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Civil Liberties. The Bill of Rights. Introduction. Civil liberties: negative restraints on government freedom v. order freedom of speech, press, religion Civil rights: what government must do rights guaranteed to individuals freedom v. equality. Civil liberties.

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PowerPoint Slideshow about 'Civil Liberties' - EllenMixel


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Civil liberties l.jpg

Civil Liberties

The Bill of Rights


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Introduction

  • Civil liberties: negative restraints on government

    • freedom v. order

    • freedom of speech, press, religion

  • Civil rights: what government must do

    • rights guaranteed to individuals

    • freedom v. equality


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Civil liberties

  • most people agree that liberties can be restrained

  • issue becomes who puts limits on our liberties and how many limits are acceptable

  • how much freedom are YOU willing to give up?


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Should government restrain...

  • a communist from teaching in college? in high school?

  • the distribution of a pamphlet to overthrow the government?

  • a KKK organization on campus?

  • Detention of “enemy combatants”?


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how about...

  • burning the American flag?

  • prayer in schools?

  • Random security searches at airports?

  • yelling “fire” in the theater during the opening day of Harry Potter?


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Case write-ups on those beliefs must be reconciled with social order

  • What issues involved in cases you researched?


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Influences on civil liberties and rights on those beliefs must be reconciled with social order

  • new social experiences or events (treason laws during times of war)

  • composition of the Supreme Court

  • change in public perspectives


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Why is the 14th amendment important? on those beliefs must be reconciled with social order

  • vehicle by which the Supreme Court has incorporated the Bill of Rights to state actions

  • incorporation has been by one phrase at a time

  • due process and equal protection clause


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Palko v. CT (1937) on those beliefs must be reconciled with social order

  • reinforced “selective incorporation”

  • Honor roll of rights: fundamental rights

  • today, most of the Bill of Rights applies to state actions


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First amendment rights on those beliefs must be reconciled with social order

  • Freedom of religion

  • Freedom of speech and of the press

  • Freedom of assembly


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Freedom of speech and of the press on those beliefs must be reconciled with social order

  • not absolute, but marketplace of ideas

  • advocacy of ideas must be linked to lawless action


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Types of restrictions on those beliefs must be reconciled with social order

  • inciteful speech

  • slander and libel

  • obscenity

  • prior restraint


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Inciteful speech on those beliefs must be reconciled with social order

  • Sandcastle: bad tendency to “clear and present danger” to direct incitement


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Slander and libel on those beliefs must be reconciled with social order

  • slander: untrue spoken statement that defames a person’s character

  • libel: (written)

  • requires proof of actual malice for public figure


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Obscenity on those beliefs must be reconciled with social order

  • work lacks any serious literary, artistic, political or scientific value

  • “reasonable person”/local standards


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Prior Restraint on those beliefs must be reconciled with social order

  • censorship: prohibiting something from being published


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Freedom of religion on those beliefs must be reconciled with social order

  • “wall of separation” between church and state

  • at the core of our personal being


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The establishment clause prohibits on those beliefs must be reconciled with social order

  • government sponsorship of religion

  • government financial support of religion

  • government’s active involvement in religious activity


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Lemon v. Kurtzman (1971) on those beliefs must be reconciled with social order

  • 1. secular purpose?

  • 2. neither inhibits nor advances religion?

  • 3. Avoids excessive entanglement in religion?


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Free exercise clause on those beliefs must be reconciled with social order

  • ability to practice religion freely

  • freedom v. order tensions


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Due process and criminal justice on those beliefs must be reconciled with social order

  • 4th, 5th, 6th and 8th amendments


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Fourth amendment on those beliefs must be reconciled with social order

  • unreasonable searches and seizures

  • without a warrant, police can search

    • person arrested

    • things in plain view of the accused

    • places/things in the person’s immediate control

  • anything if given permission


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Mapp v. Ohio (1961) on those beliefs must be reconciled with social order

  • exclusionary rule applied to states

  • prohibits use of improperly seized evidence at a trial


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Fifth amendment on those beliefs must be reconciled with social order

  • protection from self-incrimination

  • Miranda v. Arizona (1966)

    • Miranda rights


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Sixth amendment on those beliefs must be reconciled with social order

  • right to counsel

  • Gideon v. Wainwright (1963)

  • applied 6th amendment to state felony cases


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Eighth amendment on those beliefs must be reconciled with social order

  • cruel and unusual punishment

  • death penalty

  • Sandcastle: DNA tests; racial or income levels


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Food for thought... on those beliefs must be reconciled with social order

  • should we be concerned about the uneven use of the death penalty among states?


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