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Chapter 4

Intro to US Gov & Pol [COMPLETE NOTES] Chapter 4 -- I 4.0ed this course

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Political Science
PS 101
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PS 101-Chapter 4 Civil Liberties I. Textbook o Civil Liberties: Basic political freedoms that protect citizens from governmental abuses of power o Civil WarAmendments: The 13 , 14 , and 15 Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War. o Due process clause: Part of the 14 amendment that forbids states from denying “life, liberty, or property” tthany person without due process of law. (Anearly identical clause in the 5 Amendment applies only to the national government.) o Selective Incorporation: The process through which the civil liberties granted in the thll of Rights were applied to the states on a case-by-case basis through the 14 Amendment. o Clear and Present danger test: Established in Schenk v. United States, this test allows the government to restrict certain types of speech deemed dangerous. o Direct Incitement Test: Established in Brandenberg v. Ohio, this test protects threatening speech ender the 1 Amendment unless that speech aims to and is likely to cause imminent “lawless action.” o Symbolic speech: Nonverbal expression, such as the use of sings or symbols. It benefits from many of the same constitutional protections of verbal speech. o Hate speech: Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protects under the 1 st Amendment. o Prior restraint:Alimit on freedom of the press that allows the government to prohibit the media from publishing certain materials. o Gag order:An aspect of prior restraint that allows the government to prohibit the media from publishing anything related to an ongoing trial. o Fighting Words: Forms of expression that “by their very utterance” can incite violence. These can be regulated by the government but are often difficult to define. o Slander and Libel: Spoken false statements (slander) and written false statements (libel) that damage a person’s reputation. Both can be regulated by the government but are often difficult to distinguish from permissible speech. o Commercial Speech: Public expression with the aim of making a profit. It has received greater protection under the 1 Amendment in recent years but remains less protected than political speech. o Miller Test: Established in Miller v. California, the Supreme Court uses this three-part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government. o Establishment clause: Part of the 1 Amendment that states “Congress shall make no law respecting an establishment of religion,” which has been interpreted to mean that Congress cannot sponsor or favor any religion. o Free exercise clause: Part of the 1 Amendment that states Congress cannot prohibit or interfere with the practice of religion. o Lemon test: Established in Lemon v. Kurtzman, the Supreme Court uses this st test to determine whether a practice violates the 1 Amendment’s establishment clause. o Due Process Rights: The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person’s “life, liberty, or property, withouthduthprthess ofthaw.” Other specific due process rights are found in the 4 , 5 , 6 and 8 Amendments such as protection from self-incrimination and freedom from illegal searches. o Exclusionary rule: The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial. th o Miranda rights: The list of civil liberties described in the 5 Amendment that must be read to a suspect before anything the suspects says can be used in trial. o Double thopardy: Being tried twice for the same crime. The is prevented by the 5 Amendment. o Privacy Rights: Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens’lives from governmental th interference, such as the 4 Amendment’s protection against unreasonable searches and seizures. II. Lecture-Civil Liberties A. WhatAre They? 1. Basic political freedoms that protect citizens from governmental abuses of power 2. Things the government cannot do 3. In contrast, civil rights guarantee individuals freedom from discrimination B. Constitutional Foundations 1. The battles over ratification and the Bill of Rights 2. View that government itself is a threat to civil liberties and so what it cannot do must be spelled out C. Basic Protections 1. Amendment #1—Freedom of religion, speech, press, assembly 2. Amendment #2—Right to bear arms 3. Amendment #4-8—Rights of the accused 4. Amendment #9—Interpreted to include protections of personal freedoms D. What’s The Tension? 1. Most everyone agrees with civil liberties in the abstract, but how do you balance competing interests of liberty, security, order, etc.? 2. War on terror a good example of this tension a. Is government wiretapping a necessary precaution, or a violation of individual liberty? b. Should the Boston Marathon suspect be “Mirandized” or not? 3. Public Opinion on Civil Liberties E. Freedom of Religion 1. Protected by two clauses in the Bill of Rights 2. Establishment clause a. Prohibits establishing a national religion 3. Free exercise clause a. Government cannot prohibit or interfere with the practice of religion 4. Supreme Court’s general interpretation of these clauses? 5. Government cannot directly sponsor or subsidize a religion, but can give assistance that ind
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