Chapter 4: Civil Liberties

American Democracy Now 2/e

Civil Liberties

Civil Liberties in the American Legal System The Freedoms Protected in the American

System The Historical Basis for American Civil

Liberties: The Bill of Rights

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Civil Liberties

Where Do You Stand?Would the Constitution’s framers approve of regulations we face today in everyday life, such as laws requiring motorcyclists to wear helmets, requiring car riders to use seatbelts, restricting the consumption of alcohol and cigarettes, and banning cell phone use while driving?

a. Yes, they would approve.

b. No, they would not approve.

Source: “Zogby Poll: U.S. Constitution Wearing Well in Modern America,” www.zogby.com/News/ReadNews.dbm?ID=1332.

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Civil Liberties

Civil Liberties in the American Legal System Incorporation of the Bill of Rights to Apply to

the States Barron v. Baltimore (1833) Fourteenth Amendment Selective incorporation versus total incorporation Palko v. Connecticut (1937)

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(continued)

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Civil Liberties

Freedoms of Speech, Assembly, and the Press: First Amendment Freedoms Supporting Civil Discourse The First Amendment and Political Instability

The Tension Between Freedom and Order The Historical Context for Free Speech Laws The Standard Today: The Imminent Lawless Action

Test

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Civil Liberties

Freedoms of Speech, Assembly, and the Press: Freedom of Speech

Pure Speech versus Symbolic Speech Not all Speech is Created Equal: Unprotected

Speech Freedom of Assembly and Redress of

Grievances Freedom of the Press

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(continued)

Civil Liberties

Freedoms of Religion, Privacy, and Criminal Due Process The First Amendment and the Freedom of

Religion The Establishment Clause The Free Exercise Clause

The Right to Privacy The Emergent Right to Privacy The Right to Privacy Applied to Other Activities

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Civil Liberties

Freedoms of Religion, Privacy, and Criminal Due Process The Fourth, Fifth, Sixth, and Eighth

Amendments: Ensuring Criminal Due Process The Fourth Amendment and the Protection Against

Unreasonable Searches and Seizures The Fifth and Sixth Amendments: The Right to a

Fair Trial and the Right to Counsel

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(continued)

Civil Liberties

Freedoms of Religion, Privacy, and Criminal Due Process The Fourth, Fifth, Sixth, and Eighth

Amendments: Ensuring Criminal Due Process The Eighth Amendment: Protection Against Cruel

and Unusual Punishment

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(continued)

Civil Liberties

Where Do You Stand?

Do you favor or oppose the death penalty for persons convicted of murder?

a. Favor the death penalty

b. Oppose the death penalty

c. Unsure/Don’t know

Source: “Capital Punishment’s Constant Constituency: An American Majority,” http://pewresearch.org/pubs/523/capitalpunishments-constant-constituency-anamerican-majority.

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Civil Liberties

Freedoms in Practice: Controversy over the Second Amendment and the Right to Bear Arms Competing Interpretations of the Second

Amendment Individual right Group right

Citizens Engaged: Fighting for a Safer Nation Civil Liberties in Post-9/11 America

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Civil Liberties

Where Do You Stand?Does the Second Amendment guarantee to all U.S. citizens the right to own a gun? Or does it protect that right only in the case of state militias such as the National Guard?

a. Guarantees the right to all Americans

b. Guarantees the right exclusively to state militias

c. Do not know/no opinion

Source: “Public Believes Americans Have Right to Own Guns,” www.gallup.com/poll/105721/Public-Believes-Americans-Right-Own-Guns.aspx.

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Civil Liberties

Freedoms in Practice: Controversy over the Second Amendment and the Right to Bear Arms Perceived Intrusions on Free Speech and

Assembly Perceived Intrusions on Criminal Due Process

USA PATRIOT Act Foreign Intelligence Surveillance Act (FISA)

Discrimination Against Muslim Americans

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(continued)

Civil Liberties

Where Do You Stand?

Which is more important in the United States today—national security or personal privacy?

a. Security is more important

b. Privacy is more important

c. Not sure

Source: “Capital Punishment’s Constant Constituency: An American Majority,” http://pewresearch.org/pubs/523/capitalpunishments-constant-constituency-anamerican-majority.

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