GSU POLS 1101 - Lecture 4- Civil Liberties (21 pages)

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Lecture 4- Civil Liberties



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Lecture 4- Civil Liberties

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Pages:
21
School:
Georgia State University
Course:
Pols 1101 - American Government
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POLS 1101 Civil Liberties INSTRUCTOR KRISTINA LaPLANT Today s Lecture Civil Liberties v Civil Rights Historical Context Federalist v Anti Federalist Debate Bill of Rights Selective Incorporation Current State of Affairs WHAT DOES CIVIL LIBERTIES MEAN TO YOU Civil Liberties v Civil Rights Historical Context Bill of Rights THE ANTI FEDERALIST CONTRIBUTION The Bill of Rights Debate FEDERALISTS ANTI FEDERALISTS States already had Bill of Rights Lack of Bill of Rights would make federal government too powerful Problems with enumeration No Bill of Rights was a threat to individual liberty The Constitution is a Bill of Rights Bill of rights would hold federal government accountable Half a loaf is better than no bread If we cannot secure all our rights let us secure what we can THE LETTERS OF THOMAS JEFFERSON TO JAMES MADISON PARIS MARCH 15 1789 The Bill of Liberties Congress shall make no law 1 Freedom of Speech 2 Right to Bear Arms 3 Quartering of Troops 4 Search and Seizure 5 Due Process 6 Trial by Jury 7 Common Law Suits Congress shall make no law Historical Context Before the Civil War Barron v Baltimore 1833 14th Amendment Selective Incorporation 14th Amendment Section 1 All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any state 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 Freedom of Religion Establishment Clause Free Exercise Clause Violations of Civil Liberties School prayer Nondenominational prayer to begin school day Religious displays on public property Nativity scene at a court house Government funding religious schools A government program that funds the salaries of teachers at parochial schools to teach secular subjects Lemon Test Secular Purpose Cannot advance or inhibit religion Excessive entanglement Freedom of Speech Schenck v U S 1919 Distributing anti conscription leaflets Gitlow v New York 1925 Inciting working class uprising in the name of Socialism Tinker v Des Moines 1969 Students wear black armbands in high school to protest the Vietnam War Clear and Present Danger Test The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the United States Congress has a right to prevent It is a question of proximity and degree When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right Justice Oliver Wendall Holmes Jr THERE ARE NO ABSOLUTES Restrictions on Freedom of Speech Fighting Words Obscenity Screaming Fire in a crowded movie theater Hate Speech Why is this type of speech protected Protected v Unprotected Speech and Expression Where s the Line Freedom of the Press Prior Restraint Near v Minnesota 1931 Can States bad scandalous newspapers NYT v US 1971 Can the government restrict news publication of classified government documents relating to war strategies


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