Chapter Five: Civil Liberties
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Guiding Questions
- What are civil liberties?
- What role does the Supreme Court play in protecting these liberties at the federal and state level?
- Why is the 14th Amendment important in the context of civil liberties?
- How does the Supreme Court balance individual’s rights and society’s rights?
- What about speech that offends or scares people—is this speech protected by the First Amendment?
- Should the press ever be restrained? If so, under what conditions?
- How does the Supreme Court decide cases involving religion?
- Should prayer in school be allowed? What if this is what the majority wants?
- What issues arise frequently regarding the 4th Amendment?
- What is the exclusionary rule? Is it essential to the protection of individual liberties or does it interfere with the ability of the police to do their jobs?
- Has the Court placed too many restrictions on capital punishment? Explain!
- Where in the Constitution do you find the right to privacy? How did the Court derive the right to privacy?
- Has the Court extended the right to privacy too far?
- Have judges gone too far in protecting civil liberties in our nation?
Note-Taking Guidelines
Terms
- Clear and Present Danger Test
- Political Speech (speech plus)
- Reasonable time, place, and manner restrictions
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- Compelling government Interest
- Compelled self incrimination
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Required Cases
- Barron v. Baltimore (1833)
- Gitlow v. New York (1925)
- Schenck v. United States (1919)
- Bradenburg v. Ohio (1969)
- Tinker v. Des Moines (1969)
- New York Times v. United States
- Miller v. California (1973)
- Abbington School District v. Schempp (1963)
- Grand Rapids v. Ball (1985)
- Edwards v. Aguillard (1987)
- West Virginia v. Barnette (1943)
- Santa Fe Independent School District v. Doe (2000)
- Mapp v. Ohio (1961)—if you did the 4th Amendment
- Miranda v. Arizona (1966)
- Gideon v. Wainwright (1963)
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- Trop v. Dulles (1958) If you did the 8th Amendment
- Atkins v. Virginia (2002)
- Griswold v. Connecticut 1965
- Roe v. Wade (1973) –if you did the 14th Amendment
- Pennsylvania Planned Parenthood v. Casey (1992)
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