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

2. 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

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

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

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

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

7. 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?

8. 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

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

10. 1st Amendment: Freedom of the Press
Key Issues
Libel
Gag Order
Confidentiality
Films, Radio, TV

11. 1st Amendment: Freedom of Assembly & Petition
Petition for change w/o limit
Congress protected

12. 4th, 5th, 6th, 8th Amendments: Rights of the Accused
Due Process
Reasonable suspicion
Attorney
Exclusionary rule
Arraignment

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

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

15. 9th Amendment: Privacy Information Sharing
Soc. Sec. #, bank #, profiling
Abortion
Roe v. Wade
Stem Cell Research
Right to Die
Gonzales v. OR

16. 14th Amendment
Incorporation Theory