1. Civil Liberties: Freedom and Government Authority in Tension
Chapter 4

2. 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

3. 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

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

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

6. 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

7. 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”

8. 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

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

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

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

14. Differences in Support for Abortion by Group