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Civil Liberties Pt.2

by: Stephanie Argueta

Civil Liberties Pt.2 Pols 1101

Stephanie Argueta

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About this Document

These are more detailed notes about the Amendments and how they protect civil liberties. Enjoy!
Richard G. Gardiner
Class Notes
american, Government, civil, liberties
25 ?





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This 3 page Class Notes was uploaded by Stephanie Argueta on Saturday October 1, 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 4 views. For similar materials see AMERICAN GOVRNMENT in Political Science at Georgia State University.


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Date Created: 10/01/16
Civil Liberties Political freedoms that protect from abuse of power by government v The Right against self-incrimination, according to the Supreme Court, this right protects anyone being officially questioned and protects criminal defendants in trials v First Amendment o Religion: § No national establishment of religion (Establishment cause) § Free exercise clause: • Division v. smith: case involving Native Americans smoking for religion & fired from their jobs § Separation of church and state • Lemon test: o Must have a secular purpose o Neither advance nor prohibits religion o Not promote excessive gov’t entanglement o Freedom of speech: § Types: symbolic, commercial, hate, obscenity, political, student, libel & slander § Clear and Present Danger: • Gitlow v. New York (1925): incorporation of test of the states • Brandenburg v. Ohio (1969): created the imminent Lawless Action Test: gov’t can’t punish inflammatory speech unless it’s directed to enacting & likely to incite imminent lawless action • Fighting words: o Chaplinsky v. New Hampshire: defined type of speech (insults) are not protected • Hate Speech: not protected • Commercial speech: Citizens United v. FEC (2010) • Slander: defamation of a person that takes place in transient form. • Libel: defamation of a person that occurs w/in written, printed words, or pictures • Obscenity: o Miller v. California (1973): arrested for obscene images of porn ( he wanted to promote his pornography business) à This created the Miller test, which is a test that can ban certain obscenity that: § Appeals to sexual desire § Patently offensive § Lacks serious literary, artistic, political or scientific value o Freedom of the press: § Incorporation: declares civil liberties from Bill of Rights to be protecteth against state government abuse through Due Process Clause of the 14 Amendment v Second Amendment: collective militia v. individual rights o District of Columbia v. Heller (2008) à incorporation has not yet been applied but it declared that there are individual rights to own a gun in the second amendment o McDonald v. City of Chicago (2010) à finally began incorporation to the states of the second amendment v Rights of the Criminally Accused: o 4 Amendment: protection from search & seizure; Probable Cause: reasonable cause that a person could be found guilty for a crime § Search: Terry v. Ohio (1968) à privacy is portable, everyone has the right to privacy anywhere § Seizure: Mapp v. Ohio (1961) à Incorporation & exclusionary rule: if evidence is found w/o formal process evidence is useless in court § Warrants: found in probable cause and are issued by a judge. Evidence is useless unless it is given: • In consent • Exigent circumstance (warrant is too dangerous to wait) • Motor vehicles • Plain view • When arrested to avoid destruction of evidence and avoid harm towards an officer th o 5 Amendment: Right to remain silent, protection from self-incrimination, right to a grand jury, protection from Double Jeopardy § Grand jury: a step w/in criminal/civil trials in which a jury decided whether there is sufficient evidence to justify a trial § Double Jeopardy: instance where an individual is being tried before a court of law for same crime twice § Eminent domain: right of the government to take private property for public use w/ just compensation § Self-incrimination & right to counsel: Miranda v. Arizona (1966) à created the Miranda rights that officers must give to arrested suspects before going to trial th o 6 Amendment: right to be informed of charges, right to counsel, right to confront witnesses, right to a speedy trial § Right to legal counsel: Gideon v. Washington (1963) à Gideon wrote an appeal to Supreme Court about not affording an attorney, which influenced the government responsibility to provide an attorney 2 th o 7 amendment (NOT INCORPORATED): right to a jury in a civil trial o 8 Amendment: protection from excessive bails and fines (not incorporated to states , protection from cruel and unusual punishment (incorporated) v Right to privacy o Not directly mentioned in Bill of Rights o Know these cases that involve this right: § Grisworld v. Connecticut (1965) § Koe v. Wade (1973) § Lawrence v. Texas (2003) 3


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