Civil Liberties Chapter 6 Central Ideas I II III IV Civil liberties protect individuals from abuses of power by the government The Bill of Rights defines the core of civil liberties protections and the Supreme Court interpretations define the limits of these protections Civil liberties protections have sometimes been extended to apply to state governments as well The interpretation of individual liberties has changed over time Protection of Individuals Civil liberties are the restraints on government found in the Bill of Rights and 14th amendment Civil rights protect citizens from discrimination by the government or other citizens and they are rooted in the equal protection clause of the 14th amendment Civil liberties individual freedoms Civil rights equality of citizenship Amendment Core Protections First Amendme nt Freedoms of Religion Speech Press Assembly and Petition Right to Bear Arms Second Amendme nt Third Amendme nt No Quartering of Troops privacy rights Contemporary Relevance school prayer campaign advertising Wikileaks Occupy Wall Street assault weapons bans background checks concealed carry laws Fourth Amendme nt Fifth Amendme nt Sixth Amendme nt Seventh Amendme nt Eighth Amendme nt Ninth Amendme nt Tenth Amendme No Unreasonable Searches and Seizures Requirement of Warrants and Probable Cause War on Drugs stop and frisk policies NSA surveillance No Double Jeopardy or Self Incrimination Rights of Due Process and Grand Jury Screening Rights to a Speedy and Public Trial Impartial Jury Counsel Notification of Charges and Confrontation of Witnesses Right to a Jury Trial in Civil Cases No Cruel and Unusual Punishment right to remain silent pleading the Fifth federal benefits for same sex marriages jury duty public defenders subpoenas changes of venue in high profile cases rule of law legitimacy of courts in non criminal suits death penalty prison overcrowding sentencing of minors Rights Not Enumerated in Constitution abortion rights assisted suicide States Rights Defense of Marriage Act nt medical marijuana Tea Party movement Get the Gist Questions the government 1 Civil liberties can be described as which Freedoms that protect citizens from 2 The bill of rights does which of the following Communicates what the 3 Which of the following contemporary issues relates to the 4th amendment federal government cannot do NSA surveillance 4 Which amendment protects state s rights Tenth amendment Core protections and Limits First amendment protects our freedom of expression Defines five liberties religion speech press assembly and petition Prevents establishment of religion by government and ensures the free exercise of religions by citizens Get the Gist Questions 1 Prior to the passage of the bill of rights how many amendments were approved by congress 12 2 For the first half of the nation s history the bill of rights protected citizens from which of the following National government 3 The first amendment protects which of the following liberties Press assembly religion petition speech Freedom of Religion In the establishment clause and the free exercise clause Congress is restricted from regulating the religious practices of states or citizens Lemon v Kurtzman 1971 posed the question of whether state financial support of the teaching of secular subjects in religious schools violates the first amendment establishment clause This created the Lemon Test o The government s actions must have a secular legislative purpose not have the primary effect of advancing or inhibiting religion not result in excessive government entanglement with religion o The state could not subsidize the salaries of teachers who deliver secular educational content in religious schools because regulation of the policy involved an excessive entanglement with religion The free exercise clause protects individuals from national government restrictions on religious practices Sherbet Test requires that justices consider certain questions in determining whether the government has violated an individual s free exercise of religion o Stage 1 Does the person have a claim involving a sincere religious belief Does government action pose a substantial burden on the person s ability to act on that belief o Stage 2 the government action furthers a compelling state interest the government has taken action that is the least restrictive to religion in promoting that state interest Get the Gist Questions 1 Which of the following make up the first amendment freedom of religion Establishment and free exercise clause 2 The national cathedral does not violate the first amendment because it does not violate which Establishment clause 3 How many criteria make up the lemon test 3 4 Which of the following criteria was violated in lemon v kurtzman The government action may not result in excessive government entanglement in religion 5 Which of the following fall into stage 1 of the sherbet test Does the government action pose a substantial burden to the person s ability to act on the belief Freedom of Speech Expression that tends to receive more protection under the first amendment include political speech symbolic speech freedom of assembly and freedom of the press Less protected fighting words defamation obscenity Notion of clear an present danger Established by Supreme Court after WWI Court ruled that these activities represented a clear and present danger to security and were not protected by the first amendment Threatening speech against the government is protected under the first amendment as long as it is not intended to or likely incite lawless action Speech could only be prohibited if it is directed at inciting or producing imminent lawless action or is likely to incite or produce such action This is known as the direct incitement standard Court banned political advertising by corporation citing the first amendment protections Get the Gist Questions Political speech 1 Which of the following is considered a well protected form of speech 2 Which of the following is the most important post 1920 s limitation on the freedom of political speech Direct incitement 3 The citizens united decision expanded the supreme court s protection of free speech into which of the following arenas Political speech by corporations 4 Which of the following forms of symbolic speech has the supreme court protected under the first amendment Burning the American flag wearing a t shirt critical of the president wearing black armbands to protest war displaying