POLS1300 - Civil Liberties

Personal Liberty

The state of being free within society from oppressive restrictions imposed by authority on one’s way of life

Civil Liberty

Freedoms guaranteed to all individuals of a society and the society as a whole from the government; freedoms protected by the government

Restraint on Government

What the government can’t do; Bill of Rights

Selective Incorporation 

Constitutionally established doctrine which prevents states from passing laws that deprive American citizens of rights protected in BOR and the 14th Amendment 

Establishment Clause

Congress shall make no law respecting the establishment of religion

Free Exercise Clause 

Prohibits government from interfering with free exercise of religion

What is the strongest right in the BOR

Freedom of Speech

Two main types of speech protected by BOR

Symbolic and political

Fighting Words

Personally abusive speech directed at individuals with the intent to provoke violence

Hate Speech

What is the purpose of speech? Does it serve a purpose other than to cause damage or stir violence? 

Libel

Malicious, scandalous, and defamatory written statements 

Right to Bear Arms

Well regulated militia, being necessary to the security of a free state, the right of people to keep and bear arms 

District of Columbia v. Heller

5-4 Supreme Court Decision; government organization can’t ban an entire class of firearms which are all ready in use and serve a viable purpose; 2nd amendment is now unlimited

Third Amendment 

No soldier, shall in time, be quartered in any house, without the consent of the Owner, nor in time of war 

4th Amendment

Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures

6th Amendment

Right to a speedy and public trial and have the assistance of Counsel 

8th Amendment

Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted 

9th Amendment

Rights in the constitution cannot be used against the people and the people have rights not listed in the Constitution

10th Amendment

Powers not delegated to the US by the constitution are reserved to the states, or to the people 

26th Amendment

Right to vote after age 18