Politics Final

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Created by:

alexmarie523  on May 4, 2010

Subjects:

Civil Liberties

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Politics Final

civil liberties
rights that cannot be taken away
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civil liberties rights that cannot be taken away
14th Amendment Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
freedom of religion People shall be free to exercise their religion, and government may not establish a religion. (est. clause and free exercise clause)
establishment clause congress shall make no law respecting an establishment of religion
free exercise clause congress cannot prohibit you from practicing religion
freedom of expression right of people to speak, publish, and assemble
Justice Black "the ♥ of our govt" open atmosphere, encourage variety of opinions, raises participation, promotes a stable society
open atmosphere individual able to develop personalit to the fullest
encourage variety of opinions advances knowledge and discovery of truth
raises participation help people participate so govt listens to them
promotes a stable society channeling everyone's opinions to do so
ideas outside of protections obscenity, slander, fighting words, hate speech
obscenity not always clear
slander ideas which are false and intended to defame the character of someone
fighting words slurs that provoke violence
hate speech abusive speech attacking an individual's race, religion, or other characteristics.
freedom of press not protected (obscene and pornographic press and libel), concerns over how info was obtained
libel slander in written form
prior restraint the government asking the press to hold a story (dont have to obey)
right to assemble govt cannot stop it, can require permits but cannot be selective
issues of privacy no explicit right, means a right to autonomy
Justice Bandeis "right to be left alone" (privacy)
examples of privacy birth control (warren court est. privacy, griswold v. connecticut), abortion (roe v. wade, unclear when life begins), right to die (nancy cruzan, "living will")
griswold v. connecticut prohibited using or distributing contraceptives
roe vs. wade the U.S. supreme Court ruled that there is a fundamental right ro privacy, which includes a woman's decision to have an abortion. Up until the third trimester the state allows abortion.
nancy cruzan Comatose after automobile accident in 1983 and after 5 years of being in a persistent Vegetable state was taken off life support.
living will An advance directive that specifies an individual's end-of-life wishes
defendant's rights innocent until proven guilty, (4th-6th, 8th amendments)
4th amendment No unreasonable searches or siezures, no arrest except on probable cause
5th amendment no coerced confessions, no self-incrimination (dont have to testify againt yourself), no double jeopardy (cannot be tried twice if you have been acquitted)
6th amendment right to a speedy and public trial. right to a fair jury. right to know what you are being accused of. right to see/hear witnesses against you. right to have a witness to help defend you. right to a lawyer.
8th amendment No cruel and unusual punishments, reasonable bail
miranda ruling requires police to inform you of your rights
limitations of police miranda ruling, right to an attorney, exclusionary rule
exclusionary rule prohibits admission to illegally seized evidence

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