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lecture 8--Civil Liberties

lecture 8--Civil Liberties - Civil Liberties 1 Does the...

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Civil Liberties 1. Does the free speech merit special status compared to other rights in democracy? a. In the case of Miller vs. California (1973) The court suggested the following guidelines i. The work taken as a whole appeals to prurient interests ii. The work portrays sexual conduct in a patently offensive way iii. The work taken as a whole lacks serious literary, artistic, political or scientific value b. Freedom of Religion i. Criteria established in Lemon Kurtzman (1971) 1. Secular purpose 2. Primary effect neither enhances nor inhibits religion 3. Does not foster excessive government entanglement in religion ii. More Current interpretations follow the idea of “neutrality” including a decision in 2002 to allow vouchers use for parochial schools (Zelman v. Shummons- Harris). c. Some cases dealing with procedural due process i. Mapp v. Ohio (1961) 1. (warrant yet) unreasonable search and seizure ii. Gideon v. Wainright (1963) 1. Right to council iii. Miranda v. Arizona (1966) 1. Right to remain silent iv. US v. Leon (1991) 1.
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