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Civil_Liberties_review Powered By Docstoc
					                                    Civil Liberties
      Personal rights and freedoms that the government cannot abridge, either by law,
       constitution, or judicial interpretation
      Limits power of government over the individual

Incorporation Doctrine
            The protections of the 14th Amendment extend also to the citizens within the state
               Barron v. Baltimore 1833 – National power limited
           14 Amendment 1868
            Gitlow v. NY 1925 – Free speech extends to citizens within the state
            Near v. Minnesota 1931 - Free press and Due Process extends to states

1st Amendment
     Freedom of Religion
       Establishment and Free Exercise
               Engel v. Vitale 1962 – No school prayer
     Lemon Test
           1. Secular purpose
           2. Neither advances nor prohibits religion
           3. can not foster excessive government entanglement with religion

      10 Commandments – Unconstitutional in school – no secular purpose
      Voluntary bible study and religious education OK as along as other non religious options
       are available

Free Exercise
    When secular law conflicts with religious practice – Free exercise is often denied

Free Speech
    Obscenity, libel, lewdness, and fighting words are NOT protected
    Alien and Sedition sunset prior to Constitutional ruling
    War times – Extraordinary circumstances
              Civil War – Lincoln arrests newspaper editors
              Sedition prosecutions common through 1910s
   Schenk v. US 1919 – Clear and Present Danger – NOT protected
        1969 – Direct incitement – Government prove a likelihood of imminent harm to be
        NYT v. Sullivan 1964 – public figures must prove “actual malice” to prove libel

New Problems for SC – Internet speech and pornography

Symbolic speech – Tinker v. Des Moines 1969
Prior Restraint – NYT v. US 1971 – NYT couldnot be stopped from printing secret documents
2nd Amendment
     US v. Miller 1939 – limitations placed on Automatic weapons and sawed off shotguns
     Last time SC directly ruled on 2nd Amendment
     Recently ruled provisions of Brady Bill waiting periods and background checks as
     Violates State Sovereignty

Rights of criminal defendants 4th, 5th , 6th , and 8th
    4th Search and seizure
       Unreasonable search and seizure
    Warrantless Searches
           1. Plain view
           2. areas of immediate control
           3. airports
           4. hot pursuit
           5. exigent circumstance
           6. open fields
           7. consent
           8. stop and frisk – Terry law

Weeks v. US 1914 – Exclusionary rule “Fruit of the forbidden tree” illegally obtained evidence is
                  Good Faith exceptions
Mapp v. Ohio – Incorporation Doctrine for illegal searches

5th amendment – Miranda v. Arizona 1966
6th Amendment – Gideon v. Wainwright 1963 Lawyer necessity not luxury - Incorp Doc
8th Amendment – Furman v. Georgia 1972 – DP uncon if arbitrary and capricious
                Gregg v. Georgia 1976 – Georgia DP is Constitutional
                  Court reluctant to overrule state decisions
                  Exceptions
                       1. Age
                       2. Mental ability

Privacy rights
     Abortion Roe v. Wade 1973 States cannot outlaw, can limit and restrict
     Right to Die
     Homosexuality – Bowers v. Hardwick and Lawrence/Gardner v. Texas

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