Three Ways Im Which The Bill Of Rights Protects Right And Liberties Flashcards
What are three ways the bill of rights protects rights and liberties?
-first amendment
-fourth amendment
-fifth and sixth amendment
What is the first amendment? - 1
-protection of individual freedoms
-guarantees several core freedoms protecting individual autonomy
What are examples of the core freedoms the first amendment protects?
-freedom of speech
-freedom of religion
-freedom of the press
-freedom of assembly + petition
What do these protections ensure?
-citizens can express themselves freely
-pressure groups contains the right to petition the gov for a redress of grievances
What is an example of the first amendment in action?
-citizens united v FEC 2010
-involving CU seeking to air a doc critical of pres candidate Hilary Clinton 2008 but FEC argued doc violated restrictions on corporate spending under bipartisan reform act 2002
What was the legal issue regarding this case?
-whether restrictions on corporate spending in elections violated first amendment of right to free speech
What was the courts decisions?
-5-4 decisions SCZ ruled in FEC our of citizens united (CU) holding that corporate spending on campaigns form of protected speech under first amendment - political speech essential for Dem process
What is the fourth amendment?
-protection against unreasonable searches + arrests
-ensures privacy + personal security
What did this amendment enforce?
-requirement of warrants for law enforcement agencies to search persona property or seize belongings
-exclusionary rule - evidence obtained through illegal searches inadmissible in court
What was the impact of the amendment?
-limits gov power + protects individuals privacy against arbitrary + intrusive actions by authorities
What is an example of the fourth amendment in action?
-carpenter v US 2018
-about whether gov could obtain cell phone location data from wireless carriers without warrant
Why did this case come about?
-2011 law enforcement obtained days worth of cell phone location data from Timothy Carpenter’s phone without warrant from phone company’s records
-linked Carpenter to series of robberies
What was the legal issues with the case?
-whether obtaining this without warrant violates fourth amendment protection against unreasonable searches + seizures
What was the courts decisions?
-5-4 decision SC rules gov violated fourth amendment
-emph privacy interests can provide intimate picture of individuals daily life
What are the fifth and sixth amendments?
-right to due process and a fair trial
-due process guarantees individual can’t be deprived of life, liberty or property without fair legal procedures
-right to impartial jury - defendants entitles be true by fair jury of their peers
