Civil liberties

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Unalienabl e Rights Freedom of Religion Freedom of Speech & Press CIVIL LIBERTIES: FIRST AMENDMENT FREEDOMS

Transcript of Civil liberties

Page 1: Civil liberties

Unalienable Rights

Freedom of Religion

Freedom of Speech & Press

CIVIL LIBERTIES:

FIRST AMENDMENT

FREEDOMS

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Civil Liberties

Civil Rights

CIVIL LIBERTIES & CIVIL RIGHTS

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LIMITS ON RIGHTS

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Bill of Rights restricts the Federal gov’t14 th Amendment’s “due process clause” makes it

apply to states

FEDERALISM & THE 14TH AMENDMENT

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Establishment Clause

Free Exercise Clause

FREEDOM OF RELIGION

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How high is this “wall of separation”?

SEPARATION OF CHURCH & STATE

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Public schools cannot sponsor religious exercises

Public posting of 10 Commandments“moment of silence”Prayer as part of public school graduationStudent-led prayer at football game

RELIGION & EDUCATION

U N C O N S T I T U T I O N A L

-- Student-led religious groups can meet in the same terms as other student organizations

-- Religious schools can get aid, as long as the money does not go to religious activities

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“freedom for the thought that we hate,” – Oliver Wendell Holmes

LimitsLibel

Slander

Seditious speech

FREE SPEECH & PRESS

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FLAG BURNING

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Due Process

Freedom & Security of the Person

Rights of the Accussed

Punishment

CIVIL LIBERTIES:

PROTECTING INDIVIDUAL

RIGHTS

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DUE PROCESS

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State can protect and promote public health, safety, morals, and general welfare.

What does this look like?

POLICE POWER

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Do you have a right to privacy?

“right to be free, except in very limited circumstances, from unwanted governmental intrusions into one’s privacy.”

Stanley v. Georgia (1969)

14 th AmendmentRoe v. Wade: privacy “encompasses a woman’s

decision whether or not to terminate her pregnancy.”

Why is privacy important today?

PRIVACY

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4TH AMENDMENT

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“in plain view”

“informational roadblocks”

When making a lawful arrest

“movable scene of a crime”

NO WARRANT NEEDED

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Evidence gathered illegally cannot be usedExceptions“inevitable discovery”

“good faith”

“honest mistake”

EXCLUSIONARY RULE

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A violation of the 4 th Amendment?

https : / /www.youtube .com/watch?v=NW9iwS3rTvo

DRUG TESTING

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writ of habeas corpusbill of attainderEx post facto lawsGrand juryDouble jeopardySpeedy and public trialsTrial by juryRight to an adequate defenseSelf-incrimination

RIGHTS OF THE ACCUSED