Liberties: Balancing Interests and Drawing Lines
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How can conflicts between civil liberties and other legitimate interests, such as public safety and public health, be resolved? Sometimes freedom is forced to give way. Courts have upheld bans on the religious practice of snake handling and laws requiring the Amish to display reflective triangles when driving slow-moving buggies on public roads, despite religious objections to doing so. Many important civil liberties issues have involved Supreme Court cases brought by religious minorities, e.g.: the Amish Native American tribes The Amish have been forced to put reflective triangles on their buggies, despite their religious objections. Another significant civil liberties issue involving the Amish was decided in the Supreme Court case Wisconsin v. Yoder, where the question was whether Amish children could drop out after 8 th grade—rather than the 10 th grade requirement in Wisconsin—because of their religious prohibition on “ worldly ” knowledge. (The Amish won that case.)
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The Holy Bible, New Testament Mark 16:17–18 17 And these signs will accompany those who believe: in my name they will cast out demons; they will speak in new tongues; 18 they will pick up serpents with their hands; and if they drink any deadly poison, it will not hurt them; they will lay their hands on the sick, and they will recover.”
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Civil Liberties: Balancing Interests and Drawing Lines
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Florida Driver’s License: Balancing Interests/Drawing Lines
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See Court Case
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Freedom of Religion: Balancing Interests/Drawing Lines
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Lawyers for Tom Green argued that laws against bigamy and polygamy infringed on his religious freedom. Green belonged to a fundamentalist sect of Mormonism that teaches plural marriage. When this photo was taken in 2000, he had five wives and at least 29 children.
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Schenk v. U.S. “ Clear and Present Danger ” test Allows the government to restrict certain types of speech deemed dangerous Brandenburg v. Ohio “Direct Incitement” test The First Amendment: Freedom of Speech, Assembly, and the Press
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Senator Joseph McCarthy stands in front of a map purporting to show communist activity in the United States. McCarthy was a central figure in the post–World War II Red Scare, during which Americans suspected of supporting communism were persecuted and imprisoned. The Alien and Sedition Acts were an example of a restriction on political speech . It would not be the last. During World War I, Congress passed the (similarly named) Sedition Act (of 1918) which outlawed any “ disloyal, profane, scurrilous, or abusive language about the form of government, the Constitution, soldiers and sailors, flag and uniform of the armed forces. ” An interesting figure in the transition from the old (restrictive) view of freedom of speech to the new (permissive) view, was Oliver Wendell Holmes. In a case against an anti-war pamphleteer, Schenk v. U.S. , Holmes developed the Clear and Present Danger test. Clear and Present Danger test – Allows the government to restrict certain types of speech deemed dangerous. In arguing for this test, Holmes analogized dangerous words to shouting “ Fire ” in a crowded theater. In future cases, Holmes would be persuaded that “ we should be eternally vigilant against attempts to check the expression of opinion that we loathe and believe to be fraught with death. ” In this sentiment, he is advocating for a “ free trade in ideas. ” The free speech test was replaced with a Direct Incitement test . Direct Incitement test – Established in Brandenberg v. Ohio , this test protects speech under the First Amendment unless it is directed at inciting “ imminent lawless action and is likely to incite or produce such action. ” Students are only sometimes protected by Direct Incitement: In a bizarre case, Fredrick v. Morse , a student who cut school to attend the march of the Olympic Torch through his home town was punished by his school when he raised a “ Bong Hits 4 Jesus ” banner. (The student wasn ’ t trying to make a point; the banner was a joke.) Although he tried to argue that his speech was partially protected by the ruling in Tinker v. Des Moines (which ruled that students DID have the right to wear a black armband to class to protest the Vietnam War), the Court found for the school district and ruled that his speech was not protected. Take-away lesson: freedom of speech does not necessarily apply to students talking about drugs in school.
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Public Figure Public Figure Standard – Well known individuals tolerate comments made of them that non-public figure citizens may be allowed to sue of libel or slander.
