Chapter 4: Civil Liberties

A More Perfect Union 1/e

Civil Liberties

• Civil Liberties in the American Legal

System

– The Freedoms Protected in the American

System

– The Historical Basis for American Civil

Liberties: The Bill of Rights

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Civil Liberties

• Civil Liberties in the American Legal

System

– Incorporation of the Bill of Rights to Apply to

the States

• Barron v. Baltimore (1833)

• Fourteenth Amendment

• Selective incorporation versus total incorporation

• Palko v. Connecticut (1937)

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(continued)

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Civil Liberties

• First Amendment Freedoms: Speech,

Assembly, and Press

– The First Amendment and Political Instability

• The Tension Between Freedom and Order

• The Historical Context for Free-Speech Laws

• The Standard Today: The Imminent Lawless

Action Test

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Civil Liberties

• First Amendment Freedoms: Speech,

Assembly, and Press

– Freedom of Speech

• Pure Speech versus Symbolic Speech

• Not all Speech is Created Equal: Unprotected

Speech

– Freedom of Assembly

– Freedom of the Press

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(continued)

Civil Liberties

• Freedoms of Religion, Privacy, and

Criminal Due Process

– The First Amendment and the Freedom of

Religion

• The Establishment Clause

• The Free-Exercise Clause

– The Right to Privacy

• The Emergent Right to Privacy

• The Right to Privacy Applied to Other Activities

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Civil Liberties

• The Fourth, Fifth, Sixth, and Eighth

Amendments: Ensuring Criminal Due

Process

– The Fourth Amendment and the Protection

Against Unreasonable Searches and Seizures

– The Fifth and Sixth Amendments: the Right to

a Fair Trial and the Right to Counsel

– The Eighth Amendment: Protection Against

Cruel and Unusual Punishment

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Civil Liberties

• The Second Amendment and the Right to

Bear Arms

– Competing Interpretations of the Second

Amendment

• Individual Right

• Group Right

– Citizens Engaged: Fighting for a Safer Nation

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Civil Liberties

• Civil Liberties in Post-9/11 America

– Perceived Intrusions on Free Speech and

Assembly

• Domestic Surveillance Program

– Perceived Intrusions on Criminal Due Process

• USA PATRIOT Act

• Foreign Intelligence Surveillance Act (FISA)

– Perceived Discrimination Against Muslim

Americans

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