Exam 2 Civil Liberties

Freedoms guaranteed to the individual

Government cannot do this, sets limitations on government, found in the Bill of Rights, 10 amendments

1st Amendment - Freedom of Speech 2nd Amendment - Right to Bear Arms (guns) 3rd Amendment - Quartering Soldiers (gov. can’t force you to harbor soldiers.) 4th Amendment - Search and Seizure (gov. can’t do no unreasonable search and seizure.) 5th Amendment - Can’t force to incriminate self 6th Amendment - Right to Fair and Speedy Trial 7th Amendment - Right to a Jury Trial 8th Amendment - No Cruel or Unusual Punishment 9th Amendment - Rights Not Stated in Constitution will be Protected 10th Amendment - Powers Not Given to Federal Government is the States Powers

Found in the 1st Amendment Establishment Clause - Government cannot establish national religion and cannot stop other religions. Free-Exercise Clause - Protects others who want to practice their own religion. Government cannot interfere.

Government cannot endorse/sponsor a religion. Government should remain neutral towards religion.

Found in 1st Amendment Freedom of Speech and Freedom of the Press Freedom of Expression Clauses prohibit - prior restraint (censorship by government) After-the-Fact - Individuals cannot be punished for speech that was legal when speech occurred. However, there are still consequences to certain speech.

Ability to speak without government limitations. Different types of speech: Spoken, Written, Symbolic, Money Speech not Protected: Clear and present danger, Fighting words, Obscenity: to an extent, Book bans

The right of the press to gather, publish, and distribute information and ideas without government restrictions. Controversies: - Defamation of Character (slander or Liable) - Censorship (show publication would be immediate harm, inevitable, and unrepairable.) - Police and the freedom of the press

Final Clause of the 1st Amendment Protests rights

2nd Amendment: Gun Rights Controversies District of Columbia vs Heller 2008 - Banned handguns in District of Columbia and were sued - Court found the ban unconstitutional

4th Amendment - No searches/seizures without warrant/probable cause - Warrantless searches are allowed in certain circumstances - Can search if arrested - Can search in a open plain view (open beet can in car) - Exclusionary rule -> evidence found in illegal search cannot be used against you.

5th Amendment - Due process (laws and procedures need to be fair) - Cannot be held without being charged - No double Jeopardy (can’t be charged of same crime twice when found not guilty) - No self-incrimination (miranda rights, choose to stay quiet) - Eminent domain (can’t take private property without offering value and public use)

• Speedy trial by impartial jury • Informed of nature of accusation (provide evidence, what accusation) • Right to confront witnesses (cross-examination rights) • Right to counsel (attorney rights)

• No cruel and unusual punishment (capital punishment/death penalty) Botched Death Penalty - a failure in an execution, where problems, delays, or failures in the method of execution cause unnecessary agony for the prisoner or reflect gross incompetence. Most common with Lethal Injection

Abortion - Griswold v. CT (1965) - ruled a Connecticut law banning contraception for married couples violated their constitutional right to privacy. - Roe v. Wade (1973) - The right to an abortion is covered under the right to privacy and the due process clause of the 14th amendment. - Dobbs v. Jackson (2022) - The constitution does not confer a right to abortion LGBTQ Rights - Regulation of sexual activity - Marriage equality - Anti-discrimination