Civil Liberties (Half)
Civil Liberties (Half) Pols 1101
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This 2 page Class Notes was uploaded by Stephanie Argueta on Saturday September 24, 2016. The Class Notes belongs to Pols 1101 at Georgia State University taught by Richard G. Gardiner in Fall 2016. Since its upload, it has received 3 views. For similar materials see AMERICAN GOVRNMENT in Political Science at Georgia State University.
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Date Created: 09/24/16
Civil Liberties I. Civil Liberties: Foundational Concepts v The constitutional right to free speech is understood to mean that it is only government that has a constitutional obligation to not interfere with the freedom of speech. (only on the government has the obligation of civil liberties) o This right changed over time as the Constitution also protects that right from interference by the state and local gov’t in any state th o Barron v. Baltimore: famous case involving the 5 amendment command that “private property” shall not “be taken for public use w/o just compensation”. v Civil liberties in the GA constitution have always provided GA residents legal protections against actions taken by GA state govt only. v Civil Liberties in the Bill of Rights have always protected U.S citizens from actions taken by the ftheral gov’t o The 14 amendment allow civil liberties in Bill of Rights protect individuals from sate gov’t actions v The Supreme court plays a key role in defining civil liberties by exercising power of judicial review v When interpreting the Establishment Clause, the federal courts apply the Lemon Test, which is a test that requires laws that have a secular legislative purpose. This has been criticized (by conservatives) for requiring too much of separation of government and religion v When interpreting the Free Exercise Clause, the federal courts used to apply the Sherbert Test, which required gov’t actions to withstand strict scrutiny if they interfere with someone’s ability to act upon their sincere religious beliefs. o This was then removed by the Religious Freedom Restoration Act in 1993, which essentially required courts to apple the Sherbert Test to actions of the federal government v According to the Supreme Court, the First Amendment rights to the freedom of expression requires that gov’t refrain from enacting restrictions on expression o The U.S is the only western democracy to treat hate speech/campaign spending as constitutionally protected forms of free expression o “content neutral regulations” are permissible if they are reasonable v The vast majority of civil liberties in the Bill of Rights pertain to the criminal justice system. It is relevant that the Supreme Court has incorporated nearly all civil liberties b/c this means there is federal protection for criminal justice rights at the state and local level v The 4 amendment protections against unreasonable searches and seizures are enforced through the exclusionary rule, which disallows the use of illegally obtained evidence in court v The Court has held that government surveillance of individuals in places where they have privacy amounts to a search v The Right against self-incrimination, according to the Supreme Court, this right protects anyone being officially questioned and protects criminal defendants in trials 2
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