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Chapter 4Civil Liberties
Civil LibertiesCivil LibertiesBill of Rights (originally for Fed
only)◦1st Amendment “Congress shall make
no law”◦Barron v. Balt.
Incorporation Doctrine changes this◦14th Amendment ◦Due Process Clause◦Gitlow v. New York
Freedom of ReligionEstablishment Clause
◦Lemon v. Kurtzman Lemon Test
Secular purpose Cant advance or inhibit religion Cant foster excessive entaglement
Free Exercise Clause
Freedom of ExpressionPrior RestraintFree Speech and Public Order
◦Schenk v. U.S.Obscenity
◦Test Obscene if…
Appeals to a prurient interest Offensive to a specifically defined obscenity law Lacked serious literary, artistic, political or scientific value
Libel and SlanderSymbolic SpeechCommercial Speech
Freedom of AssemblyAssemble Associate
Defendants Rights4th (unreasonable search and
seizure)5th (no self incrimination and no
double jeopardy)6th (right to counsel and speedy
trial)8th (no excessive bail or cruel and
unusual punishment)
Right to Privacy?Griswold v. Conn.
(1st, 3rd, 4th, 5th, 9th)
Abortion◦Roe v. Wade◦Planned Parenthood v. Casey