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PLS100 lecture 5

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Political Science
PLS 100
All Professors

Chapter 5: Civil Liberties Civil Liberties *Reining in majorities *Bill of Rights checks majority rule *Limit conformity costs on those who differ from majority Bill of Rights *Barron v. Baltimore -Bill of Rights only applied to federal government *Incorporation via 14th Amendment *Due Process *Equal Protection Clause Incorporation *Through judicial interpretation *Judges ideological preferences *Trends in civil liberties reflect changing composition of court Freedom of Speech *Court must determine boundaries *Free expression and national security -“Clear and present danger” test -“Clear and probable danger” test *Obscenity -Problem defining it and drafting objective standards Freedom of the Press *Press allows officeholders to: -Be monitored by public -Communicate with constituents *Conflict of press vs. government *Conflict of press vs. individual rights -Right to fair trial -1st amendment doesn’t protect libel and slander Freedom of Religion *”Wall of Separation”? between church and state *2 clauses -Establishment and free exercise *Establishment clause: Lemon Test and “neutrality” -> secular purpose, no excessive government entanglement with religion *Ongoing debates: school prayer and Bible reading Criminal Rights *Remove criminal process from politics *Provide barriers to ar
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