Unit 2: Civil Liberties & Rights

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Presentation transcript:

Unit 2: Civil Liberties & Rights Ch. 4: Civil Liberties Ch. 5: Civil Rights & Equal Protection

What rights to we have? What rights don’t we have? Speedy Trial Bear Arms What rights to we have? What rights don’t we have? No Cruel or Unusual Punishment Press Speech Assembly Religion

Our Civil Liberties Bill of Rights 1st Amendment: Freedom of Religion -establishment clause -free exercise clause

Examples Pledge, “in God we trust”, Ten Commandments in courthouses Creation v. Evolution Christmas programs Vouchers Lemon v. Kurtzman

Lemon v. Kurtzman Three part Lemon Test Secular purpose Primary purpose cannot advance a particular religion Cannot show gov’t & church involvement

Exceptions 1. illegal substances/actions are still illegal OR v. Smith 2. actions are harmful to the “greater good” of the larger population

What about faith healing What about faith healing? What if a parent chooses not to not to seek medical attention for their child and the child dies? Should the parents be held legally responsible or not?

1st Amendment: Freedom of Expression & Speech Freedom of Expression is our highest right. Always have it except: Fighting words Heckler’s veto Slander Libel Clear & present danger Prior restraint (rare) Obscenity

Allowed but controversial forms of expression: Hate Speech Commercial Speech Symbolic Speech (some)

1st Amendment: Freedom of the Press Key Issues Libel Gag Order Confidentiality Films, Radio, TV

1st Amendment: Freedom of Assembly & Petition Petition for change w/o limit Congress protected

4th, 5th, 6th, 8th Amendments: Rights of the Accused Due Process Reasonable suspicion Attorney Exclusionary rule Arraignment

Court Cases Gideon v. Wainwright Miranda v. Arizona Mapp v. Ohio

Time limit on appeals (2 yrs) Death Penalty Time limit on appeals (2 yrs) Racism Roper v. Simmons Ford v. Wainwright Atkins v. VA

9th Amendment: Privacy Information Sharing Soc. Sec. #, bank #, profiling Abortion Roe v. Wade Stem Cell Research Right to Die Gonzales v. OR

14th Amendment Incorporation Theory