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Chap 4 Day 5, Aim: How does the court interpret “privacy”?
Do Now- Pair/Share: 1) Should Gideon (counsel) have won his case? Why or why not?
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Privacy? Is There a Right to Privacy?
Definition: The right to a private personal live free from the intrusion of government. Not explicitly stated in the Constitution- IS IT? Bill of Rights creates zones to establish right to privacy. WHICH amendments? First, Third, Fourth, and Ninth Amendments, create new constitutional right, right to privacy in marital relations. Implied by the Fourth Amendment ? No unreasonable search and seizure Very debatable – WHY?
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Controversy over Abortion
Roe v. Wade (1973) Planned Parenthood v. Casey (1992) – upheld Roe but allowed state restrictions Protections of those seeking an abortion Rights of protesters
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Court’s Decision – Roe v. Wade
Fourteenth Amendment, which prohibits states from “depriv[ing] any person of … liberty … without due process of law,” protected a fundamental right to privacy. Law’s historical lack of recognition of rights of a fetus, justices said “the word ‘person’, used in 14th Amendment, doesn’t include unborn Leave up to state to decide?
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Summary Civil Liberties and Democracy
People need the right to express themselves. WHY? Courts continue to define the limits of civil liberties. WHY? Civil Liberties and the Scope of Government Must decide the line between freedom & order Civil liberties limit the scope of government
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Summary Write a multiple choice question based on previous slides.
Exchange question with neighbor. Share with Class.
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