chapter_5 - Civil Liberties The Constitution actually...

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1 Civil Liberties The Constitution actually acquired civil liberties protections in several steps: The Bill of Rights. Barron v. Baltimore (1833). The Fourteenth Amendment was intended initially to protect former slaves
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2 Incorporation via the Fourteenth Amendment In 1873 the Supreme Court rejected its first chance to incorporate the Bill of Rights into the Fourteenth Amendment. Slaughterhouse cases. privileges and immunities Court (5 to 4) ruled that it did not violate the Fourteenth Amendment Selective incorporation
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3 Judicial Interpretation Incorporation did not happen through legislative mandate or the amendment process, but through judicial interpretation . While interpretations are meant to be “objective,” they vary due to justices’ ideological preferences.
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4 Freedom of Speech Freedom of speech is essential to representative government and the exercise of individual autonomy. Schenck v. United States (1919) Clear and present danger test
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5 Nonthreatening Speech and Expression Court decisions have supported the ability of unpopular groups to express their beliefs. Ku Klux Klan National Socialist Party After 9/11 personal freedoms may have been reduced
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Early Censorship Until the 1950s obscenity was left to the locals -- librarians, postmasters, and movie censors. What is obscenity?
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This note was uploaded on 03/31/2008 for the course HIST 001 taught by Professor Jasonstrandquist during the Spring '08 term at Pennsylvania State University, University Park.

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chapter_5 - Civil Liberties The Constitution actually...

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