Civil Liberties

“Protection from big bad government”

Bill of RightsAmendments #1-10• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

First Amendment “the big 5 freedoms”

speech

pressreligion

petitioncomplain assembly

1st

First Amendment Freedoms

• Sometimes they work, sometimes they don’t…

• What would you do?

• And here?

Religion

• “free exercise” • “establishment”

“Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof…”

•“Separation of church and state”

•Government funds to parochial schools

•Prayer in schools

•Evolution in science class

•Belief vs practice

Speech• Pure speech is…• Speech plus is…• Symbolic speech is…

Some free speech limits…

• Fighting words• Espionage• Sabotage• Treason• Sedition• Libel-Slander• “clear and present danger”• “bad tendency”

Press

• Gag order

• Shield law

• Prior restraint

Assembly

• Protest

• March

• Picket

• Hang-out?

Petition

• Communication

• Criticism

Think like a lawyer…

Legal consultation

Bill of RightsAmendments #1-10• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

Bill of RightsAmendment #2

• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

…right of the people to keep and bear arms…

• Historical perspective

• Regulation

• Changes in interpretation

Bill of RightsAmendment #3

• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

…soldier quartered in any house…

• Historical perspective

• Irrelevant today

Bill of RightsAmendment #4

• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

…secure against unreasonable searches and seizures…

• Person, house, papers, effects

• Search Warrant• Probable cause• Exclusionary rule• Burden of proof• Corrupt authorities• plain view• reasonable

expectation of privacy

Bill of RightsAmendment #5

• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

…witness against himself… due process…private property…

• Plead “the 5th”

• Fair trial

• Grand jury

• Double jeopardy

• Bail

• Sentence or acquit

• Due process (against arbitrary acts)

Bill of RightsAmendment #6

• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

…speedy public trial…impartial jury…counsel…

• habeus corpus

• Time

• Secrecy

• Or bench trial

• Witness

• Gideon v. Wainright (attorney)

Bill of RightsAmendment #7

• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

Bill of RightsAmendment #8

• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

…cruel and unusual punishment…

• GTMO?

• Capital punishment?

Bill of RightsAmendments #9-10• 1st: “the big 5”• 2nd: arms• 3rd: quartering troops• 4th: search and seizure• 5th: investigation, due process• 6th: criminal proceedings in court• 7th: civil dispute• 8th: punishment• 9th: more rights not mentioned• 10th: state power

Your turn: Think Like a Lawyer

• Know your client• Research precedent

cases for and against• Present your

conclusions