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Civil Liberties
US Government
| Term | Definition |
|---|---|
| Rights of people to be governed | 14th amendment fundamentally changed the constitution |
| Civil Liberties | -Government may not infringe -"Liberty" -"Due Process" -Bill of Rights |
| 5th Amendment | NO person shall be deprived of life, liberty, or property, without due process of law |
| Due Process | The legal safeguards that prevent government from arbitrarily depriving citizens of life, liberty, or property -Guaranteed by 5th & 14th amendments |
| 13th Amendment | Abolished slavery |
| 14th Amendment | -Citizenship -Due process -Equal protection |
| 15th Amendment | Voting rights regardless of color |
| How did the 14th amendment change civil liberties? | Changes definition of federalism - "Are citizens of the US and of the state wherein they reside" |
| Civil liberties involve | Due process and equal protection |
| Free Speech | -Speech and symbolic action -Assembly and petition -Press |
| Freedom of Religion | -Establishment clause -Free exercise clause |
| Establishment Clause | USA cannot adopt official religion |
| Free Exercise Clause | Any person can adopt any religion |
| Protected Speech | Political speech protected by constitution; ex- symbolic speech |
| Symbolic Speech | Nonverbal "speech' in the form of an action -kneeling, armband, burning flag |
| Unprotected Speech | Commercial speech, Obscenity, Fighting words |
| Commercial Speech | Afforded limited protection -Tobacco advertising prohibited -Corporate election spending permitted |
| Examples of Commercial Speech | -False written/verbal statements that harm reputation -Libel (written statements) -Slander (verbal statements) |
| Obscenity | Indecent or offensive speech/expression -3 part obscenity test |
| Fighting Words | Speech that inflicts injury or results in public disorder |
| Original silencing test for free speech | Clear and present danger test: does it bring harm the government could have prevented? |
| Current standard for silencing speech | Imminent Lawless Action Test (stricter): does it immediately cause harm or disorder? |
| Selective Incorporation (Was Used) | The Supreme Court individually determined which rights and liberties in the Bill of Rights had to be protected by the states |
| Total Incorporation (Rejected/NEVER used) | Theory that the 14th Amendment's due process clause requires states to uphold all freedoms in the Bill of Rights |
| Not (yet) Incorporated Examples | -Indictment by grand jury -Jury trial in civil case -Prohibition against excessive fines |
| Incorporated Examples | -Freedom of speech -Freedom of assembly -Search and seizure protection -Right to bear arms -Right to marry -Miranda rights |
| Incorporated does not equal ______________ | Permanent |
| Selective incorporation allows | Supreme court to take their time and make decisions about political liberties |
| Strict Scrutiny | Determines legality of suspect classification based discrimination; legal if its necessary means which the gov can achieve a compelling public interest -examples: poisonous snakes in church |
| Heightened Scrutiny (Intermediate) | Determine legality of sex-based discrimination; legal if the gov can prove its substantially related to achievement of important public interest |
| Ordinary Scrutiny (rational basis) | Courts require govs to show differential treatment is rational; means to achieve legitimate public interest -Example: minimum age for working, voting, driving |
Created by:
mgs2498