1. Chapter 4: Civil Liberties
A More Perfect Union 1/e

2. Civil Liberties
• Civil Liberties in the American Legal
System
– The Freedoms Protected in the American
System
– The Historical Basis for American Civil
Liberties: The Bill of Rights
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5. Civil Liberties
• Civil Liberties in the American Legal (continued)
System
– Incorporation of the Bill of Rights to Apply to
the States
• Barron v. Baltimore (1833)
• Fourteenth Amendment
• Selective incorporation versus total incorporation
• Palko v. Connecticut (1937)
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7. Civil Liberties
• First Amendment Freedoms: Speech,
Assembly, and Press
– The First Amendment and Political Instability
• The Tension Between Freedom and Order
• The Historical Context for Free-Speech Laws
• The Standard Today: The Imminent Lawless
Action Test
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8. Civil Liberties
• First Amendment Freedoms: Speech,
Assembly, and Press (continued)
– Freedom of Speech
• Pure Speech versus Symbolic Speech
• Not all Speech is Created Equal: Unprotected
Speech
– Freedom of Assembly
– Freedom of the Press
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9. Civil Liberties
• Freedoms of Religion, Privacy, and
Criminal Due Process
– The First Amendment and the Freedom of
Religion
• The Establishment Clause
• The Free-Exercise Clause
– The Right to Privacy
• The Emergent Right to Privacy
• The Right to Privacy Applied to Other Activities
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10. Civil Liberties
• The Fourth, Fifth, Sixth, and Eighth
Amendments: Ensuring Criminal Due
Process
– The Fourth Amendment and the Protection
Against Unreasonable Searches and Seizures
– The Fifth and Sixth Amendments: the Right to
a Fair Trial and the Right to Counsel
– The Eighth Amendment: Protection Against
Cruel and Unusual Punishment
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11. Civil Liberties
• The Second Amendment and the Right to
Bear Arms
– Competing Interpretations of the Second
Amendment
• Individual Right
• Group Right
– Citizens Engaged: Fighting for a Safer Nation
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13. Civil Liberties
• Civil Liberties in Post-9/11 America
– Perceived Intrusions on Free Speech and
Assembly
• Domestic Surveillance Program
– Perceived Intrusions on Criminal Due Process
• USA PATRIOT Act
• Foreign Intelligence Surveillance Act (FISA)
– Perceived Discrimination Against Muslim
Americans
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