American Government Week 4 Notes
American Government Week 4 Notes POLS 1101
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This 3 page Class Notes was uploaded by Chapman Lindgren on Thursday September 8, 2016. The Class Notes belongs to POLS 1101 at University of Georgia taught by James E. Monogan, Anneliese S. Hermann in Fall 2016. Since its upload, it has received 19 views. For similar materials see American Government in History at University of Georgia.
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Date Created: 09/08/16
American Government Notes Week 4 Civil Liberties Class Objective 9/7/16 Distinguish civil rights from civil liberties Identify the civil liberties protected explicitly and implicitly by the Bill of Rights Distinguishing Civil Rights from Civil Liberties Civil rights: freedom from governmental discrimination (unequal treatment) based on age, gender, race, or other personal characteristics o Allow individuals to participate in government o Grant freedom from oppression o Rights ensure that claims upon government are fulfilled, and that people are treated fairly and equally Civil Liberties: the basic freedoms that citizens enjoy from governmental interference o Freedoms of speech, press, assembly & religion o Guarantees of due process and other protections for criminal defendants o Liberties ensure freedom from improper government interference Provisions of the Bill of Rights Freedom of the Press and Speech Principle of freedom of the press: no prior restraint on publishing American Government Notes Week 4 Freedom of speech: ambiguous beyond freedom of the press o Is only political speech protected? o What speech is protected beyond the press? Exceptions to freedom of speech o Obscenity – the supreme court has always held that the government can deem certain materials to be obscene and regulate them. o Libel (written) and slander (spoken): NY Times v. Sullivan (1963). It can only be libel or slander if the information is malicious in intent and the person knows that it’s false. The New York Times wanted to post the Pentagon Papers which would expose secrets about U.S. involvement in Vietnam. Nixon’s administration cited it a national security risk until the supreme court ruled that the NYT could publish the articles. o If your freedom impedes someone else’s freedoms like keeping them up at night or blocking the entrance to a church, then you lose your right o Speech that poses an imminent lawless action Freedom of Religion Establishment clause states that the government may not take any action to establish a state religion o Controversies: prayer in school, ten commandments in public places o The Lemon Test: intent prong, effect prong, and entanglement prong. 3 prongs that determine whether an activity is acceptable Intent prong: is the primary purpose of the activity secular? Effect prong: is the primary effect, regardless of intent, to advance or prohibit religion? Entanglement prong: does the action not lead to excessive government entanglement with religion? The free exercise clause states that any American may practice the religion of his or her religion o Controversy of military chaplains Protection of Rights and Liberties There can be a trade-off between rights and liberties As economic liberty increases, inequality in outcomes can also increase o For example, the high tax rates that many European countries employ to fund large welfare state infringes on the economic liberty of citizens in return for guaranteeing them basic rights to shelter, food, and health care. How to decide limits on rights and liberties? American Government Notes Week 4 Moral claims of human dignity consistent with founding ideology of the United States Utilitarianism in outcomes can infringe on liberties o Utilitarianism is the doctrine that actions are right if they are useful or for the benefit of a majority.
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