ap government. civil liberties civil liberties are individual’s legal and constitutional...
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CIVIL LIBERTIES
AP GOVERNMENT
CIVIL LIBERTIES
Civil Liberties are individual’s legal and constitutional protections against the government.
Although our civil liberties are set down in the Bill of Rights; the courts, police, and legislatures define their meaning.
Bill of Rights
The Bill of Rights and the StatesThe Bill of Rights is the first 10
amendments.Written to restrict the national
government.Most are “incorporated” into state and
local laws.
A literal meaning of the First Amendment suggests that it does not prohibit a state government from passing a law prohibiting the free exercise of religion, free speech, or freedom of press
Due Process Clause: Contained in the 5th and 14th Amendments, guarantees individuals a variety of rights
Substantive due process: protects citizens from arbitrary or unjust state or federal laws
INCORPORATION DOCTRINE
○Incorporation Doctrine: The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the States through the 14th Amendment
FREEDOM OF RELIGION
Establishment Clause: Part of the first amendment stating that Congress shall make no law respecting an establishment of religion
The Free Exercise Clause:Prohibits government from interfering
with the practice of religionSome religious practices may conflict
with other rights, and then be denied or punished
FREEDOM OF EXPRESSION
Prior restraint: Censorship- A government preventing material from being published. This is a common method of limiting the press in some nations but the First Amendment deems this to be unconstitutional in most cases.
LIBEL
The publication of false or malicious statements that damage someone’s reputation
Symbolic Speech:
nonverbal communication such as burning the American flag. Some symbolic speech is protected under the 1st Amendment.
Action cannot be seen as a threat!!
Commercial Speech: Communication in the form of advertisement
FREEDOM TO ASSEMBLE
It is the basis for forming interest groups, political parties, and professional associations as well as picketing and protesting.
Time, place, and manner restrictions enforced
4th Amendment: Search & Seizure
Defendant’s Rights Probable Cause: when the police have reason to
believe that a person should be arrested Unreasonable Searches and Seizures: Obtaining
evidence in a haphazard or random manner Mapp v. Ohio (Exclusionary Rule)
Exclusionary Rule: Evidence, no matter how incriminating cannot be introduced into a trial if it was not constitutionally obtained
Search warrant: A written authorization from a court specifying the area to be searched and what the police are searching for
5th Amendment: Self-Incrimination and Double Jeopardy
Self-IncriminationThe situation occurring when
an individual accused of a crime is compelled to be a witness against himself or herself in court
Miranda v. Arizona (1966)
6th Amendment: Right to Counsel
The state must provide lawyers in most criminal cases.
Gideon v. Wainwright (1963) Right to speedy and public
trial by an impartial jury
8th Amendment: Cruel and Unusual Punishment
The Death PenaltyVaries from state to stateCannot be mandatory
“RIGHT TO PRIVACY”
Is There a Right to Privacy?The right to a private personal live
free from the intrusion of government.
Not explicitly stated in the Constitution
Implied by the Fourth AmendmentVery debatable
Understanding Civil Liberties
Civil Liberties and DemocracyPeople need the right to express
themselves.Courts continue to define the limits of
civil liberties. Civil Liberties and the Scope of
GovernmentMust decide the line between freedom
& orderCivil liberties limit the scope of
government