Unit 6

Unit 6

Civil Liberties and Rights Background Distinction Sources of Protection Nature People Granted Impact of Federalism • • • •

Bill of Rights Incorporation of 14th Amendment++ 9th Amendment Cases?

Freedom of Religion Gitlow v NY Establishment clause • Accomodationist view • Separationist view

Lemon v. Kurtzman: Lemon Test • Nonsecular Purpose • Advances or inhibits religion • Excessive entanglement w/ Gov

Key Rulings

Free Religion Continued

Free Exercise clause

Article 6 of Constitution bans religious qualification to hold office

Freedom of Speech

Tests:

• Bad Tendency • Clear and Present Danger • Preferred position • Overbreadth • Vagueness • Prior Restraint • Least Dramatic Test • Fighting Words • Centrality of Political Speech • Symbolic Speech • Sedition

Freedom of the Press 14th Amendment Areas of Controversy • • • • • • • •

Right of Access Executive Privilege Gag Orders Shield Laws Defamation Obscenity Student Press Regulation

Freedom of Assembly and Petition Freedom of Petition • • • •

Right to ask for government action Justification for Lobbying Political v. Personal associations Hatch Act

Assembly • Government may regulate place and manner • Heckler’s veto • Public not private

Struggle for Equal Rights Women Blacks Hispanics Asians

Native Americans Whites? Arab?

Equal Protection Under the Law Discrimination Test use to determine discrimination • Rational Basis • Suspect Classification • Quasi-Suspect Classification • Fundamental Rights Test

Barriers to Voting 15th Amendment Literacy Test: Banned by VRA 1965 Poll tax: Banned by 24th Amendment Grandfather Clause: Declared unconstit.

Voting Rights Act 1965 • Private Discrimination • Public Response

Civil Rights Act 1964 Civil Rights Act 1968

Citizenship Methods of acquisition • Birth • Jus Soli: right of birth • Jus sanguinis: right of blood • Naturalization

Losing • Expatriation • Denaturalization

Aliens

Life, Liberty, Property Property Rights v Public Welfare • Eminent domain

Due Process • Procedural • Substantive • Classifications

Arrests, Questioning, and Imprisonment Arrests Searches Protection against self-incrimination Police questioning

Habeas Corpus Ex Post Facto Bill of Attainder

Rights of the Accused Counsel Excessive Bail Speedy and Public Trial Grand Jury Indictment Trial by Jury Witnesses Cruel and unusual punishment Double Jeopardy