chapter4_5 - Civil Liberties Individual rights protected by...

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Civil Liberties Individual rights protected by the Constitution against the powers of government The Bill of Rights Content of the Bill of Rights 1 st 4 th 5 th 6 th 8 th 9 th 10 th Incorporation of the Bill of Rights 14 th Amendment The 1 st Amendment expression, speech press & assembly Schenck v US (1919) Clear and Present Danger Test Dennis v. US (1951) Bad Tendency (Gravity and Probability) Test Brandenburg v. Ohio (1969) Incitement Test Prior restraint (gags) Obscenity Libel Symbolic speech 1 st Amendment Religion Free Exercise Clause Belief vs. action Establishment Clause Lemon v. Kurtzman (1971) – Lemon Test Secular purpose Neutral Avoid entanglement Prayer in schools Religious observance in public places Rights within the criminal justice system Due Process Legal guilt Presumption of innocence 4 th Amendment Warrant requirement Reasonableness requirement Probable cause requirement
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