08MoreCivilLibs_bw_

08MoreCivilLibs_bw_ - American Government Lecture 8 - Civil...

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American Government Lecture 8 - Civil Liberties Amendments I - X
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Freedom Press Libel and Slander Libel A written statement made in reckless disregard of the truth and that is damaging to the victim because it is malicious, scandalous and defamatory Slander A spoken statement… Conditions Public figures have higher bar than private citizens NY Times v. Sullivan (1964) Time Inc. v. Firestone (1976) Hustler Magazine v. Falwell (1988)
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IV. Freedom of Assembly Almost unrestricted on public property Public property must provide access, but can regulate via: Time Place Manner Brown v. Louisiana (1966) Adderly v. Florida (1966) Ward v. Rock Against Racism (1989) Private property may be protected, so long as other avenues to demonstrate are available
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Second Amendment “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bare arms, shall not be infringed” Perhaps the most misunderstood amendment 1787 - 2008, never used to strike down gun laws Protects public militias, like the National Guard Has been used to outlaw private militias National Rifle Association reinterprets and publicizes Wins popular support District of Columbia v. Heller (2008) Reverses 222 years of Constitutional interpretation Declares a “personal right to arms” for self-defense
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Third Amendment “No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in a time of war, but in a manner to be prescribed by law” Almost never comes up directly Used in 1960’s on to defend right of privacy Also implies that during time of war, that right is able to be infringed upon by law
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Fourth Amendment “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated , and no Warrants shall issue, but upon probable cause , supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What happens if that right is violated? What is an unreasonable search? What is probable cause? What if the place, persons or things is wrong?
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Unreasonable Search Rochin v. California (1952) Police break into Rochin’s apartment Witness him swallow pills, “seize” them Use pills as evidence to convict Court overturns citing “violations that shock the conscience” Mapp v. Ohio (1961) Police break into Mapp’s apartment Fake having a warrant Find bookmaking materials and convict Court overturns, creating Exclusionary Rule Evidence obtained illegally can not be used in court
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Reasonable Searches Terry v. Ohio (1968) Officer sees 3 men acting suspicious Pats them down, finds 2 guns Court allows, despite no probable cause
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This note was uploaded on 02/20/2012 for the course 790 104 taught by Professor Staff during the Winter '08 term at Rutgers.

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08MoreCivilLibs_bw_ - American Government Lecture 8 - Civil...

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