1. Political Science American Government and Politics Today Chapter 4 Civil Liberties

2. 4-1 Civil Liberties versus Civil Rights civil liberties involve restraining the government’s action against individuals civil rights are rights all individuals share as provided for in the 14 th amendment, which guarantees equal protection under the law

3. 4-2 Incorporation the Bill of Rights into the Fourteenth Amendment

4. 4-3 Freedom of Religion Separation of Church and State comes from the 1 st amendment establishment clause Everson v. Board of Education (1947)

5. 4-3 Freedom of Religion -(cont.) Contemporary Conflicts: state aid to church-related schools school voucher programs prayer in schools teaching evolution Free Exercise comes from the 1 st amendment

6. 4-4 Freedom of Expression Permitted restrictions –speech that presents a “clear and present danger” –speech that might lead to some “evil” (the bad tendency rule) Protected speech –commercial speech –symbolic speech

7. 4-4 Freedom of Expression- (cont.) Unprotected speech –obscenity –slander –fighting words and heckler’s veto

8. 4-6 Freedom of the Press press has some protection from libel charges libel must be accompanied by actual malice the press is now protected from gag orders during trials, except in unusual circumstances radio and t.v. have much more limited 1 st amendment protections –they are subject to the equal time rule –they are subject to the personal attack rule

9. 4-7 The Right to Assemble and Petition the Government protected by the 1 st amendment can be limited by municipalities right to offer permits for marches has been tested by anti-loitering ordinances aimed at reducing gangs from congregating

10. 4-8 Privacy Rights and Abortion no explicit right to privacy in Constitution Griswald v. Connecticut (1965) -- Supreme Court rules that privacy rights exist –come from the 1 st, 3 rd, 4 th, 5 th and 9 th amendments Roe v. Wade (1973) court rules that privacy rights include abortion rights the Court has taken on a more restrictive view of the rights outlined in Roe.

11. 4-9 Rights of the Accused versus the Rights of Society Limits on Conduct of Police Officers and Prosecutors Defendant’s Pre-Trial Rights Trial Rights Miranda Rights Videotaped Interrogations Exclusionary Rule the death penalty