Civil Liberty.docx - Civil Liberties Themes The exercise of some rights may depend on the use of others RIghts are not absolute can come into conflict

Civil Liberty.docx - Civil Liberties Themes The exercise of...

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Civil Liberties Themes The exercise of some rights may depend on the use of others. RIghts are not absolute ( can come into conflict with other rights or societal goods) Freedom of religion vs. public safety Privacy rights vs. war on terror Framer’s Intentions for the Bill of RIghts Sets limits on federal government action Not individuals or states Check on popular rule Nationalization (incorporation) of the BOR Gradual process of applying the BOR to the states. The 14th Amendment’s due process clause “No state may deprive citizens of their life or liberty w/o due process of law.” (1868) Gitlow v. New York (1925) 1st case to begin selective incorporation (free speech) Incorporation Doctrine 1st Amendment applies to the national government 1st amendment affects the 14th amendment which does affect the states First Amendment Center Poll Are we more willing to give up our freedoms when we feed threatened? 48% of people didn’t agree with the 1st amendment in 2002. Two Religion Clauses Establishment Clauses Cases where the government promotes a religion or religious activities “Wall of separation” between the church and state Free exercise clause Cases where the government restricts religious action by citizens Free Speech- Unprotected Speech “Obscenity” It is NOT protected expression Includes child pornography Miller v. California (1973) Cohen v. California (1971) Vulgar or indecent speech is protected by 1st Amendment. It
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  • Spring '16
  • Mast
  • Government, 14th Amendment, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Federal Government Action, Amendment Center Poll

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