Civil rights - answer✔✔Privileges the government must guarantee or "political rights"
Example: Right to vote
Civil liberties - answer✔✔Freedoms guaranteed to individuals
Found in the bill of rights
Protection from state actors (not from your employer or privately run businesses)
Protection from public majorities
Rights gov cannot take away
Example: Freedom of speech
Incorporation - answer✔✔14th amendment extends Bill of rights to the states
State cannot abridge privileges or immunities of citizens
State must follow due process of the law
Habeas corpus - answer✔✔Cannot be detained with out being charged with a crime
Due process clause - answer✔✔fair procedures includes:
no cruel unusual punishment
miranda rule
exclusionary rule
right to lawyer
reasonable search and seizure
Stouffer study - answer✔✔Measure of American attitude ** info needed
Establishment clause - answer✔✔Freedom of religion, no gov. established religion
Free exercise clause - answer✔✔Freedom of religion, freedom to practice any religion
Examples:
allowed:
animal sacrifice
refusal to attend public school amish
hunt moose out of season
Court cases we discuss - answer✔✔Good news club v Milford central school (2001)
rooms in school were used for religious clubs
denying the usage of the rooms would constitute as a restriction of free/speech and therefore
violate the establishment clause
discrimination on the basis of reiligon
Santa fee School districts v doe (2000)
student lead prayer sessions is violation of establishment clause if it takes place on government
property
Limits to free speech - answer✔✔Not allowed:
peyote use
religious wear in the army
polygamy
1. Fighting words (threat to public safety)
2. Libel slander
3. Obscenity
4. Commercial speech (no cig ads on tv, no drinking alc on tv)
Libel/Slander - answer✔✔speaking or writing blatant false/harmful statements
Fighting words - answer✔✔Threat to public safety
Commercial speech - answer✔✔No cig ads, no false advertising
Obscenity - answer✔✔FCC regulated TV content and timing
Citizens United v FEC - answer✔✔Regulation of campaign spending
Cannot restrict non profits from donating
Miranda decision (66) - answer✔✔Reading of miranda rights is required before an arrest is made
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