Unit 6

Civil Liberties and Rights BackgroundDistinctionSources of ProtectionNaturePeople GrantedImpact of Federalism Bill of Rights Incorporation of 14 th Amendment++ 9 th Amendment Cases?

Freedom of Religion Gitlow v NYEstablishment clause Accomodationist view Separationist view Lemon v. Kurtzman: Lemon Test Nonsecular Purpose Advances or inhibits religion Excessive entanglement w/ Gov Key Rulings

Free Religion Continued Free Exercise clause Article 6 of Constitution bans religious qualification to hold office

Freedom of Speech Bad Tendency Clear and Present Danger Preferred position Overbreadth Vagueness Prior Restraint Least Dramatic Test Fighting Words Centrality of Political Speech Symbolic Speech Sedition Tests:

Freedom of the Press 14 th AmendmentAreas of Controversy Right of Access Executive Privilege Gag Orders Shield Laws Defamation Obscenity Student Press Regulation

Freedom of Assembly and Petition Freedom of Petition Right to ask for government action Justification for Lobbying Political v. Personal associations Hatch Act Assembly Government may regulate place and manner Heckler’s veto Public not private

Struggle for Equal Rights WomenBlacksHispanicsAsiansNative AmericansWhites?Arab?

Equal Protection Under the Law DiscriminationTest use to determine discrimination Rational Basis Suspect Classification Quasi-Suspect Classification Fundamental Rights Test

Barriers to Voting 15 th AmendmentLiteracy Test: Banned by VRA 1965Poll tax: Banned by 24 th AmendmentGrandfather Clause: Declared unconstit.Voting Rights Act 1965 Private Discrimination Public Response Civil Rights Act 1964Civil Rights Act 1968

Citizenship Methods of acquisition Birth Jus Soli: right of birth Jus sanguinis: right of blood Naturalization Losing Expatriation Denaturalization Aliens

Life, Liberty, Property Property Rights v Public Welfare Eminent domain Due Process Procedural Substantive Classifications

Arrests, Questioning, and Imprisonment ArrestsSearchesProtection against self-incriminationPolice questioningHabeas CorpusEx Post FactoBill of Attainder

Rights of the Accused CounselExcessive BailSpeedy and Public TrialGrand Jury IndictmentTrial by JuryWitnessesCruel and unusual punishmentDouble Jeopardy