Unit 6

Civil Liberties and Rights

Background

Distinction

Sources of Protection

Nature

People Granted

Impact of Federalism• Bill of Rights• Incorporation of 14th Amendment++• 9th Amendment• Cases?

Freedom of Religion

Gitlow v NY

Establishment clause• Accomodationist view• Separationist view

Lemon v. Kurtzman: Lemon Test• Nonsecular Purpose• Advances or inhibits religion• Excessive entanglement w/ Gov

Key Rulings

Free Religion Continued

Free Exercise clause

Article 6 of Constitution bans religious qualification to hold office

Freedom of Speech

• Bad Tendency• Clear and Present Danger• Preferred position• Overbreadth• Vagueness• Prior Restraint• Least Dramatic Test• Fighting Words• Centrality of Political Speech• Symbolic Speech• Sedition

Tests:

Freedom of the Press

14th Amendment

• Right of Access• Executive Privilege• Gag Orders• Shield Laws• Defamation• Obscenity• Student Press• Regulation

Areas of Controversy

Freedom of Assembly and Petition

Freedom of Petition

• Right to ask for government action• Justification for Lobbying• Political v. Personal associations• Hatch Act

Assembly

• Government may regulate place and manner• Heckler’s veto• Public not private

Struggle for Equal Rights

Women

Blacks

Hispanics

Asians

Native Americans

Whites?

Arab?

Equal Protection Under the Law

Discrimination

• Rational Basis• Suspect Classification• Quasi-Suspect Classification• Fundamental Rights Test

Test use to determine discrimination

Barriers to Voting

15th Amendment• Private Discrimination• Public Response

Literacy Test: Banned by VRA 1965

Poll tax: Banned by 24th Amendment

Grandfather Clause: Declared unconstit.

Voting Rights Act 1965

Civil Rights Act 1964

Civil Rights Act 1968

Citizenship

Methods of acquisition

• Birth• Jus Soli: right of birth• Jus sanguinis: right of blood

• Naturalization

Losing

• Expatriation• Denaturalization

Aliens

Life, Liberty, Property

Property Rights v Public Welfare

• Eminent domain

Due Process

• Procedural• Substantive• Classifications

Arrests, Questioning, and Imprisonment

Arrests

Searches

Protection against self-incrimination

Police questioning

Habeas Corpus

Ex Post Facto

Bill of Attainder

Rights of the AccusedCounsel

Excessive Bail

Speedy and Public Trial

Grand Jury Indictment

Trial by Jury

Witnesses

Cruel and unusual punishment

Double Jeopardy