Civil Liberties v/s Civil Rights

Civil Liberties- Protections of citizens from unwarranted government action

Civil Rights- Describes a governments responsibility to protect citizens

Bill of Rights – What is it? What liberties does it contain? Supporters and Opponents? Why did some oppose?

First 10 amendments of the US Constitution. Contains freedom of speech, press, and religion. Supporters are antifederalists. Opposers are federalists because they thought it would be unnecessary and dangerous

Bill of Rights – Year? Why adopted?

Adopted in 1791; adopted because the anti federalists saw potential abuses of power without it.

1 st Amendment – What? Role with national government?

Freedom of religion, freedom of speech/press, and freedom of assembly and petition. Role with national government is "Congress shall make no law."

Establishment Clause v/s Free Exercise Clause – What? Examples?

Establishment clause- Sets up a wall of separation between church and state. Examples: Prayer, religious objects, funding, pledge, money

Free exercise clause- Right to believe and practice religion of your choice or to a nonbeliever. Examples: Native Americans smoking peyote, Hobby Lobby, COVID religious services

Free Speech – Guarantees? Types protected and not protected. Why important for democracy?

Protects speech even when the ideas put forth are thought to be illogical, offensive, immoral, or hateful. Protected speech- Political speech, truth, and symbolic speech. Unprotected speech- Speech that is intended and likely to provoke imminent unlawful action. Important for a democracy because it helps us develop better laws and policies through challenge, rebuttal, and debate.

Slander v/s Libel

Slander- Spoken

Libel- Written

Speech Plus – What? Examples?

Private action restricting speech

Examples- Picketing and distributing leaflets

Clear and Present Danger?

Political speech

Absolutely v/s Conditionally Protected Speech – which is the most protected type of speech?

Absolutely protected speech- Political speech

Conditionally protected speech- Expressive speech

Absolutely protected speech is more protected

Fighting Words – What? Protected?

Expressive speech that directly incites physical conflict. No it is not protected

Obscenity and Pornography – how defined?

Obscenity- Speech or writing that appeals to the "prurient interest"

Pornography- Hard to define, "I know it when I see it."

Rights to Assembly and Petition & Freedom of Press & Prior Restraint

Rights to assembly and petition: The right of the people peaceably to assemble, and petition the government for a redress of grievances

Freedom of press & prior restraint: Government cannot prevent the media from publishing information. Protected against prior restraint

Due Process of Law – What? Where is it found?

Rights of the accused.

In the 4th, 5th, 6th, and 8th amendments

2 nd Amendment – what? Controversies? Main reason for it?

Right to bear arms

Controversies- Limits, cannot ban in homes, can regulate firearm access

Main reason- Gun control

3rd Amendment

Cannot quarter soldiers in someone's home without the home owners consent

Fourth – 6 th Amendments – Protections? Guarantees?

4th amendment: Protects against unreasonable searches and seizures.

5th amendment: Right to a grand jury- Evidence for a trial. Protection against Double Jeopardy and self incrimination

6th amendment: Right to councel, right to a speedy trial, and right to an impartial jury

Exclusionary Rule, Anticipatory warrants, Miranda Rights

Exclusionary Rule- Evidence obtained illegally is not admissible

Anticipatory Warrants- Warrants issued when the police know that incriminating material is not yet present at a particular location but have reason to believe that it will eventually arrive

Miranda Right- Right to remain silent

Self-Incrimination

Miranda Rule

Grand Jury

A body of citizens that must agree that a prosecutor has sufficient evidence to being criminal charges against a suspect

Double Jeopardy

Established the principle of selective incorporation of the Bill of Rights.

Eminent Domain and Takings Clause

Eminent Domain and Takings Clause- Government can take private property for public use

8th Amendment – Protections? Role of states?

Protects against cruel and unusual punishment. Restricts punishments and fines that can be imposed on those accused or convicted of crimes

Right to Privacy – What issues fall under here? Cases? Supreme Court’s decisions?

Issues: Not expressed, implied power via 1, 4, and 9th amendments. Cases: Birth control, abortion, homosexuality, and right to die. Supreme Courts decision: Argued that a relationship between privacy and freedom of political expression lies at the heart of the 4th amendments prohibition of unreasonable searches