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CIVIL LIBERTIES

CIVIL LIBERTIES. Defining Terms. Civil Liberties (Amend 1) Basic Freedoms (e.g., speech and religion), Citizens Protections against actions of the government Civil Rights (Amend 5, 14, and by legislation) Positive Acts of Government Protections against discriminatory treatment

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CIVIL LIBERTIES

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  1. CIVIL LIBERTIES

  2. Defining Terms Civil Liberties (Amend 1) Basic Freedoms (e.g., speech and religion), Citizens Protections against actions of the government Civil Rights (Amend 5, 14, and by legislation) Positive Acts of Government Protections against discriminatory treatment The Principle of Limited Government Constitutional Guarantees Personal Freedoms

  3. Rights Are Relative Each persons rights are relative to the rights of other people You have a right to freedom of speech But you do not have a right to cause panic

  4. Which of the BOR are most important? • Amendment One • Establishment Clause • Free Exercise Clause • Speech • Press • Peaceable assembly • Petition for redress of grievances • Amendment Two • “the right of the people to keep and bear arms shall not be infringed.”

  5. FREEDOM OF RELLIGION First Amendment Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof….. Incorporated with the 14th – apply to states Two parts Establishment clause Free Exercise Clause

  6. CASES: Freedom of Religion • Engel v. Vitale (1962) • Abington School District v. Schempp (1963) • Lemon v. Kurtzman (1971) • Employment Division of Oregon v. Smith (1990) • Zelman v. Simmons – Harris (2002)

  7. FREEDOM OF SPEECH AND PRESS

  8. CASES: Freedom of Speech • Schenck v. US (1919) • Gitlow v. New York (1925)

  9. Tests Used to Determine if speech is protected • Bad tendency doctrine • Clear and present danger • Political Speech • Least Drastic Means • Prior Restraint

  10. CASES: Freedom of Speech • Tinker v. DesMoines (1969) • Texas v. Johnson (1989) • Buckley v. Valeo (1976) • Citizens United v. Federal Election Commission (2010)

  11. Symbolic Speech Non Oral Expression of thoughts USSC Cases Picketing - Upheld Draft Card Burning – Not protected No long hair in violation of policies

  12. CASES: Freedom of the Press • Near v. Minnesota (1931) • NY Times v. US (1971) • Hazelwood School District v. Kuhlmeier (1988)

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