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Public Figure Standard Why? Because the Court found that reasonable people would not have interpreted the parody to contain factual claims Example… Falwell v. Hustler Publications
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Bong Hits 4 Jesus
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In 2002, a student in Juneau, Alaska, was suspended for holding up a banner across from his school that proclaimed “Bong Hits 4 Jesus” when the Olympic torch was passing through Juneau. The student sued the principal of the school, and the case ultimately went to the Supreme Court. The Court ruled in favor of the principal, saying that the student’s right to free speech could be curtailed because it was promoting illegal drug use.
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The First Amendment: Freedom of Speech, Assembly, and the Press: Prior Restraint Prior restraint A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials. Supreme Court looks unfavorably on government attempting to restrain media.
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The publication of thousands of government documents, including some sensitive reports and communications, raised new questions about press freedom and national security. Here, demonstrators protest government surveillance and thank Edward Snowden for his revelations.
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Symbolic speech – nonverbal expression, such as the use of signs as symbols. It benefits from many of the same constitutional protections as verbal speech. The First Amendment: Freedom of Speech, Assembly, and the Press
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The American flag is a popular target for protesters: it has been spat upon, shredded, turned into underwear, and burned, as it was during this 2004 demonstration at the Democratic National Convention in Boston. Despite multiple efforts in Congress to ban flag desecration by constitutional amendment, these activities remain constitutionally protected symbolic speech. In Texas v. Johnson (1989), the Supreme Court ruled 5-4 that a Texas law that outlawed flag-burning was unconstitutional. Symbolic speech is not protected when it violates other parts of the Constitution. For example: Draft card burning is not constitutionally protected. Some advocates have tried to argue that certain types of political spending falls under constitutionally protected “ symbolic speech. ” The Supreme Court has found that candidates are allowed to spend unlimited sums of their own money on themselves. Similarly, the Court has protected the rights of corporations and labor unions to spend money on campaign ads. However, the Supreme Court also ruled “ soft money ” bans (on contributions to political parties) are also okay.
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The First Amendment: Freedom of Speech, Assembly, and the Press: Commercial Speech Commercial speech – it has become much tougher to regulate commercial speech in our era, though ads can be regulated if they meet any one of three criteria: The ads concern an illegal activity. The ads are misleading. Regulation advances a substantial governmental interest.
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Joe camel peddles his wares on a New York City billboard. Commercial speech, as a general category, is not as strongly protected by the First Amendment as political speech, but advertising can be limited by the government only in specific circumstances.
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Hate speech Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. Protected by First Amendment The First Amendment: Freedom of Speech, Assembly, and the Press
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Are laws banning hate speech constitutional? Sometimes yes, but the threshold is relatively high. These Ku Klux Klan members are free to hold rallies, preach racism and xenophobia, and burn crosses, as long as they do not directly incite violence or display an “ intent to intimidate. ” Important Supreme Court cases on hot-button issues like hate speech frequently seem to be in tension with one another. Supreme Court precedent, like the Common Law, evolves over time. R.A.V. v. St. Paul (1992): The Supreme Court threw out a law under which a teenager was convicted for burning a cross on the lawn of an African American family. The court said that the teen could be punished for arson, terrorism, trespassing, or other legal violations, but the law as written constituted impermissible “ viewpoint discrimination. ” Virginia v. Black (2003): Court upholds a more narrowly tailored ban on cross burning. Under this contextual view, burning a cross at “a Klan rally would be permitted political speech, but burning one on an African American family ’ s lawn would not.
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Finally, rights to obscenity? In general, local governments grant rights to be obscene. No person has a ‘natural right’ to be obscene. Community standards prevail.
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Obscenity lacks First Amendment protection, but it’s difficult to define. At first, the Court tried to use “contemporary community standards, as applied by the average person.” The benchmark that applies now is the Miller Test. The Miller Test rules that a work is obscene if, taken as a whole, it fails the SLAPS test. SLAPS test: Does the work have any “serious literary, artistic, political, or scientific” merit? Court has a mixed record on obscenity cases when it comes to sexual content and vulgar words, but two recent cases have struck down regulations of violent material.
