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Unformatted text preview: Chapter Four Civil Liberties: Protecting Individual Rights Chapter Outline I. Freedom of Expression A. The Early Period: The Uncertain Status of the Right of Free Expression B. The Modern Period: Protecting Free Expression 1. Free Speech 2. Press Freedom and Prior Restraint C. Free Expression and State Governments 1. The Fourteenth Amendment and Selective Incorporation 2. Limiting the Authority of States to Restrict Expression D. Libel and Slander E. Obscenity II. Freedom of Religion A. The Establishment Clause B. The Free-Exercise Clause III. The Right of Privacy A. Abortion B. Sexual Relations Among Consenting Adults IV. Rights of Persons Accused of Crimes A. Selective Incorporation of Procedural Rights B. Limits on Defendants’ Rights 1. The Exclusionary Rule 2. Habeas Corpus Appeals C. Crime, Punishment, and Police Practices V. Rights and the War on Terrorism A. Detention of Enemy Combatants B. Surveillance of Suspected Terrorists VI. The Courts and a Free Society Chapter Summary In their search for personal liberty, Americans added the Bill of Rights to the Constitution shortly after its ratification. These amendments guarantee certain political, procedural, and property rights against infringement by the national government. Freedom of expression is the most basic of democratic rights. People are not free unless they can express their views without fear of reprisal. Nevertheless, free expression may conflict with the nation’s security needs during times of war and insurrection. The courts at times have allowed government to limit expression substantially for purposes of national security. In recent decades, however, the courts have protected a very wide range of expression in the areas of speech, press, and religion. The guarantees embodied in the Bill of Rights originally applied only to the national government. Under the practice of selective incorporation, the Bill of Rights has been applied to state governments as well, though slowly and unevenly. In the 1920s and 1930s, First SG – 4 | 1 Amendment guarantees of freedom of expression were given protection from infringement by the states. The states continued to have wide discretion in criminal proceedings until the early 1960s, when most of the fair-trial rights of the Bill of Rights were given federal protection. Due process of law refers to legal protections that have been established to preserve individual rights. The most significant form of these protections consists of procedures or methods (for example, the right of an accused person to have an attorney present during police interrogation) designed to ensure that an individual’s rights are upheld. A major controversy in this area is the breadth of the exclusionary rule, which bars the use in trials of illegally obtained evidence. The right of privacy, particularly as it applies to the abortion issue, is also a source of controversy....
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This note was uploaded on 07/13/2009 for the course POLITICAL PSCI 231- taught by Professor Knight during the Spring '09 term at Chadron State College.
- Spring '09