Chapter 5: Civil LibertiesThe Courts & Conflicts Over Civil Liberties★Civil Liberties - rights (chiefly, rights to be free of government interference) accorded toan individual by the constitution like free speech and free press★Civil Rights - protection from discrimination based on race, gender, or another minoritystatus○Equal Pay Act of 1963, Civil Rights Act of 1964➔Competition over civil liberties becomes obvious when one person asserts oneconstitutional right or duty & another person asserts a different one◆To address these conflicts, courts must weight which constitutional protectionmerits higher protection●Ex. War usually restricts the liberty of some minority (Sedition andEspionage Act)◆Law is enacted to protect the nation from threats but dismiss the liberties likefreedom of speech➔Ethnic, religious, and cultural differences have given rise to different views as to themeaning and scope of certain constitutionally protected freedoms◆Ex. Boy Scouts didn’t let gay men to be leaders and the court ruled that theScouts could do this because it was a private organization➔Liberties detailed in the Bill of Rights would only be applied to the federal government◆In 1833, the Supreme Court was unsure on what the constitution could dowithin the states but change occurred after civil war★Due Process of Law - denies the government the right, without due process, to deprivepeople of life, liberty, and property○Defined through 6th amendment and Gideon V. Wainwrightcase■Speedy and public trial■Fair jury present during trial■Right to counsel (lawyer)●Escobedo V. Illinoisestablished right to counsel during anytime■Cross examine witness and■Told what charges are against you★Equal Protection of the Laws - standard of equal treatment that must be observed bythe government○No state could deprive citizens of property without just payment➔14th amendment nationalized the Bill of Rights making them applicable to states◆“No state shall deprive any person of life, liberty, and property without dueprocess of law, nor deny to any person within its jurisdiction the equal protectionof the laws”◆For all the amendments to be applied, they must be incorporated throughsupreme court cases★Selective Incorporation Process - process whereby the court has applied most parts ofthe Bill of Rights to the states through court cases
➔Dual Citizenship◆Supreme Court rules under Barron V. Baltimore (1833)that the nationalgovernment is restricted by the B of Rs but not the states●Americans were citizens of the US and separately citizens of their ownstates◆Bill of Rights were not applied to the states at the timeFirst Amendment and Freedom of Expression★Freedom of expression - right of people to speak, publish, and assemble★Freedom of religion - people shall feel free to exercise their religion and governmentmay not establish a religion➔Free press is essential to a free state and the press should enjoy freedom from priorrestraint★
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- Fall '19
- Supreme Court of the United States, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution