Civil Liberties

What are civil liberties?

Constitutionally established guarantees that protect citizens, opinions, and property against gov interference

What is due process?

Legal safeguards that prevent the gov from depriving citizens of life, liberty, or property

What did the constitutional framers intend for the bill of rights to do?

To restrict the powers of the national gov only

Why weren’t the bill of rights not seen as applicable to the states?

Little worry that states would curtail civil liberties, state govs are closer to the people and would be less likely to encroach on anyones rights

What did the 14th amendment do?

Extended the protections of the bill of rights to interactions with state govs

Total incorporation vs Selective incorporation?

Total incorporation would apply all the BOR protections to the states while selective incorporation considers each protection individually to see if it needs to be included in the 14th amendment

How was the 2nd amendment originally interpreted by the Supreme Court? How do they interpret it now?

The right to bear arms is a group right subject to regulation by congress and states, Now it is an individual right

Why is there a struggle between freedom and order?

There is an inherent conflict between individual freedoms and gov order

What is habeas corpus?

Protects individuals in custody from being held without the right to be heard in a court of law

What is the clear and present danger test?

The gov can silence speech or expression where there is clear and present danger that the speech will bring

What is the bad tendency test?

Any speech with the likelihood of inciting crime or disturbing public peace can be silenced

What is the clear and probable danger test?

Gov can suppress speech to avoid grave danger even if the possibility is remote

What is the imminent lawless action test?

Speech is restricted only if it goes beyond mere advocacy or words to create a high likelihood of lawlessness

What is symbolic speech?

Nonverbal speech in the form of an action

What is commercial speech?

Advertising statements

What is the difference between libel and slander?

Both are false statements that harm the reputation of another person, libel is written and slander is spoken

What is obscenity?

Indecent or offensive speech or expression

What are fighting words?

Speech that is likely to bring about public disorder

What are time, place, and manner restrictions?

Restrictions regarding when, where, or how expression may occur

What is the establishment clause?

1at amendment clause that bars the gov from passing any law that establishes religion

Separation vs Neutrality vs Accommodation (Interpretation of the establishment clause)

Separation is the complete barring of gov support for religions, neutrality permits some gov support as long as it is provided to all groups, accommodation only bars establishment of an official religion

What is the lemon test?

Three part test to determine whether gov aid to religious schools is constitutional

What is the free exercise clause?

Prohibits the gov from enacting laws that prohibit someones religious practice

What is the right to privacy?

The right of an individual to be left alone and make decisions freely without the interference of others

What amendments add to the right to privacy?

1st, 3rd, 4th, 5th, 9th

What are criminal due process rights?

Safeguards for those accused of crime

What does the 4th amendment protect against?

Unreasonable search and seizures

What is the exclusionary rule?

Evidence obtained illegally cannot be used in a trial

What do the 5th and 6th amendments do?

The 5th bars double jeopardy and compelled self-incrimination. the 6th establishes the right to a speedy and public trial

What does the 8th amendment protect against?

Protection from cruel and unusual punishment

What is the debate over facial recognition technology?

Potential harm to civil liberties