PS 1113 - Chapter 4
PS 1113 - Chapter 4 PS 1113
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This 2 page Class Notes was uploaded by Tina Ta on Sunday June 26, 2016. The Class Notes belongs to PS 1113 at East Mississippi Community College taught by David Litton in Summer 2016. Since its upload, it has received 9 views. For similar materials see American Government in Politic Science at East Mississippi Community College.
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Date Created: 06/26/16
Chapter 4: Civil liberties refer to the limits of government outlined in the 1 Ten Amendments originally the Bill of Rights limited the power of the national government not the states. Each state had their own Bill of Rights that were similar to the national Bill of Rights. The 14 amendment provided that civil liberties guaranteed by the national constitution began to be applied to the states. Gradually, the federal courts began applying the protections of the Bill of Rights to state government actions. Freedom of Religion consists of two principles. The first has to do with the separation of church and state and the second guarantees the free exercise of religion. Establishment clause - the part of the first amendment that prohibits the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, questions of the legality of allowing or requiring school prayers, and questions of the teaching of evolution versus fundamentalist theories of creation. Free Exercise Clause - The provision of the First Amendment that guarantees the free exercise of religion. Freedom of Expression - For the most part, as Americans we have the right to free speech and free speech and free press without government interference. At various times there are restrictions on expression. Clear and Present Danger Test: this test allows the government to restrict certain types of speech deemed dangerous/ actual or imminent that Cogress has power to prevent. restrict if: Evidence exists that such expression would cause a condition that would endanger the public Prior Restraint: Restraining an activity before it has actually occurred. When expression is involved, this means censorship/subsequent punishment for the expression of ideas before the ideas are printed/spoken. (Method of limiting the press in some nations, not allowed by freedom of speech) Other issues involving the freedom of expression: Symbolic Speech: Expression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct. Symbolic speech is given substantial; protection by the courts. Burning or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment. Obscenity: The quality or state of a work that, taken as a whole, appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way that lacks serious literary, artistic, political, or scientific value. Slander: Public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of a person other than the defamed party. Libel: A written defamation of a person's character, reputation, business, or property rights. Slander: Oral/Verbal Libel: publication/written MILLER V CALIFORNIA: • (1973) A first amendment case. The Court defined obscenity. Requirements must be met for material to be legally obscene. Material is obscene if: average person finds that it violates contemporary community standards work taken as a whole appeals to a prurient interest in sex work shows patently offensive sexual conduct work lacks serious redeeming literary, artistic, or scientific merit. gag orders: an order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial. Privacy Rights The Rights of the Accused