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Civil Liberties. In the Bill of Rights, find the following: The right to join the communist party The right to make fun of the president The right to.

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Presentation on theme: "Civil Liberties. In the Bill of Rights, find the following: The right to join the communist party The right to make fun of the president The right to."— Presentation transcript:

1 Civil Liberties

2 In the Bill of Rights, find the following: The right to join the communist party The right to make fun of the president The right to be Catholic The right to privacy The right to remain silent The right to burn an American flag The right to advocate the violent overthrow of the government

3 General history Bill of Rights 14 th Amendment Selective Incorporation: The Supreme Court applies the provisions of the Bill of Rights to state laws and practices, one right at a time.

4 What does the Bill of Rights do? Protect rights that facilitate democracy Protect against state involvement in private life No rights are absolute. The limits of each are defined by the courts.

5 Rights of the criminally accused Search and Seizure Exclusionary rule Limits?

6 Rights of the criminally accused Search and Seizure (4 th ) Jury Trial (5 th ) Double jeopardy (5 th ) Self incrimination (5 th ) –Miranda v. Arizona (1966)

7 Rights of the criminally accused Search and Seizure (4 th ) Jury Trial (5 th ) Double jeopardy (5 th ) Self incrimination (5 th ) Just compensation (5 th ) Counsel (6 th ) –Gideon v. Wainwright (1963)

8 Rights of the criminally accused Search and Seizure (4 th ) Jury Trial (5 th ) Double jeopardy (5 th ) Self incrimination (5 th ) Just compensation (5 th ) Counsel (6 th ) Cruel and unusual punishment

9 Rights to free expression Speech Strict Scrutiny: Burden of proof is placed on the government to show that the law is constitutional rather than on the challengers to show that the law is not constitutional.

10 Rights to free expression Protected speech: All truth. Except clear and present danger Except fighting words Except obscenity Falsehoods stated without reckless disregard for the truth. Not libel or slander Speech Plus.

11 Rights to free communication Speech Press Doctrine of no prior restraint. –Near v. Minnesota


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