Chapter 4

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Chapter 4

  1. 1. Chapter 4: Civil Liberties A More Perfect Union 1/e
  2. 2. Civil Liberties• Civil Liberties in the American Legal System – The Freedoms Protected in the American System – The Historical Basis for American Civil Liberties: The Bill of Rights ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 2
  3. 3. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 3
  4. 4. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 4
  5. 5. Civil Liberties• Civil Liberties in the American Legal (continued) System – Incorporation of the Bill of Rights to Apply to the States • Barron v. Baltimore (1833) • Fourteenth Amendment • Selective incorporation versus total incorporation • Palko v. Connecticut (1937) ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 5
  6. 6. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 6
  7. 7. Civil Liberties• First Amendment Freedoms: Speech, Assembly, and Press – The First Amendment and Political Instability • The Tension Between Freedom and Order • The Historical Context for Free-Speech Laws • The Standard Today: The Imminent Lawless Action Test ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 7
  8. 8. Civil Liberties• First Amendment Freedoms: Speech, Assembly, and Press (continued) – Freedom of Speech • Pure Speech versus Symbolic Speech • Not all Speech is Created Equal: Unprotected Speech – Freedom of Assembly – Freedom of the Press ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 8
  9. 9. Civil Liberties• Freedoms of Religion, Privacy, and Criminal Due Process – The First Amendment and the Freedom of Religion • The Establishment Clause • The Free-Exercise Clause – The Right to Privacy • The Emergent Right to Privacy • The Right to Privacy Applied to Other Activities ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 9
  10. 10. Civil Liberties• The Fourth, Fifth, Sixth, and Eighth Amendments: Ensuring Criminal Due Process – The Fourth Amendment and the Protection Against Unreasonable Searches and Seizures – The Fifth and Sixth Amendments: the Right to a Fair Trial and the Right to Counsel – The Eighth Amendment: Protection Against Cruel and Unusual Punishment ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 10
  11. 11. Civil Liberties• The Second Amendment and the Right to Bear Arms – Competing Interpretations of the Second Amendment • Individual Right • Group Right – Citizens Engaged: Fighting for a Safer Nation ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 11
  12. 12. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 12
  13. 13. Civil Liberties• Civil Liberties in Post-9/11 America – Perceived Intrusions on Free Speech and Assembly • Domestic Surveillance Program – Perceived Intrusions on Criminal Due Process • USA PATRIOT Act • Foreign Intelligence Surveillance Act (FISA) – Perceived Discrimination Against Muslim Americans ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 13

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