Civil Liberties Group Presentations Questions Directions: o Create a - - PDF document

Civil Liberties Group Presentations Questions Directions:

• Create a PowerPoint presentation or some other visual aid answering the

questions related to your assigned topic.

• Many of these questions will not be found in a single source therefore combining

information from multiple sources (textbook, web, etc.) will be necessary.

• Incorporate/synthesize the content. In other words, do not make one slide

with all the definitions, another with all applicable court cases, then address each question as a stand alone concept. Integrate terms, court cases, and questions together to demonstrate knowledge of the subject

• matter. This requires the group to work together instead of each member

being assigned to a specific area.

• Include a guided notes template that corresponds with the group presentation.
• Define all terminology and significant court cases

Rubric

• Addressing the content and overall presentation 30 points
• Visual aid, guided notes and group participation 20 points

Presentations will begin on Monday, March 16 Freedom of Religion

 Provide a brief background of this basic freedom.  Applicable Amendment(s), terminology, and Supreme Court cases (see related documents).  Provide legal and illegal examples Establishment and Free Exercise Clauses.  What is the Lemon Test? How and why is it used?  To what extent does use of the word God in public institution violate the

separation of church and state?

 Can states directly support parochial schools with public funds?  Can states legislate nondenominational prayer, and equal access to its facilities to

religious groups?

 Can clergy recite a blessing at graduation ceremonies?  Are religious seasonal displays at public areas allowable?  Freedom of Religion Court Cases:

• Reynolds v. U.S., 1878
• Engel v. Vitale, 1962
• Lemon v. Kurtzman, 1971
• Oregon v. Smith, 1990

Freedom of Speech and Press

 Provide a brief background of these basic freedoms.  Applicable Amendment(s), terminology, and Supreme Court cases (see related documents).  What provisions or limits exist regarding freedom of speech (see terms below):

• Tie these terms to the corresponding questions below this bullet point:
• Clear and present danger test
• Desecration of the flag
• Hate speech
• Libel and slander
• Obscenity
• Political speech
• Protest
• Sedition

 Can the government limit free speech and press during times of war or other

national emergencies?

 To what extent can organized hate groups such as the Ku Klux Klan and Nazis

advocate their view publicly?

 Differentiate between pure and symbolic speech. What kinds of actions are

considered symbolic speech?

 When does speech and expression become obscene?  How is libel and slander proven in the courts?  To what extent can the government use prior restraint to regulate media

information/content?

 Freedom of Speech and Press Court Cases:

• Schenck v. U.S., 1919
• Gitlow v. New York, 1925
• Near v. Minnesota, 1931
• Tinker v. Des Moines Independent Community School District, 1969
• Brandenburg v. Ohio, 1969
• New York Times v. U.S., 1971
• Texas v. Johnson, 1989

Freedom of Assembly

 Provide a brief background of this basic freedom.  Applicable Amendment(s), terminology, and Supreme Court cases (see related documents).  What freedoms or limits have been established regarding the right to assemble or associate?

• Provide specific examples of legal and illegal assemblies.

 What constitutes equitable time, manner, and place restrictions on groups?  To what extent can demonstrations take place on public and private property?  If a group advocates violence, can the government restrict the right of association

and petition?

Rights of the Accused and Right to Privacy

 What specific constitutional protections are afforded to those accused of crimes?  Applicable Amendment(s), terminology, and Supreme Court cases (see related documents).  To what extent can police conduct a search without a warrant and obtain evidence

found to prosecute an individual?

 What methods can law officials use to obtain evidence?  How does the exclusionary rule “complicate” the actions of law enforcement?  How has the right to privacy, which is not explicitly mentioned in the

Constitution, expanded to social issues such as abortion?

 Right to Privacy Court Cases:

• Griswold v. Connecticut, 1965
• Roe v. Wade, 1973
• Planned Parenthood v. Casey, 1992

 Rights of the Accused and Due Process Court Cases:

• Mapp v. Ohio, 1961
• Terry v. Ohio, 1968
• Gregg v. Georgia, 1976
• New Jersey v. TLO, 1985

Right of Procedural Due Process and Equal Protection Under the Law

 Specify the due process rights listed in the Constitution.  What does term “equal protection rights” entail?  Applicable Amendment(s), terminology, and Supreme Court cases (see related documents).  How does selective incorporation relate to equal protection under the law?  Can due process rights be suspended during times of national emergencies?  Does a lawyer have to be assigned to a defendant who cannot afford one? If so,

under what circumstances?

