POLS 110 Civil Liberties

Civil Liberties

Specific individual rights are protected against infringement by the government.

Bill of Rights

10 amendments list the rights that the government is obliged to protect.

What is the purpose of the Bill of Rights?

To protect the existence of democracy.

What did Anti-Federalist Brutus argue in Essay No. 2?

When a social contract is implemented, individuals do not give up their rights.

What did Hamilton argue in Federalist Paper No. 84?

Having the bill of rights was unnecessary. Article 1 Section 8 did not include Congressional Power to suppress speech, impose religion, and torturing people.

What are ways to amend the Constitution?

2/3s vote by both chambers or 2/3s vote by state legislature calling a constitutional convention. After that, 3/4s vote by the state legislature or 3/4s vote of the states creating separate, individual constitutional convention.

Why freedom of expression is important?

Important for democracies to function.

What are 2 ways government might regulate speech

Method of speech and the content of speech.

Viewpoint discrimination

A topic is discussed, but one side of that topic is allowed to be represented.

Total incorporation

Application of all protections contained in the Bill of Rights to the states. Requires states to uphold all freedoms in the Bill of Rights.

Selective incorporation

The Supreme Court applied those freedoms and principals to the states, rejecting total incorporation.

Marketplace of ideas

Based on the belief that true and free political discourse depends on free and unrestrained discussion of ideas.

Clear and present danger test

Government may silence speech or expression when there is clear and present danger.

Bad tendency test

Speech that causes crimes or disturbing the peace can be silenced.

Clear and probable danger test

Government could suppress speech to avoid grave danger, even the probability of dangerous results was remote.

Imminent lawless action test

Speech is restricted only if it goes beyond advocacy or immediate disorder.

Symbolic Speech

Picketing, flag burning, or wearing armband to signify protests.

Commercial speech

States describing products.

Establishment clause

1st Amendment clause barring the government from passing any law is interpreted.

Free Exercise Clause

1st Amendment clause prohibiting the government from enacting laws prohibiting individuals practice of his/her religion.

Exclusionary rule

Evidence obtained illegally cannot be used in trial.

Due process

Prevent the government from arbitrarily depriving citizens of life, liberty, or property.

Lemon Test

Whether government aid to parochial schools is constitutional.

Miranda Rights

Requires police to inform criminal suspected on their arrests; 1. right to remain silent. 2. right to counsel.

What does the Court view the Internet to be more like?

Print media

Intelligent design

Design in the universe and living things is the product of intelligent cause rather than undirect process.

Prior restraint

Censorship by the government where it blocks publication of news stories viewed as harmful.