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Civil Liberties

Civil Liberties. 1 st Amendment: Freedom of Expression. “Congress shall make no law. 1 st Amendment: Freedom of Expression. “Congress shall make no law respecting an establishment of religion , . 1 st Amendment: Freedom of Expression.

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Civil Liberties

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  1. Civil Liberties

  2. 1st Amendment: Freedom of Expression • “Congress shall make no law

  3. 1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion,

  4. 1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

  5. 1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,

  6. 1st Amendment: Freedom of Expression “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,

  7. 1st Amendment: Freedom of Expression “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,

  8. 1st Amendment: Freedom of Expression “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.”

  9. Freedom of Expression(1st Amendment) • Freedom of Speech • Our government depends on citizens being informed • Speech that is not protected • Speech that creates a clear and present danger or that incites violence • Libel (written) & slander (spoken) • false report meant to harm • Sedition – speech that urges the overthrow of gov’t

  10. Freedom of Expression(1st Amendment) • Symbolic Speech • Nonverbal communication, expression by conduct • Some is protected • Picketing outside during a strike • Burning an American Flag • Some is prohibited • Burning draft cards • Government MAY regulate the time, place, and manner that we express ideas; May NOT regulate content.

  11. Freedom of Religion Action vs. Thought Freedom of Action vs. Freedom of Thought

  12. Freedom of Religion • The Establishment Clause • Prevents government from setting up official U.S. religion • Or declaring any religion illegal • “Separation of Church and State” • NOT in Constitution, but in a letter of Thomas Jefferson in 1802

  13. Freedom of Religion • The Free Exercise Clause • Protection to practice any religious belief • If religious practices conflict with others rights or disrupt order, they can be denied or punished • Constitution protects religious beliefs, not all practices

  14. Freedom of Expression • Freedom of Assembly • Right to Assemble • Must remain peaceful, especially when demonstrating • Tough balance between freedom to assemble and order in society • Right to Associate • Freedom to join groups / associations without government interference • Private organizations do not have to accept everyone who wants to associate with them.

  15. Defendants’ Rights • Criminal Justice personnel are limited by the Bill of Rights (preserve individual rights) • Failure to follow the rules usually invalidates a conviction • Searches and Seizures • Probable Cause • to arrest a citizen or obtain a warrant, the officer must have reasonable suspicion of a crime • Exclusionary Rule • the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained

  16. Defendant’s Rights Basic Rights during investigation: • Arrest • Probable Cause • Search Automobile • Probable cause or “plain sight” • Search home/office/etc. • warrant obtained from a judge • Drug testing • no warrant or probable cause • Wiretapping • must obtain a warrant

  17. Defendant’s Rights During Trial: • To be informed of the accusation • To call witnesses to testify for him/her • To be confronted with witnesses against him/herself • To have a lawyer • (unless you waive that right) • Trial by jury • (unless you waive that right) • Speedy trial • preliminary trial held within 100 days

  18. Defendants’ Rights • Self-Incrimination • An individual accused of a crime is not legally required to be a witness against himself or herself in court. • Miranda rights (during interrogation)

  19. Understanding Civil Liberties • Civil Liberties and Democracy • People need the right to express themselves. • Courts continue to define the limits of civil liberties. • Civil Liberties and the Scope of Government • Must decide the line between freedom & order • Limits the scope of government

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