 At what point does an accused person have the right to consult a lawyer?  To what extent do the police have to advise the accused of their rights?  How have Supreme Court cases regarding this topic become ingrained in pop

culture today (ex. Miranda)?

 Provide examples of groups of Americans who have had their due process rights

infringed upon. Mention how the government originally curtailed these individuals’ liberties and how subsequent Supreme Court decisions/government laws remedied the situation.

 Equal Protection of the Laws – Minorities Court Cases:

• Plessy v. Ferguson, 1896
• Korematsu v. U.S., 1944
• Brown v. Board of Education of Topeka, Kansas, 1954
• Swann v. Charlotte-Mecklenburg County Board of Education, 1971
• Regents of the University of California v. Bakke, 1978
• Lawrence v. Texas, 2003

 Rights of the Accused and Due Process Court Cases:

• Gideon v. Wainright, 1963
• Miranda v. Arizona, 1966

Significant Supreme Court Cases Directions: Be able to identify and explain the significance of the following Supreme Court decisions. Know the central issue of the case, the decision, applicable Amendments and “clauses,” and the Court’s reasoning for its decision. The important task is to understand the cases and their ramifications. The Selected Supreme Court Cases section (p. 741-746) in your text will help. Use any website you see fit. A few helpful sites include: http://www.oyez.org/ http://www.landmarkcases.org/ Judicial Power Marbury v. Madison, 1803 Baker v. Carr, 1962 (Reynolds v. Sims, 1964 and Wesberry v. Sanders, 1964) Federalism and Separation of Powers McCulloch v. Maryland, 1819 Gibbons v. Ogden, 1824 Dred Scott v. Sandford, 1857 Youngstown Sheet and Tube Company

• v. Sawyer, 1952

U.S. v. Nixon, 1974 Bush v. Gore, 2000 Freedom of Religion Reynolds v. U.S., 1878 Engel v. Vitale, 1962 Lemon v. Kurtzman, 1971 Oregon v. Smith, 1990 Equal Protection of the Laws – Minorities Plessy v. Ferguson, 1896 Korematsu v. U.S., 1944 Brown v. Board of Education of Topeka, Kansas, 1954 Swann v. Charlotte-Mecklenburg County Board of Education, 1971 Regents of the University of California

• v. Bakke, 1978

Lawrence v. Texas, 2003 Right to Privacy Griswold v. Connecticut, 1965 Roe v. Wade, 1973 Planned Parenthood v. Casey, 1992 Rights of the Accused and Due Process Mapp v. Ohio, 1961 (RA) Gideon v. Wainright, 1963 (DP) Miranda v. Arizona, 1966 (DP) Terry v. Ohio, 1968 (RA) Gregg v. Georgia, 1976 (RA) New Jersey v. TLO, 1985 (RA) Freedom of Speech and Press Schenck v. U.S., 1919 Gitlow v. New York, 1925 Near v. Minnesota, 1931 Tinker v. Des Moines Independent Community School District, 1969 Brandenburg v. Ohio, 1969 New York Times v. U.S., 1971 Texas v. Johnson, 1989 Directions: Be able to apply the following terminology and how each relates to the Constitution and various Supreme Court decisions Inclusive

• Civil liberties
• Civil rights
• Fourteenth Amendment
• Fundamental freedoms
• Incorporation doctrine (Selective

incorporation)

• Right to privacy

Equal Protection / Due Process

• Affirmative action
• Civil Rights Act of 1964
• De facto segregation

(discrimination)

• De jure segregation

(discrimination)

• Due process clause
• Due process rights
• Eminent domain
• Equal protection clause
• Gerrymandered districts
• Grandfather clauses
• Jim Crow laws
• Literacy tests
• Poll tax
• Substantive due process
• Voting Rights Act of 1965

Religion

• Establishment clause
• Free exercise clause
• Lemon test
• Wall of separation

Rights of the Accused

• Exclusionary rule

Speech & Press

• Clear and present danger test
• Direct incitement test
• Fighting words
• Libel
• Prior restraint/review
• Pure speech
• Slander
• Symbolic speech

Directions: Review the following Constitutional Amendments and know how each Amendment pertains to civil rights and liberties. Know both the literal and the implied applications (clauses, rules, doctrines, etc.) of each Amendment by various Supreme Court case rulings. Bill of Rights (in general principle): First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Fourteenth