Civil Liberties

Civil Liberties Katie Blevins Integrating Fall 2012Katie.blevins@smail.astate.edu

Baron v. Baltimore Challenges the right to PropertyJohn Baron Warf Owner- sued the state because they drained sewage into his Warf. Baron Lost the Case The Bill of Rights does not protect against the states.The 14th amendment incorporated the states.

John Baron Warf Owner- sued the state because they drained sewage into his Warf, causing him to lose business. So he sued the the state for loss of property.

2Freedom of ReligionCongress should make no law either advancing or inhibiting the Freedom of Religion or the exercise there of.Reynolds v. U.S.- 1878Department of Health and Human Services of Oregon, et al v. Alfred L. Smith

Reynolds was a moron married to 2 women. The court decieded that relgious duty is not suitable case for a criminal indictment

Smith- 2 native American Drug cousilors use peyote (class 3 hallucinogens- felony)

3Establishment ClauseThe government cannot federally back a church.Aid to parochial schools Lemon v. Kurzmon Lead to the Lemon TestSchool PrayerEngel v. VataleReligious displays on public property

The lemon testThe government's actions must have a legitimate secular purpose It cannot have any primary affect that advances or inhibits religionIt must not result in excessive entanglement of government and religion

4Freedom of SpeechSeditionDennis v. U.S.Brandenburg v. Ohio

Sedition advocacy to discontentment with the government inciting a roit rebelion or revolution

Dennis v. us: Eugene Dennis- secretary of the communist party- convicted for the willful over throw of the US government by the use of violence. Conspiring, teaching, and organizing to overthrow the US government Brandenburg v. Ohio: Clarence Brandenburg- KKK leader contracted reporter in Cincinati Government cannot punish inflammatory speech that incites immoral lawless action

5Freedom of AssemblyChicago v. Morales

Chicagos gang congregation ordinance 6Freedom of the PressNo Prior Restraint Until the New York Times printed the Pentagon PapersThe papers were a threat to national security They were shut down under the cause for national security.

Obscenity Roth v. U.S. Hicklin TestMiller v. California Overturned RothRoth- ran a literary business mailer- American Aphrodite (Aquarterly for the fancy free) he was shut down To check for obscenity they use the hicklin test: Does the dominate theme appeal to the prurient interestDoes the average person find it offensive Does it have scientific or artistic value

**Miller: obscenity is constitutionally protected unless it is provided to minors7Fourth Amendment Terry v. OhioEstablished the Terry Search Mapp v. Ohio Dorlee Mapp was suspected of harboring a bombing fugitive. The cops kept looking until they found something illegal that had nothing to do with the original search warrant.

The 4th amendment gives protection against unreasonable searches and seizures.

The terry search is the set of parameters to for the stop and Frisk8Fifth Amendment Miranda v. Arizona Miranda RightsDouble Jeopardy- is being tried twice for the same crime Palko v. Connecticut `

The 5th amendment- protects against self incrimination.

Ernesto Miranda raped a girl, he was arrested, convicted, and sentenced with out knowing his rights Palko killed 2 police officers and is sentenced to life in prison, later he pulled out of prison, retired and sentenced to death ( no new evidence was provided)

In 21 Jump street they had to let their criminals go because they failed to read them their Miranda rights 9Sixth Amendment Gideon v. WainrightGideon broke in to a pool hall He could not afford an attorney to defend himselfThus leading to legal counsel being provided for the poor6th amendment-right to a speedy trail by a jury of your peers and also provides an attorney in criminal cases 10Eighth AmendmentAtkins v. VirginiaAtkins killed someone and was sentenced to death Furmen v. Georgia States that executing the mentally retarded is considered cruel and unusual punishment Katz v. U.S. Electronic and survalince case Giswald v. Connecticutdeals with family planning

8th amendment: Prohabition against cruel and unsual punishment, excess fines or bail 11Civil Rights 13th AmendmentAbolishes Slavery 14th Amendment Equal Protection Clause15th Amendment Gives Newly Freed Slaves the right to Votes19th AmendmentGives women the right to vote

12Civil Rights CasesScott v. SanfordScott moved his slave above the Mason-Dixion line Sanford sued for his freedom because he was in a free state Slaves are property they cannot win court casesPlessy v. FergisonEstablished separate but equal

13You are Protected Against:Exofacto lawLatin for after the fact Meaning you cannot go to jail for something you did in the past which was legal at the time that is now illegalTreason has to be committed against country2 eyewitnesses to prove treasonNo Corruption of blood The family would be sentenced with espionage

You are Protected Against:Political Dissent- Writ of Habeas Corpus The Great WritIt was suspended during World War II A Bill of AttainderWhere Congress outlawed a certain group of peopleU.S. v. LovettLovett Governor of the U.S. Virgin Islands was thought to be a communist by the state department. 15ResourcesAll notes come from the lectures of Tony Horton The lectures were given in November 8th and 15th 2012The notes were recorded by Katie Blevins