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Civil Liberties September 8, 2008
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Bill of Rights – First ten amendments to the Constitution
Civil liberties – protections against government. Civil rights – positive acts of government that seek to make constitutional guarantees a reality for all people
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Our rights are relative, not absolute
14th Amendment prevents States from denying basic rights without due process of law. AKA “Due Process Clause” 9th Amendment
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1st Amendment prohibits “an establishment of religion”
“Establishment Clause” According to Thomas Jefferson, Establishment Clause creates “a wall of separation between church and state.”
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Court relies upon Lemon test:
Purpose of aid must be secular Primary effect must neither advance nor inhibit religion Must avoid “excessive entanglement of government with religion” Free Exercise Clause
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Freedom of Speech and Press
Not absolute Slander & Libel not protected Obscenity? Symbolic speech Media Flag burning?
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Freedom of Assembly and Petition
Protects right to assemble Government can make and enforce reasonable rules Right of association
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