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American Government and Politics (POLS 122) Professor Jonathan Day
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Outline 1. Attendance 2. Interpreting Our Rights: 2 nd Amendment 3. Restricting Our Rights: 1 st Amendment 4. Selective Incorporation 5. Cartoon Interpretation 6. Next Class Period
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Interpreting our Rights: 2 nd Amendment 2 nd amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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District of Columbia v. Heller (2008) What are your thoughts after hearing part of this case?
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Restricting Our Rights Free speech is restricted: Direct Incitement Test – “incite imminent lawless action” Fighting words Slander and libel Obscenity
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What’s Wrong??? 1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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Selective Incorporation The Bill of Rights only applied to the Federal Government, not the state governments Selective Incorporation – The process of applying the Bill of Rights to the states on a case-by-case basis. 2 nd Amendment was incorporated through the recent court case: McDonald v. Chicago (2010)
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Interpret the meaning of this cartoon
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For Next Class Period Read Chapter 4 of Fault Lines – it’s about the tradeoff between security and freedom
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