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The First Amendment offers the most famous set of personal freedoms in the Constitution. Broadly speaking, the First Amendment protects two forms of freedom, the freedom of religion and the freedom of expression. The First Amendment offers two important but distinct protections for religious freedoms. The first protection, the “Establishment Clause” is designed to keep the US government from creating an official religion from the country, and to keep the government from supporting one religion at the expense of others. In practice, defining the boundaries between church and state has been difficult. For example, the Courts have determined that school-sponsored prayer is not permitted by the First Amendment, as it amounts to the school, as part of the government, supporting the practice of religion. At the same time, the Court has allowed school vouchers to subsidize the tuition costs for students attending religious schools because students are given the option of attending a religious school or a secular one, and the government is not encouraging one particular choice. The other part of the First Amendment’s religious protection is the “Free Exercise Clause.” These protections are designed to make sure that the government does not keep citizens from following their religious beliefs. In addition to religious protections, the First Amendment protects our freedom of expression. This includes the freedom of the press, which means that the government is generally unable to prohibit the media from publishing materials; the freedom to petition the government, which means that people cannot be punished for asking the government to change its policies; the freedom of assembly, which means that the government should permit peaceable assemblies and protests; and the freedom of speech. There are a number of forms of speech that the Court has traditionally protected from government regulation: political speech, symbolic speech, and hate speech. The Courts generally require a very substantial reason for limiting these forms of speech. On the other hand, there are a number of other forms of speech with fewer protections. The Courts are more willing to allow government regulation on fighting words, slander, libel, commercial speech, and obscenity.
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In allowing the government to regulate religious conduct, the Court balances between two goals – maintaining public safety and protecting religious expression. For example, the Amish are allowed to drive their horse and buggies on highways, but are required to follow traffic laws and have to put slow-moving vehicle signs and license plates on their buggies.
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Civil Liberties
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Should free speech be protected even when the ideas are offensive? The Supreme Court ruled that the Westboro Baptist Church had a right to protest at military funerals, even though many Americans found their arguments and approach deeply offensive. Since 2005, members of the Westboro Baptist Church of Topeka, Kansas have protested at military funerals throughout the United States, arguing that combat deaths are a result of God punishing America for tolerating homosexuality. Congress, along with most states, have passed laws placing restrictions on the time and place of such protests surrounding military funerals. One grieving family sued the church for defamation and invasion of privacy. In a case that was appealed up to the Supreme Court, the Court ruled 8-1 that such speech was protected under the first amendment. This case demonstrates the important role the Court plays in defining the lines of civil liberties.
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The Second Amendment: The Right to Keep and Bear Arms
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While the constitution guarantees the individual right to bear arms (as shown by the woman taking target practice), the shootings at Sandy Hook Elementary School in Newtown, Connecticut, shocked the nation and led to sympathy for the victims and their survivors. President Obama is shown here comforting the father of one of the victims at a ceremony marking the anniversary of the shooting.
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Guns Laws and Gun Trafficking Figure 4.1: Gun Ownership by State
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FIGURE 4.1 Gun Laws and Gun Trafficking Although state gun laws must conform to the Second Amendment as interpreted by the U.S. Supreme Court, laws concerning gun sales and ownership vary widely from state to state. It is much more difficult to buy a gun in, say, New York or California than in Texas or Kentucky. This map shows the percentage of the adult population in each state owning a gun in 2013. SOURCE: Bindu Kalesan, Marcos D. Villarreal, Katherine M. Keyes, and Sandro Galea, “ Gun Ownership and Social Gun Culture, ” June 29, 2015, http://injuryprevention.bmj.com/content/early/2015/06/09/injuryprev-2015-041586.full ?keytype=ref&ijkey=doj6vx0laFZMsQ2 (accessed 6/13/16).
