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Civil Rights / Civil Liberties (C.R. - Curbs on the powers of majority to…
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Freedom of Speech
First Amendment - Limits the government from denying your speech but not anyone else (EX - Private Company)
Preferred Position - Any Law or Regulation or Executive Act that limits political speech is almost always struck down by courts.
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Brandenburg V. Ohio - KKK Leader was making a speech and since it was political it was respected by freedom of speech
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Freedom of Press
Censorship of the Press before a story is published in print, broadcast on television, radio, or the internet is called, Prior Restraint, and the Supreme Court ruled that it was not allowed in a case called Near V. Minnesota
If a newspaper prints something untrue about the government or government official the the person or agency about whom the untrue thing was said - or written and published - can sue the publisher for libel, and if the case is proven, they can get monetary damages
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New York Times V Sullivan - In order to prove a libel case you must prove the publisher knew it was not true and acted irresponsibly
National Security - Government can prevent the press from printing details of troop movement for their safety
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Search and Seizure
Criminal Procedure - No unlimited or substantive right to have the police not search you and your home
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Mapp V. Ohio - Police went to the house of Mapp and asked to search and she said no, they came back with a fake warrant to search for bombs and gambling equipment, instead they found a trunk of pornograohy, which was illegal at the time.
Speeding can give police probable cause to search and if you show signs of drunk driving they can “search” you with a Breathalyzer
Students have less privacy rights. They can be searched using drug tests and searching their lockers.
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Due Process of Law
14th Amendment - No state shall enforce a law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of Law- Nor deny to any person with it’s jurisdiction the Equal Protection of the Laws
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Amendment 5 - If charged with a crime a grand jury must look at the evidence and decide if there will be a trial, military people are tried in military court, no double jeopardy, no self incrimination (I plead the 5th, you have the right to remain silent), the state can’t just take your land without compensation.
Amendment 6 - The accused shall have access to a speedy trial, public trial, right to jury of peers, right to know what you are charged with, right to an attorney.
Miranda V. Arizona - Miranda was arrested on suspicion of kidnaping and rape after being identified in a police line up, he was never told his rights after 2 hours of interrogating, then he admitted to the crime.
Equal Protection
Minority - A culturally, ethnically, or racially distinct group that coexists but is subordinate to a more dominant group
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Equal Protection Clause - No state shall make or enforce any law which shall deny to any person within its jurisdiction the equal protection of the Laws
In Civil Rights Cases the Supreme Court says that the law “could not have been intended to abolish distinctions based on color, or to enforce social, as distinguished from political equality.
As long as the state provided equal accommodations for all citizens then discrimination was fine (Separate but Equal)
Sex Descrimination
Intermediate Scrutiny - More stringent than Rational Basis Review, where the government usually wins and its actions are allowed to stand, and strict scrutiny, where the government usually does.
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Discrimination
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As long as you’re born here or naturalized you’re a citizen and other citizens and the government shouldn’t discriminate against you
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Affirmative Action
Affirmative Action is a government (or private) program designed to redress historic injustices against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities
Proposition 209 - Outlawed Affirmative action in public employment, public contracting, and public education (especially university)
Regents of the University of California V. Bakke in 1973 - The court ruled on the issue of racial set-asides, or quotas, in admissions at the University of California Davis, Medical School.
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