Unit 6
Civil Liberties and Rights
Background
Distinction
Sources of Protection
Nature
People Granted
Impact of Federalism
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Bill of Rights
Incorporation of 14th Amendment++
9th Amendment
Cases?
Freedom of Religion
Gitlow v NY
Establishment clause
• Accomodationist view
• Separationist view
Lemon v. Kurtzman: Lemon Test
• Nonsecular Purpose
• Advances or inhibits religion
• Excessive entanglement w/ Gov
Key Rulings
Free Religion Continued
Free Exercise clause
Article 6 of Constitution bans
religious qualification to hold office
Freedom of Speech
Tests:
• Bad Tendency
• Clear and Present Danger
• Preferred position
• Overbreadth
• Vagueness
• Prior Restraint
• Least Dramatic Test
• Fighting Words
• Centrality of Political Speech
• Symbolic Speech
• Sedition
Freedom of the Press
14th Amendment
Areas of Controversy
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Right of Access
Executive Privilege
Gag Orders
Shield Laws
Defamation
Obscenity
Student Press
Regulation
Freedom of Assembly and Petition
Freedom of Petition
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Right to ask for government action
Justification for Lobbying
Political v. Personal associations
Hatch Act
Assembly
• Government may regulate place and manner
• Heckler’s veto
• Public not private
Struggle for Equal Rights
Women
Blacks
Hispanics
Asians
Native Americans
Whites?
Arab?
Equal Protection Under the Law
Discrimination
Test use to determine discrimination
• Rational Basis
• Suspect Classification
• Quasi-Suspect Classification
• Fundamental Rights Test
Barriers to Voting
15th Amendment
Literacy Test: Banned by VRA 1965
Poll tax: Banned by 24th Amendment
Grandfather Clause: Declared unconstit.
Voting Rights Act 1965
• Private Discrimination
• Public Response
Civil Rights Act 1964
Civil Rights Act 1968
Citizenship
Methods of acquisition
• Birth
• Jus Soli: right of birth
• Jus sanguinis: right of blood
• Naturalization
Losing
• Expatriation
• Denaturalization
Aliens
Life, Liberty, Property
Property Rights v Public Welfare
• Eminent domain
Due Process
• Procedural
• Substantive
• Classifications
Arrests, Questioning, and
Imprisonment
Arrests
Searches
Protection against self-incrimination
Police questioning
Habeas Corpus
Ex Post Facto
Bill of Attainder
Rights of the Accused
Counsel
Excessive Bail
Speedy and Public Trial
Grand Jury Indictment
Trial by Jury
Witnesses
Cruel and unusual punishment
Double Jeopardy