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Civil Liberties . Katie Blevins Integrating Fall 2012 Katie.blevins@smail.astate.edu. Baron v. Baltimore . Challenges the right to Property John Baron Warf Owner- sued the state because they drained sewage into his Warf. Baron Lost the Case
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Civil Liberties Katie Blevins Integrating Fall 2012 Katie.blevins@smail.astate.edu
Baron v. Baltimore • Challenges the right to Property • John Baron Warf Owner- sued the state because they drained sewage into his Warf. • Baron Lost the Case • The Bill of Rights does not protect against the states. • The 14th amendment incorporated the states.
Freedom of Religion • Congress should make no law either advancing or inhibiting the Freedom of Religion or the exercise there of. • Reynold’s v. U.S.- 1878 • Department of Health and Human Services of Oregon, et al v. Alfred L. Smith
Establishment Clause • The government cannot federally back a church. • Aid to parochial schools • Lemon v. Kurzmon • Lead to the Lemon Test • School Prayer • Engel v. Vatale • Religious displays on public property
Freedom of Speech • Sedition • Dennis v. U.S. • Brandenburg v. Ohio
Freedom of Assembly • Chicago v. Morales
Freedom of the PressNo Prior Restraint • Until the New York Times printed the Pentagon Papers • The papers were a threat to national security • They were shut down under the cause for national security. • Obscenity • Roth v. U.S. • Hicklin Test • Miller v. California • Overturned Roth
Fourth Amendment Terry v. Ohio Mapp v. Ohio DorleeMapp was suspected of harboring a bombing fugitive. The cops kept looking until they found something illegal that had nothing to do with the original search warrant. • Established the “Terry Search”
Fifth Amendment • Miranda v. Arizona • Miranda Rights • Double Jeopardy- is being tried twice for the same crime • Palko v. Connecticut `
Sixth Amendment • Gideon v. Wainright • Gideon broke in to a pool hall • He could not afford an attorney to defend himself • Thus leading to legal counsel being provided for the poor
Eighth Amendment • Atkins v. Virginia • Atkins killed someone and was sentenced to death • Furmen v. Georgia • States that executing the mentally retarded is considered cruel and unusual punishment • Katz v. U.S. • Electronic and survalince case • Giswald v. Connecticut • deals with family planning
Civil Rights • 13th Amendment • Abolishes Slavery • 14th Amendment • Equal Protection Clause • 15th Amendment • Gives Newly Freed Slaves the right to Votes • 19th Amendment • Gives women the right to vote
Civil Rights Cases • Scott v. Sanford • Scott moved his slave above the Mason-Dixion line • Sanford sued for his freedom because he was in a free state • Slaves are property they cannot win court cases • Plessy v. Fergison • Established separate but equal
You are Protected Against: • Exofacto law • Latin for “after the fact” • Meaning you cannot go to jail for something you did in the past which was legal at the time that is now illegal • Treason • has to be committed against country • 2 eyewitnesses to prove treason • “No Corruption of blood” • The family would be sentenced with espionage
You are Protected Against: • Political Dissent- Writ of Habeas Corpus “ The Great Writ” • It was suspended during World War II • A Bill of Attainder • Where Congress outlawed a certain group of people • U.S. v. Lovett • Lovett Governor of the U.S. Virgin Islands was thought to be a communist by the state department.
Resources • All notes come from the lectures of Tony Horton • The lectures were given in November 8th and 15th 2012 • The notes were recorded by Katie Blevins