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The Second Amendment: The Right to Keep and Bear Arms The Second Amendment reads, “ 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. ”
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After a mentally ill student shot and killed 32 people at Virginia Tech in 2007, many people called for stricter gun laws. For years, the issue of what this meant divided citizens, politicians, constitutional lawyers, and judges. In general, liberals thought that the first part of the Amendment clearly referred to state militias, which have been superseded by the National Guard. Conservatives argued, to the contrary, that “ the right of the people ” is a term that appears in amendments in the Bill of Rights that are universally understood as protecting individual rights. For a long time, the Second Amendment was not recognized by the Supreme Court as recognizing an individual ’ ’ s right to keep and bear arms. In a pair of cases in the last two years, the Court has issued two landmark rulings in favor of the “ individual rights ” point-of-view— District of Columbia v. Heller and MacDonald v. City of Chicago. The Court held both that (a) this should be interpreted as a right of individuals , not a prerogative for states to form militias and (b) this Amendment binds both states and federally-controlled territories like Washington, D.C. Some lower court cases of late have upheld limitations on gun ownership. Although still highly controversial and destined for more litigation, the Second Amendment can now be said to be “ fully incorporated ” .
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Original Intent? Application in the 21 st Century? Root cause?
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Second Amendment
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Privacy Rights Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens’ lives from governmental interference.
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Civil Liberties: Balancing Interests and Drawing Lines A fundamental problem of civil liberties is how to balance competing interests such as security, military strategy, and liberty.
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The public ’s demand for security after September 11 came into contact with the Constitution’s protection of civil liberties in a dramatic way. As part of the war on terrorism, the government engaged in “extraordinary rendition,” Suspected terrorists were taken from their homes or airports, arrested, and taken for questioning to countries that are less protective of civil liberties: Egypt, Syria, Jordan, or Morocco. If they failed to give useful information, they would be beaten, kept in tiny cells, shocked with cattle prods, and water-boarded (simulated drowning). This raises questions of what happens when the wrong person is taken into custody? An equally compelling example comes from Edward Snowden’ s revelations about the extent of NSA spying on both American citizens and foreigners. Where do we draw the line between the needs of security and the right to privacy? There is no clear answer to how to balance civil liberties and national security. If we accept that some situations, such as imminent terrorist-detonated nuclear attack, might require sacrificing civil liberties, the question becomes how much and under what circumstance?
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There are many issues related to automobiles and Fourth Amendment protection against “ unreasonable search and seizure ” ; for instance: What justifies a highway stop? What constitutes probable cause for a search? Civil Liberties: Balancing Interests and Drawing Lines
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Federal agents use a drug-sniffing dog to inspect a car. The photo above illustrates how civil liberties and the Bill of Rights have evolved to deal with cases unable to be foreseen by the Founders. Search and seizure cases also call for balance between individual freedoms of the targets of police action and the broader interest of public order and security.
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The Bill of Rights: A Statement of Our Civil Liberties 2014 W.W. Norton & Co., Inc.
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Civil Liberties around the World America Side by Side: Civil Liberties around the World
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Elections are only a small part of what makes a democracy a democracy. Liberal democracies—a term political scientists use to refer to countries they consider fully democratic—also have extensive civil rights and civil liberties. Freedom House, an independent watchdog organization focusing on freedom and democracy around the world, collects data on political rights and civil liberties from each country. They measure freedom of expression and belief, respect for the “rule of law,”a the right to organize and form associations, and personal autonomy and individual rights to rank countries as free, partly free, and not free (shown below). All countries vary in how they prioritize specific liberties. The United States is generally comparable to other democracies when it comes to the freedom of expression and belief and the right to organize and form associations, but the United States places exceptionally high emphasis on personal autonomy and individual rights. In comparison, Latvia is ranked slightly higher on the right to organize and form associations, but concerns regarding the treatment of women and minorities mean their individual rights score is lower.
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Civil Liberties and Civil Rights
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