Chapter 4.docx - 1 Expound on Civil Liberties Civil liberties Specific individual rights that are constitutionally protected against infringement by

Chapter 4.docx - 1 Expound on Civil Liberties Civil...

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1. Expound on Civil Liberties Civil liberties: Specific individual rights that are constitutionally protected against infringement by govt. US v Jones: Court rejected the government’s argument that attaching device to a car’s undercarriage was too insignificant an act to establish an “unreasonable search.” Freedom of Expression Most basic of democratic rights, limited 14 th amendment protects individual rights from action by state/local govt Individual Rights: constantly weighed against collective interests of society Judiciary: Plays central role, most protective of civil liberties 2. Bill of Rights, 14 th amendment, selective incorporation BoR (1791) Demanded bc of const. failure to enumerate individual freedoms First only applied to fed govt. not state BC of 14 th amendment, BoR protected from states Congress passed Reconstruction Act (placed southern states under military rule) until they ratified 14 th amendment Amendment includes due process clause: “No state shall deprive any person of life, liberty or property w/o due process of law” Court invalidated state laws restriciting expression in areas of: Speech (fiske v. Kansas), Press (Near v. Minnesota), Religion (Hamilton v. Rengents, University of California), Assembly + petition (DeJonge v. Orgeon), Unreasonable searches/seizures (Mapp v. Ohio) In those rulings, Court was applying selective Incorporation doctrine The use of due process clause of 14 th amendment to apply selected provisions fo BOR to states 3. Freedom of Expression Some forms of expression are not protected by 1 st Congress ignored this when they released sedition acts When TJ became pres, he pardoned those convicted under it Free Speech Free to say almost anything inless it is obscene, slaner, or jas a chance of making ppl take imminent lawless action Restrictions 1917 espionage act: prohibited forms of disagreement that could have harmed nations efforts in ww1 Shenck v. US (1919): Ppl distributed leaflets urging men to not join military. Was

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