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AP US Government Politics Review Part VI

Civil liberties and civil rights (5-15%). The development of civil liberties and civil rights by judicial interpretationKnowledge of substantive rights and liberties. I. The Politics of Civil Liberties. A. The objectives of the Framers1. Limited federal powers2. Constitution w

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AP US Government Politics Review Part VI

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    1. AP US Government & Politics Review Part VI

    2. Civil liberties and civil rights (5-15%) The development of civil liberties and civil rights by judicial interpretation Knowledge of substantive rights and liberties

    3. I. The Politics of Civil Liberties A. The objectives of the Framers          1. Limited federal powers          2. Constitution was a list of dos, not don'ts          3. Bill of Rights: specific do nots             a. Not intended to affect states—until 14th Amendment interpreted to mean they did, starting in 20th Century             b. A limitation on popular rule

    4. II. Politics, culture, and civil liberties A. Liberties become a major issue for three reasons B. Rights in conflict: Bill of Rights contains competing rights          1. Sheppard case (free press versus fair trial)          2. New York Times and Pentagon Papers (common defense versus free press)          3. Kunz anti-Jewish speeches (free speech versus public order) C. Policy entrepreneurs most successful during crises, especially war, by arousing people          1. Sedition Act of 1789, during French Revolution          2. Espionage and Sedition Acts of World War I          3. Smith Act of World War II          4. Internal Security Act of 1950, Korean War          5. Communist Control Act of 1954, McCarthy era

    5. D. Cultural conflicts          1. Original settlement by white European Protestants produced Americanism          2. Waves of immigration brought new cultures, conflicts             a. Non-Christians offended by government-sponsored creches at Christmas             b. English speakers prefer monolingual schools          3. Differences even within cultural traditions

    6. III.   Interpreting and applying the First Amendment A. Speech and national security          1. By 1917-1919, Cong. defined limits of expression             a. Treason, insurrection, forcible resistance             b. Upheld in Schenck: "clear and present danger"          2. 14th Amdmt "due process" not applied to states originally          3. Supreme Court moves toward more free expression after WWI             a. But communists convicted under Smith Act under "gravity of evil"             b. By 1957, test of "calculated to incite"             c. By 1969 (Brandenburg), "imminent" unlawful act             d. 1977 American Nazi march in Skokie, Illinois, held lawful             e. "Hate" speech permissible but not "hate crime"

    7. B. What is speech?          1. 4 kinds of speech not fully protected          2. Libel: written statement defaming another by false statement; public figures must prove malice (NY Times v. Sullivan, 1964)          3. Obscenity             a. 1973 definition: patently offensive by community standards of average person; LAPS test; depicts sexual activity in patently offensive manner (Miller v. California)            b. Zoning ordinances upheld             c. Regulation of Internet: CDA held unconstitutional because it restricted adult access to indecent material in the course of attempting to restrict the access of minors (Reno v. ACLU)

    8. 4. Symbolic speech             a. Acts that convey a political message: flag burning, draft card burning             b. Not generally protected if they would be otherwise illegal             c. Exception is flag burning: restriction of symbolic free speech protected (Texas v. Johnson)

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