9/12/2015
Roots of Civil Liberties:
The Bill of Rights
4.1
 The Incorporation Doctrine: The Bill of
Rights Made Applicable to the States
 Selective Incorporation and Fundamental
Freedoms
American Government: Roots and Reform, 2014 Election Update, 12e
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The Incorporation Doctrine:
The Bill of Rights Made
Applicable to the States
4.1
 Fourteenth Amendment
 Bill of Rights applies to actions of states, not just federal
government.
 Due process clause
 Applied to Bill of Rights
 Substantive due process
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Selective Incorporation and
Fundamental Freedoms
4.1
 Fundamental freedoms protected under
selective incorporation
 Rights that states must protect
 Freedom of press
 Freedom of speech
 Freedom of assembly
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First Amendment Guarantees:
Freedom of Religion
4.2
 The Establishment Clause
 The Free Exercise Clause
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The Establishment Clause
4.2
 Separation of church and state
 Lemon test
 Must have secular purpose
 Must not advance or prohibit a religion
 Must not entangle government with religion
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4.2
Free Exercise Clause
 Free exercise clause not absolute
 Some religious rites considered illegal
 State must provide compelling reason to limit exercise of
religion.
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First Amendment Guarantees:
Freedoms of Speech, Press,
Assembly, and Petition
4.3
 Freedoms of Speech and the Press
 Protected Speech and Press
 Unprotected Speech and Press
 Freedoms of Assembly and Petition
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Freedoms of Speech and the
Press
4.3
 Alien and Sedition Acts
 Censored criticisms of the government
 Slavery, Civil War, and Rights Curtailments
 Speech again censored
 World War I and anti-government speech
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Protected Speech and Press
4.3
 Limiting prior restraint
 Symbolic speech
 Hate speech
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Unprotected Speech and Press
4.3
 Unprotected speech
 Libel and slander
 Fighting words
 Obscenity
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Freedoms of Assembly and
Petition
4.3
 Freedom to assemble hinges on peaceful
conduct.
 Subject to rules regarding free speech
 Right to petition government about issues
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Second Amendment: Right to
Keep and Bear Arms

Included to prevent Congress from disarming state militias

Dred Scott v. Sandford (1857)
4.4
 The right to bear and carry arms a basic right of citizenship
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4.5
The Rights of Criminal
Defendants
 The Fourth Amendment and Searches and
Seizures
 The Fifth Amendment: Self-Incrimination
and Double Jeopardy
 The Fourth and Fifth Amendments and the
Exclusionary Rule
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Rights of Criminal Defendants
4.5
 The Sixth Amendment and the Right to
Counsel
 The Sixth Amendment and Jury Trials
 The Eighth Amendment and Cruel and
Unusual Punishment
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The Fourth Amendment and
Searches and Seizures
4.5
 Protection from unreasonable searches
 Warrants
 Probable cause
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The Fifth Amendment : SelfIncrimination and Double
Jeopardy
4.5
 Protection against self-incrimination
 Miranda v. Arizona (1966)




Right to remain silent
Knowledge that what you say can be used against you
Right to an attorney present during questioning
Right to have an attorney provided if you cannot afford
one
 Double jeopardy
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4.5
The Fourth and Fifth
Amendments and the
Exclusionary Rule
 Mapp v. Ohio (1961)
 Exceptions to the exclusionary rule
 'Good faith' mistakes
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The Sixth Amendment and
Right to Counsel
4.5
 Sixth Amendment right to attorney
 Gideon v. Wainwright (1963)
 State must provide attorney for indigent
 Right to counsel begins with first appearance before a
judge
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The Sixth Amendment and
Jury Trials
4.5
 Speedy and public trial by impartial jury
 Right to confront witnesses
 Jury of peers
 Racial peers
 Gender
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The Eighth Amendment and
Cruel and Unusual Punishment
4.5
 Cruel and unusual punishment not defined
 Furman v. Georgia (1972)
 Protecting the wrongfully convicted
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4.6
Right to Privacy
 Birth Control and Contraceptives
 Abortion
 Homosexuality
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4.6
Birth Control and
Contraceptives
 Right of women to obtain contraceptives
 Griswold v. Connecticut (1965)
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4.6
Abortion
 Roe v. Wade
 Prohibits state bans on abortion
 Planned Parenthood v. Casey (1992)
 Restrictions cannot place undue burden on woman.
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4.6
Homosexuality
 Right to privacy extends to private sexual
behavior
 Lawrence v. Texas (2003)
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9/12/2015
Toward Reform: Civil Liberties
and Combating Terrorism
4.7
 The First Amendment
 The Fourth Amendment
 Due Process Rights
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4.7
The First Amendment
 USA PATRIOT Act
 Limits on freedom of speech
 Constraints on media
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The Fourth Amendment
4.7
 The USA PATRIOT Act and impact on
illegal search and seizure




Private records
Search of private property
Collection of foreign intelligence
Information about who is sending and receiving
communications
American Government: Roots and Reform, 2014 Election Update, 12e
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9/12/2015
4.7
Due Process Rights
 Reduced rights of habeas corpus
 Detention facilities
 Right to trial by jury
 Cruel and unusual punishment
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