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Chapter 4 Civil Liberties and Public Policy

Chapter 4 Civil Liberties and Public Policy. Civil Liberties. What are civil liberties? Individual legal and constitution protections from the federal government Bill of Rights—these protections are stated in the Bill of Rights ( the first ten amendments) and subsequent amendments.

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Chapter 4 Civil Liberties and Public Policy

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  1. Chapter 4Civil Liberties and Public Policy

  2. Civil Liberties • What are civil liberties? Individual legal and constitution protections from the federal government • Bill of Rights—these protections are stated in the Bill of Rights ( the first ten amendments) and subsequent amendments.

  3. The Bill of Rights • Barron v. Baltimore (1833) 5th amendment re: property rights. • Gitlow v. New York (1925) 14th amendment connects states to 1st amendment. • Incorporation doctrine--

  4. First AmendmentFreedom of Religion • Wall of separation • No preference • Child benefit (Lemon v, Kurtzman, 1971) • Free exercise?

  5. First AmendmentFreedom of Expression • Free speech or limited speech? (Schenck v. United States, 1919) • Prior restraint • The press • Obscenity • Libel and slander • Symbolic speech • Commercial speech • Radio and television • Assembly

  6. Search and seizure Probable cause Search warrant Exclusionary rule (Mapp v. Ohio, 1961) Self-Incrimination (Marinda v. Arizona, 1966) Right to counsel (6th Amendment and Gideon v Wainwright) Trial by jury Cruel and Unusual Punishment Defendants’ Rights

  7. Fifth Amendment • Additional Rights • Indictments by grand jury • Self-incrimination • Double jeopardy • Due process • Private property

  8. Death Penalty: Cruel and Unusual Punishment? • Eighth Amendment Prohibits cruel and unusual punishment. • Gregg v Georgia Is the death penalty cruel and unusual? • McClesky v Kemp Does the death penalty violate the equal protection of the law under the 14th Amendment?

  9. The Right to Privacy • Is there a right to privacy? • Pro-choice or Pro-life? • Life and Death • Surrogate motherhood • Artificial insemination • In vitro fertilization • Euthanasia

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