LEB 323 Midterm: Protecting Basic Rights

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Document Summary

Bill of rights applies only to the federal government (not state or local governments: however, scotus has used 14th amendment to apply everything of bill rights to state and local gov. (due process clause) Protective provisions (freedom of speech, religion) are limitations on government, not individuals or business firms: private employer can restrict free speech, private university can ban a political rally. Privileges and immunities: article iv, sec. 2: citizens of each state shall be entitled to all privileges and immunities of the several states: prohibit states from discriminating against other state residents, in some exceptions, states can discriminate such as, higher tuition for out-of-state students. Freedom of religion: 1st amendment contains two clauses protecting this freedom, 1. Freedom of speech: protected by 1st amendment, all scopes of communication are within the scope, oral, written, tape/film/games so on, donating to any cause is also seen as a form of protected expression .