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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 statemay deprive citizens of their life or liberty w/o due process oflaw.” (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 religiousactivities■“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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Government,14th Amendment,First Amendment to the United States Constitution,Fourteenth Amendment to the United States Constitution,Federal Government Action,Amendment Center Poll