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civil rights liberties

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civil liberties civil rights 0 the first constitutional amendments the bill of rights 0 civil liberties personal rights and freedoms that the 0 what is the difference between cl cr federal government cannot abridge by law or judicial interpretation 0 cl guarantee limits on the power of the government to restrain or dictate how individuals act 0 cr refers to the positive actions of the government taken to protect individuals against arbitrary or discriminatory treatment 0 daily show clip on civil liberties 0 if the link above doesn t work here is the link http tpmtv.talkingpointsmemo.com id=3231988

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history of civil liberties 0 federalist v anti federalist debate 0 remember the federalists didn t believe that it was necessary to include a bill of rights in the constitution they believed that the limitations placed on the government by the states and by the limited powers of the constitution would provide enough safeguards against arbitrary taking of rights the anti-federalists disagreed and as part of the necessity of compromise to get the constitution ratified the federalists agreed to add a bill of rights to the constitution which become known as our first 10 amendments.

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limits on civil liberties some of the key cases 0 religion issues down in ny schools 0 lemon v jurtzman freedom of religion created lemon test 0 schools as demonstrated in your supreme court case handout have greater rights to restrict cl s 0 use of prior restraint school newspapers for example 0 engle v vitale freedom of religion prayer struck

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area of focus 0 prioritizing protection by the court 1 2 3 thoughts these are most protected by the court and are least likely to have limits placed on them words these are the second most protected by the court oftentimes the freedom of words is liberally protected actions ­ these are the least likely to be protected because actions can have obvious consequences on other people more so than thoughts and words 0 libel written statement that defames the character of a person 0 slander spoken statement that defames the character of a person 0 0 0 the court held that the first amendment protects the publication of all statements even false ones about the conduct of public officials except when statements are made with actual malice with knowledge that they are false or in reckless disregard of their truth or falsity under this new standard sullivan s case collapsed oyez org have to prove malice ­ imminent harm ­ makes it very hard to prove key case ny times v sullivan refined def of libel 0 over the last few years as the internet and social networking have been blamed for teenagers taking their own lives there has been an increased call by some to reevaluate the current standard what do you think should happen should this be revisited in light of modern technology?

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obscenity pornography 0 justice potter stewart on pornography 0 i know it when i see it 0 just like libel and slander can be hard to define what is protected speech and what falls outside that realm

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obscenity isn t protected speech 0 originally defined as prurient interest with the purpose to excite lust as this appears to the average person applying contemporary community standards in 1957 by supreme court justice brennanobviously this still doesn t provide a lot of clarity what may seem inappropriate to one member of the community may not seem inappropriate to another 0 1973 the court added that if it lacks serious literary artistic political or scientific value it is not protected free speech 0 starts to move standards to a local decision rather than a national one 0 examples greenwood in was involved in a debate a few years ago over a lingerie shop on its main street some thought that it violated community standards and worried that it would give the wrong impression about the community to visitors also at clay terrace mall in carmel in a victoria secret display came under attack as mothers thought it inappropriate to have to walk their children by scantily clad mannequins victoria secret ended up just moving the mannequins to the back of the store 0 obviously there is still disagreement that can occur is a nude picture a piece of art or is it unprotected speech?

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rights of the accused 0 procedural due process 0 protects the rights of the accused at every step of the investigation based on the 5th 6th and 7th amendments examples 0 gideon v wainwright right to a lawyer 0 mapp v ohio exclusionary rule

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conflict is inevitable 0 for example 0 1st amendment right of free speech can conflict with the 5th and 6th amendments right to fair trial 0 government s guarantee to provide for the common defense conflicts with free press 0 think of the controversy surrounding the proposed mosque near ground zero conflict is inevitable 0 the questions becomes where do you draw the line how do you ensure that different groups with different values all have their liberties protected?

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st 1 amendment 0 big move toward free expressions came after world war i

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0 key items civil rights 0 affirmative action 0 0 0 0 dejure v defacto 0 dejure is legal segregation and defacto segregation is segregation the results from society 0 civil war 0 13th 14th 15th amendments 0 these amendments were meant to provide equality for african americans but they didn t because they weren t enforced 0 cra of 1875 0 first effort to ban discrimination but wasn t effective 0 jim crow laws 0 civil rights act of 1964 0 0 0 used by states to legally discriminate programs and efforts to try and reverse past discriminations brief history and description of affirmative action immediately following the passage of civil rights legislation the court was more lenient in their rulings regarding affirmative action however in recent years the court has become less and less understanding of the need to take race etc into account this is called following strict scrutiny outlaws segregation in public facilities lbj discussing the cra of 1964 click on the underlined portions of this slide for additional information outlaws efforts to prevent african americans from voting video on the vra 0 voting rights act 1965 0 0

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closing comments 0 the incorporation doctrine helped apply the bill of rights which limits what the government can do to the states undermining the ruling in barron v baltimore by using the 14th amendment as a basis to prevent arbitrary classifications which deny equality under the law 0 civil liberties and even civil rights have and will continue to cause tension as groups differ on their opinions of what s appropriate 0 in the latter part of the 20th century our country saw a big push for not just equal treatment and protection for african americans but women minorities etc but once again there has been disagreement about how to best go about achieving this equality

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0 the rights guaranteed to us does not mean that the government cannot work to ensure that our liberties don t infringe upon the liberties of others 0 the supreme court recently decided that detainees being held by the us do have a right to appear in court 0 students civil liberties can be restricted within the school boundaries

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0 complete the civil rights and liberties question assignment for points it will be helpful to have read through the supreme court pdf prior to completing the assignment.

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