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| The fundamental freedoms that together preserve the rights of a free society |
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| Rights that embody the right to equal treatment under the law. |
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| Where do guarantees of civil liberties come from? |
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| Whose power does the Bill of Rights limit? |
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| Free speech, worship, press, assembly, petition |
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| Fundamental Freedoms Doctrine |
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Speech
Press
Religion
Petition
Assembly
Association |
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Laws that restrict the exercise of a fundamental right must:
Serve a compelling government interest.
Be narrowly tailored.
Be the least restrictive means for achieving that interest.
Applies to content- and viewpoint-based restrictions on speech, but not to time, place, or manner restrictions on speech. |
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| Limits on Freedom of Speech |
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Definition
Obscenity
Libel/Slander
Fighting Words
Imminent Threats
Commercial Speech |
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| First Amendment's Religion Clauses (Establishment Clause, Free Exercise Clause) |
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Definition
Establishment Clause-
Denies the government the power to establish any single religious practice as superior.
Free Exercise Clause-
Protects the rights of individuals to practice their religion without government interference |
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Government action:
(a) Must have secular purpose.
(b) Cannot advance or inhibit religion
(c) Cannot foster excessive government entanglement. |
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| Government action unconstitutional if it conveys a message of endorsement or disapproval of religion. |
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| Government action unconstitutional if it coerces support of or participation in religion against one’s will. |
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| If a law is not a neutral law of general applicability and it infringes on the right to free exercise, strict scrutiny applies |
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| Right to Privacy related amendments |
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| Ban on Quartering Soldiers |
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| Ban on Unreasonable Searches and Seizures |
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| Right to avoid Self-Incrimination |
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| Citizens have rights that may not be listed in the Bill of Rights |
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4th Amendment
Exclusionary Rule |
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Definition
Evidence gathered in violation of a defendant’s constitutional rights is inadmissible in court
(There are exceptions.)
Mapp v. Ohio (1961) |
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| Miranda warnings (rights) must be read before what? |
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Definition
| any custodial interrogation |
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Term
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Definition
Speedy trial
Public trial
Impartial jury
Juries are to be selected from a cross-section of the community |
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| When is a defendant entitled to a trial by jury? |
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Definition
| When offense charged is punishable by imprisonment for six months or more. |
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| The 6th amendment requires that juries include at least ____ people |
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| Does the Constitution reqiure that jury verdicts be unanimous in FEDERAL cases? |
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| Does the Constitution require that jury verdicts be unanimous in STATE cases? |
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| Why the difference between state and federal cases? |
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INCORPORATION (Remember that?)
The Supreme Court has held that the Sixth Amendment requires unanimity…but has not incorporated this portion of the Sixth Amendment.
Therefore, the unanimity requirement does not apply to the States.
Many state constitutions or laws require unanimity |
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| Are juries in criminal trials in both Texas and in Federal cases required to be unanimous for a verdict? |
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| Gideon v. Wainwright (1963): |
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| Sixth Amendment guarantee of counsel is a fundamental right, essential to a fair trial. Applies to federal and state governments. |
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| Loss of Liberty Rule (Right to Counsel, 6th Amendment) |
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Definition
| If crime can result in imprisonment, defendant is entitled to representation |
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Term
When does the Sixth Amendment require the government to provide a criminal defendant with an attorney?
(3) |
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Loss of Liberty Rule: If crime can result in imprisonment, defendant is entitled to representation.
Entitled to counsel for trial and first obligatory appeal.
Does not extend to discretionary appeals. |
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| Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
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| Death Penalty is unconstitutional when? (3) |
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Definition
Applied to mentally retarded persons.
Applied to minors.
Applied for offenses that do not result in the victim’s death. |
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| 14th Amendment Equal Protection Clause? |
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| No State shall…deny to any person within its jurisdiction the equal protection of the laws. |
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| Strict Scrutiny Definition |
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Laws that discriminate on the basis of a “suspect classification.”
Serve a compelling government interest.
Be narrowly tailored.
Be the least restrictive means for achieving that interest.
Applies to discrimination on the basis of race, national origin, and religion. |
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Term
Supreme Court says that gender discrimination violates the Equal Protection Clause.
Craig v. Boren (1976)
But, strict scrutiny does not apply. |
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Definition
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| Laws that discriminate on the basis of gender must (2) |
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Definition
Further an important government interest.
Means must be substantially related to achieving those ends |
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Term
| Americans with Disabilities Act of 1990 (ADA) |
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Definition
A civil rights act for people with disabilities
Made it illegal to discriminate against persons suffering from disabilities:
In employment
In public services
In public and private accommodations
In telecommunications
Requires employers and public facilities to make “reasonable accommodations” for those with disability. |
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Term
| Equal Employment Opportunity Commission (EEOC) (2) created by what and what did ADA do to this? |
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Definition
Created by the Civil Rights Act of 1964
ADA expanded EEOC to include employment rights for the disabled. |
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