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CIVIL LIBERTIES Unit 5

CIVIL LIBERTIES Unit 5. Bill of Rights Chapter 19. Civil Rights: 14 th amendment Only for government recognized groups. Positive Acts of Gov ’ t to even the playing field. Gender, Sexuality, Race, National Origin, Age, Disability, Educational Level, Economic Status.

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CIVIL LIBERTIES Unit 5

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  1. CIVIL LIBERTIESUnit 5 Bill of Rights Chapter 19

  2. Civil Rights: 14th amendment Only for government recognized groups. Positive Acts of Gov’t to even the playing field. Gender, Sexuality, Race, National Origin, Age, Disability, Educational Level, Economic Status Civil Liberties: Bill of Rights Applies to all U.S. Citizens Delegated, expressed, limits on the federal government Denied Powers of Gov’t Enumerated Powers of Gov’t Civil Rights vs. Civil Liberties

  3. Civil Rights vs. Civil Liberties

  4. Limited Government • 1789: Constitutional Convention: • Alexander Hamilton, James Madison and the Federalists • Thomas Jefferson, Benjamin Franklin, Anti-Federalists • Compromise with the Bill of Rights to Limit the power of the federal government.

  5. Rights are Relative not Absolute • Right to do: unless infringement upon others right to life, liberty, and property • 14th amendment: • Right to abortion • Right to Free Attorney at taxpayer expense • Right to be read rights regardless of confession • Right to be free from religion in the public • Right to tax intrastate commerce • Right to etc…

  6. 5th amendment due process of law: Life Liberty Property Denies federal and state government interference 14th amendment due process of law: No state shall U.S. Citizenship Process of Incorporation? Federalism vs. Individual Rights

  7. 5th Amendment vs. 14th Amendment

  8. Process of Incorporation • Gitlow v. New York (1925) • Communist/Socialist Party of America • Convicted in State Court: New York; treason and in violation of1902 Criminal Anarchy Law • Federal Espionage & Sedition Act of 1917/18.

  9. Communism = Death

  10. 2. Engle v. Vitale (1962) School Prayer and recitation of Regent’s Prayer banned 3. Abington School Dist vs. Schempp (1963) banned Lord’s Prayer Anti-Incorporation Rulings: Stone v. Graham (1980) post the 10 commandments Wallace v. Jaffree (1985) Moment of Silence Santa Fe School vs. Doe (2000) prayer at football games Process of Incorporation

  11. 1787-1962 Prayer in school?

  12. Religious Compromises • Equal Access Act of 1984: If any group has access to school facilities than all groups have access. • The Lemon Test: Lemon v. Kurtzman (1971) 1. purpose must be secular 2. not to enhance nor inhibit religion 3. avoid excessive entanglement • Epperson v. Arkansas (1968) State cannot ban evolution • Edwards v. Aguillard (1987) if evolution is taught creationism must be offered as a theory as well • Zorach v. Clauson (1952) students allowed to leave school for religious purposes

  13. Evolution in schools?

  14. Process of Incorporation • Lynch v. Donnelly 1984‘baby Jesus is allowed on public property as long as Santa and Rudolph are included’ • Allegheny v. ACLU 1989 baby Jesus is illegal on public property

  15. Lemon v. Kurtzman 1971 • 3 part Lemon Test: • May not inhibit nor prohibit religion • May not excessively entangle with religion • Aid, must be secular

  16. 14th Amendment Cases Prince v. Mass (1944) Religion not an excuse to avoid draft Oregon v. Smith (1990) no peyote and state drug laws Bill of Rights Cases Watchtower v. Stratton (2002) no license to solicit Wisconsin v Yoder (1972) 8th grade education max West Virginia v Barnette (1943) no mandatory flag-salute Incorporation of Free Exercise

  17. No Mandatory Pledge & Right to Solicit

  18. 14th amendment Obscenity: Prior Restraint: Pentagon Papers; New York Times v. U.S. 1971 Hazelwood v. Kuhlmeier 1988 student speech Bill of Rights Limitations Libel: Slander: Sedition: Schenck v. U.S. 1919 Smith Act 1940 Dennis v U.S. 1951 Incorporation of Speech

  19. Obscenity & Culture Norms

  20. 14th amendment FCC regulations Shield Laws: Picketing: U.S. v. O’Brien 1968 Cannot burn draft card Bill of Rights Texas v. Johnson 1989 can burn flag Virginia v. Black 2003: can burn a cross Tinker v Des Moines: can wear symbolic language Incorporation of Speech

  21. Free Speech & Flag/Cross Burning

  22. Freedom to assemble and petition: Are there limits and when may they apply? • 1. • 2. • 3.

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