Civil Liberties/civil rights Flashcards
Concept of civil liberties?
Those fundamental rights that ensure the protection of an individual’s freedoms against government interference
What are the Four Main Rights?
1) Freedom of Speech and the Press
2) Freedom of Religion
3) Rights of the Accused
4) Right of Privacy
Bill of Rights Lie Dormant?
The Bill of Rights originally protected citizens from interference only from the national government, but not the state governments.
Barron v. Baltimore (1833)*
- 5th Amendment protects against private property being taken by government without just compensation
- Supreme Court ruled that states were limited in their actions toward citizens only by their own constitutions
(Bill of Rights Given Life) 14th Amendment (1868)?
The protection against government interference includes interference from state governments
What is the Due Process Clause?
nor shall any state deprive any person of life, liberty, or property without due process of law
A Delicate Balance?
Issues surrounding civil liberties are matters of balance: the rights of the individual balanced against the rights of society
- individual speech versus public safety
- individual worship versus health of children
Restricted Speech consist of?
Schenck v. U.S. (1919): Clear & Present Danger(1)
*Supreme court ruled against persons civil liberty in favor of the government
Advertising is?
or other speech made for business purposes may be regulated
- Knowing false information that harms another person or company is illegal
In written form it is what?
It is Libel
- a published false statement that is damaging to a person’s reputation;
In verbal form it is what?
It is Defamation
-the action of damaging the good reputation of someone; slander or libel.
Expanded Speech? New York Times v. U.S. (1971): Prior Restraint
*Supreme court ruled for persons civil liberty against the government
Speech as a Form of Protest? Johnson v. Texas (1989)
- ruled that flag burning is a constitutionally protected form of speech
- there is a difference between desecration of a flag and of a national monument
Civil Liberties?
Those fundamental rights that ensure the protection of an individual’s freedoms against government interference
Guaranteed by the first ten amendments to the constitution (Bill of rights)
Civil rights?
Treated fairly and receive equal protection under the law.
14th* amendment
- “due process” “equal protection”
- “No state shall deny any person equal protection”