CHAPTER 5Civil LibertiesREVIEWING THE CHAPTERCHAPTER FOCUSThis chapter surveys quite a number of pressure points that have developed in the American politicalsystem regarding the liberties of individuals and the government’s involvement in protecting orrestricting those liberties. Included among these pressure points are national security, federal versusstate enforcement of rights, First Amendment freedoms, and criminal law. After reading and reviewingthe material in this chapter, you should be able to do each of the following:1. Discuss the relationship of the Bill of Rights to the concept of democratic rule of the majority, andgive examples of tension between majority rule and minority rights. Explain how the politics ofcivil liberties may at times become a mass issue, and offer several examples.2. Describe the conflicts that have arisen between those who claim First Amendment rights andthose who are in favor of sedition laws that might restrict freedom of speech. Explain how theSupreme Court attempts to balance competing interests. Describe the various tests that the Court has applied.3. Explain how the structure of the federal system affects the application of the Bill of RightsHowhas the Supreme Court used the Fourteenth Amendment to expand coverage in the federalsystem? Discuss changing conceptions of the due process clause of the Fourteenth Amendment.4. List the categories under which the Supreme Court may classify “speech.” Explain the distinctionbetween protected and unprotected speech, and name the various forms of expression that are notprotected under the First Amendment. Describe the test used by the Court to decide the circumstances under which freedom of expression may be qualified.5. State what the Supreme Court decided in Miranda v. Arizona, and explain why that caseillustrates how the Court operates in most such due-process cases.6. Analyze why the resolution of civil liberties issues involves politics as well as law. Discuss thepolitical factors that influence the Supreme Court when it decides fundamental civil liberties issues.. STUDY OUTLINEI. The politics of civil libertiesA. The objectives of the Framers1. Limited federal powers2. Constitution: a list of dos, not don’ts3. Bill of Rights: specific do notsa) Not intended to affect statesb) A limitation on popular ruleB. Civil Rights v. Civil Liberties1. Liberties: protections against the abuse of government power2. Rights: protections against discrimination3. Sometimes the distinction can be blurred.II. Rights in conflict: Bill of Rights contains competing rightsA. Sheppard case (free press versus fair trial)B. New York Times and Pentagon Papers (common defense versus free press)C. Kunz anti-Jewish speeches (free speech versus public order)D. Struggles over rights show same pattern as interest group politics.1. War is usually the crisis that has resulted in restrictions for some minorities.
a) Sedition Act of 1789, during French Revolutionb) Espionage and Sedition Acts of World War Ic) Smith Act