Civil Liberties: Freedom and Government Authority in Tension Chapter 4

The Bill of Rights Origins of the Bill of Rights A desire for a Bill of Rights came about through a fear that a centralized national government would become tyrannical Opponents of a Bill of Rights felt: Separation of powers and checks and balances would protect individual liberties and prevent government tyranny A Bill of Rights would limit individual liberties to those enumerated

The Bill of Rights Incorporation of the Bill of Rights Incorporation: The application of the Bill of Rights to state and local governments Eminent domain Fourteenth Amendment Due Process Clause Selective incorporation

Freedom of Expression First Amendment Political dissent Clear and present danger test Pornography and offensive speech Fighting words Hate speech

Freedom of Expression First Amendment (cont.) Freedom of the press Prior restraint Libel FCC and broadcast radio and television

Freedom of Expression First Amendment (cont.) Freedom of religion Establishment of religion Establishment Clause Separation of church and state Free exercise of religion Free Exercise Clause Employment Division v. Smith (1990) See “Our Voices: The Right to Practice Nontraditional Religions and Employment (Division v. Smith)” EEOC, Abercrombie & Fitch, and wearing a hijab

Criminal Justice Investigation Fourth Amendment Search warrant Probable cause Exclusionary rule Racial profiling “Evaluating Equality: Recognizing and Debating Conflicting Values in Political Cartoons on Racial Profiling in Fighting Terrorism”

Criminal Justice Investigation (cont.) Trial Fifth Amendment Miranda v. Arizona (1966) Miranda rights Trial Sixth Amendment Speedy trial Right to trial by impartial jury Peremptory challenges

Criminal Justice Punishment Eighth Amendment Restriction on excessive bail and fees Restriction on cruel and unusual punishment

Privacy Personal autonomy Sexual relations between consenting adults Bowers v. Hardwick (1984) Lawrence v. Texas (2003) Right to die

Privacy Reproductive freedom Griswold v. Connecticut (1965) Roe v. Wade (1973)

Differences in Support for Abortion by Group