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UGA POLS 1101 - chapter 4 lectures

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“... endowed by their Creator with certain unalienable Rights”Civil Liberties, the Bill of Rights U.S. Constitution: Bill of Rights (Amendments 1-10) Text Chapter 4 -- Civil Liberties3 blue books-TA before midtermLecture Notes- 8/27/2013- Ratification- Article 7- 9 of the 13 states ratifies- used the constitution. State legislatures passed. GA-no individual rights in constitution: freedom of speech, etc. Will ratify if GA drops the bill of rights- congress drew them. 10 passed. Specify the individual rights- CIVIL LIBEREITES.- Civil rights- equality in society: citizenship, right to vote, we are all equal- Civil liberties- protection against government abuse.- Bill of rights. 1st one and 14th are most important. - 1st amendment- government cannot establish a national religion nor prohibit the free exercise - Supreme court- freed of religion- neither a state or federal gov can set up a church, go to or remain away- 1962: school prayer- Angel vs. Vantel- private school can require a prayer, Supreme Court says it violates the establishment clause. Alabama says there will be moment of silence for prayer and meditation- supreme court said no. Georgia legislature- moment of silence for quiet reflection on the days activities. Supreme court said okay- no prayer- Connecticut- 1st a- freedom to believe(absolute) and practice(regulation of society)- conduct that endangers people is subject to regulation- Freedom of the press- prior restraint- The pentagon papers case- gov had lied to American people, gave to the new York times. Nixon admin said no- national security secrets, censored. Government cannot exercise prior restraint. Info was old and not endangerment - Obscenity-ex: child pornography- offensive- Wraw vs. the us- purian- lust. Justices had to know what was obscene- Miller vs. California- sexual conduct and lacks any scientific and artistic value, different states have laws of obscene- Freedom of speech- almost absolute but Shank vs. the New York states- making people oppose the military draft during ww1- if speech created a danger then it isn’t protected. - Texas vs. Johnson- Johnson burned American flag, violated texas law, he had a constitutional right. Supreme court said yes b/c it is symbolic speech and political- needs to be protected- Liable- saying, printing, broadcasting that is false and harmful to na individual- Husle magazine vs. Forell- hustel- pornographic while forell was a reverend. Cartoon showed himhaving oral sex with mother. Supreme court said that’s protected speech- The right of the people to assemble as long as its peaceful gives the people to right to petition tothe government- Wetberal baptism church- Supreme court gives the 1st amendment important position.Lecture Notes 8/29/2013Privacy and due processDue Process: Protection against government abuse, certain procedures is followed, several amendments, rights of the accused5th amendment: “no person shall be heard for a capital crime”, evidence for a trail-procedure, “subject tothe same offence”- double jeopardy, new evidence then a new trail, “compelled in any criminal trail to be witness against himself” – lawyer would advice cannot be punished without due process. Cant take your stuff without just compensation-reasonable paymentMiranda vs. Arizona- 5th amendment, Miranda confessed of crime but didn’t know he had to testify against himself. Could have waited for a lawyer. Found guilty. Bill rights said you don’t have to do that. Supreme court said that the confession was not voluntary. Before questioning read the Miranda rights. Police reminds you. Overturned the conviction. Got a new trail but the confession was not used as evidence. Was convicted6th amendment- “speedy and public trail…compulsory process” can call witness in own behalf and right of a lawyer.8th amendment- “nor cruel and unusual punishment…excessive bail”Forman vs. Georgia- Georgia’s death penalty law is too broad…therefore it constitutes cruel and unusualpunishment. Rewrote the law for the most serious crimes. Ex. Murder a police officer on duty. Gregg vs. Georgia- penalty is constitutional 2nd amendment- state militia not about individuals- 1st interpretation- 2nd- each one of us has the rights to bear armsDC vs. Heller- distric passed that no one can handle a handgun. Heller sued. Us supreme says individuals had the right to bear arms but only handguns, very specificAPrivacy:4th amendment- Government cannot search homes, might be a reasonable search with a warrant ( place to be search and the person to be seized) signed by a judge. Need enough energy, Mapp vs. Ohio- Illegal porno in house, convicted, Supreme Court said the police was looking for a fugitiveso the porno was obtained illegally. Evidence was excluded from the trial- exclusionary rule3rd, 4th 5th and 8th – applied privacyGriswall vs. Connecticut- griswald arrested because of birth control conceptive. Court said prohibiting these is not a right of privacy. States cant interferegRoe v. Wade-


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