[4] Civil Liberties.pdf

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University of Maryland
Government and Politics
GVPT 170
Patrick Wohlfarth

[4] Civil Liberties Monday,September 30,2013 10:00 AM Announcement: • cases: might help you to understand,but not test on.but you need to know the boundaries OVERVIEW distinguish civil liberty: civil liberty-protections from "intrusive,abusive"gov civil rights-protections thru gov"using to gov to ensure some sort of protection" //PPT Protections FROM Government -Speech,religion,search & seizures,criminal procedure,privacy,etc. Slow but steady INCORPORATION to states -First came the 1st Amendment,then criminal procedure,and then privacy 14th Amendment as the vehicle of incorporation -Due Process and Equal Protection Clauses Supreme Court as the catalyst (not Congress) No right is absolute E.g.,“free exercise”has evolved over time Civil Liberties Fundamental individual freedoms▯ Outlined & guaranteed in the Bill of Rights Pre-incorporation -Barron v.Baltimore (1833) [Bill of Rights do not apply to state governments] 14th Amendment //PPT -Due Process & Equal Protection Clauses: “No State shall…deprive any person of life,liberty,or property,without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” -Initially designed to protect (former) slaves: state should give everyone a fair chance (due process),should treat everybody equally ▯ Selective Incorporation 1-10 amendments: only to protect from federal government supreme court thinks there is implicit logic: from state to state should be same a piecemeal process occur. congress has nothing to do with this,only the supreme court & citizens taking there cases to the supreme court.Congress just passed the 14th Amendment. //PPT Absorbs Bill of Rights provisions -Protect from infringement by the states▯ Piecemeal incorporation: Provisions “implicit in the concept of ordered liberty” Supreme Court as the catalyst Incorporation the Bill of Rights into the 14th Amendment -you can see how bits and piece of amendment are incorporated▯ -the process is depended on cases brought to the supreme court Freedom of Speech Under what condition can gov to prevent me say / hold me liable Brandenburg v. Ohio (1969) -Speech and criminal syndicalism Ohio unlawful: thru you speech to incite political reform "which might turn into violence" "preventing protest" • “Imminent lawless action”Test •Does it incite others to engage in immediate unlawful action? •A danger is present only when it is likely to be carried out. •Still used today Flag burning Texas v.Johnson (1989) -Burning a flag is an expression of a political idea and thus constitutionally sanctioned -“…if there is a bedrock principle underlying the First Amendment,it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”-Justice William Brennan "The act cannot be prohibited,if it tries to incite violence it's a different story" What distinctions are made? What are the boundaries? 1) Content-based -Regulating subject matter or political speech -More Difficult to regulate -standard-often "strict scrutiny"
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