Вы находитесь на странице: 1из 23

Rights

Rights
- freedoms or privileges to which one
has a claim

Purpose?
- Prevent discrimination
- Limit government

People clash over rights in two


ways
1. Individuals rights conflict with each
other
Ex: Prayers in school

2. Individuals rights can conflict with


societys needs and the demands of
collective living
Ex: helmets, wiretaps

Freedom of religion
Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof
Basis: universal freedom of conscience
- the right of all individuals to believe
as they pleased

separation of Church and


state
1. Freedoms are in jeopardy.
2. Spiritual purity and sanctity of
religion would be ruined.
3. Society would be divided into
factions.

Separationists vs
Accommodationists
Separationists In this society, religions
abound, but they remain private, not
matters for public action or support.
Implications:
No prayers or reading of biblical verses
in public schools (even if children may
ask to be excused).
Prohibition of teaching of evolution in
public school is banned.

Separationists vs
Accommodationists
Accommodationists rigid interpretation of
the SOCAS amounts to intolerance of
religious rights or unjustified hostility to
religion.
Implications:
Governmental aid to religious groups,
prayer in school, posting of religious
documents in public places, creationism
along with evolution in public schools

When is the state justified in


regulating religion?
While people have an absolute right to
believe whatever they want, their
freedom to act is subject to government
regulation.
Religious freedom v social order
Police power - allows the state to protect
its citizens and to provide social order
and security

Case
Minersville School District v. Gobitis
Sherbert v. Verner
Employment Division, Dept. of
Human Resources v. Smith
(prohibition of socially harmful conduct + applied
equally)

Freedom of expression
(already posted)

Freedom of Assembly
right of the people to peaceably
assemble, and to petition the
government for a redress of grievances
Not just the expression of views, but the
very association is protected as a form
of political expression.
Implications:
NAACP cannot be required to make their
membership lists public.
Private groups cannot discriminate on the
basis of race or sex.

Freedom of the Press


Prior restraint restriction of the press
before its message is actually published
ex. top secret document about US
involvement in Vietnam
Libel written defamation of character
Burden: Prove actual malice (evil intent)
with knowledge that [what is printed] was
false or with reckless disregard for whether it
was false or not
Issue: Do public figures deserve private
lives?

Right to a Fair Trial


Media coverage of a crime can make
it very difficult to find an impartial
jury
speedy and public trial
Gag orders court imposition of prior
restraint on the press during
proceedings

Right to Bear Arms


National v Local militia (threat to military dictatorship)
Actors:
National Rifle Association
Handgun Control, Inc.
Coalition to Stop Gun Violence
Clash points:
Sporting activities involving guns
Self-defense
revolution

Handgun regulation
1. Background checks on potential
handgun purchasers
2. Barring semiautomatic assault
weapons
3. Five-day waiting period
4. No sale to felons and the mentally ill

Rights of Criminal
Defendants
presumption of innocence
due process of the law
- Notice + Hearing
- Hear the charges and evidence against them
- Have legal counsel
- Present any contradictory evidence in their
defense

Protection against unreasonable


searches and seizures
Search connotes a physical trespass
Seizure taking some tangible object
Probable cause warrant
Exceptions:
Cars or automobiles

Clash points:
Wiretapping, mandatory random testing for drug or alcohol
use

Exclusionary rule

Protection against self-incrimination


Miranda rights
1. Right to remain silent
2. Right to have a lawyer present
during questioning

Right to Counsel
Government obligation to provide
counsel
-poor defendants only in capital
cases
-poor defendants in all criminal
proceedings
-only one round of appeals

Protection against cruel and unusual


punishment
But what is cruel and what is
unusual?
Clash points:
- Capital Punishment

Right to Privacy
Privacy outlines the division between
the individual and the government.
compelling state interest
Anarchy-dictatorship spectrum

Reproductive rights
Does the right to privacy encompass the right
to abortion? (Roe v. Wade)
Trimesters
Examples of abortion limits:
- required consent of husband/parents
- outlawing clinic advertising
- imposing waiting periods
- limited federal funding for abortions
- appointment of antiabortion judges

Gay rights
Bowers v. Hardwick

Right to die
Do we have the right to have assistance
ending our lives when we are terminally
ill and in severe pain?