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Chapter 7: Individual Liberties Civil liberties • personal freedoms protected from gov. Interference • freedoms guaranteed by the U.S. Constitution • you have them individually Public Interest • the welfare or well-being of the general public Selective Incorporation a doctrine that allows the federal gov. To prevent states from making laws that violate the basic rights of American citizens; will consider each right one by one on a case by case basis. • 14th amendment made the Bill of Rights apply to the states Compelling Government Interest • a purpose important enough to justify the ignoring of personal liberties (to curb it) Prior Restraint • the right to stop spoken or printed expression in advance • government has no prerogative to do this Schneck v. United States Chapter 7: Individual Liberties 1 • Constitutional Question Before the Court Does the gov punishment for expressing opposition to the military draft violate the First Amendment's free speech clause? • Facts • 1917 Sedition and Espionage Act prevented publications that criticize the government ● Miller Test • Three sets of guidelines. I cannot define it but I know it when I see it. Community standards can decide whether not it is obscene. • The average person applying contemporary community standards finds it appeals to the prurient interest. • It depicts or describes, in an offensive way, sexual conduct specifically defined by state law. • It lacks...
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Alternative transcript:
serious literary, artistic, political, or scientific value. Lemon Test • Government Intervention in religious schools. Three rules. How to determine the interaction between government and church • Have a secular purpose that neither endorses nor disapproves of religion. • Have an effect that neither advances nor prohibits religion. • Avoid creating a relationship between religion and government the entangles either in the internal affairs of the other. Imminent Lawful action test/Incitement test (Brandenburg test) • the speaker must intend • there is a high chance of happening a very high likeliness of it happening Symbolic Speech Chapter 7: Individual Liberties 2 • nonverbal thing that you do • when you do it, it conveys some kind of political message Defamation of Character • to damage, with a lie, someone's good reputation • Libel – false claims through lies Slander - false claims made verbally Freedom of Religion • Establishment clause - the governments can neither hurt nor help the establishment of a national religion. The gov cannot promote nor inhibit religion BECAUSE they are a religion. ● Free exercise clause - prevents governments from stopping religious practices. Unless the unusual religious act is illegal or harmful. Or deeply opposes the interests of the community. o Practice o Belief Due process (rights) some steps that the gov. Must take to make sure your rights are protected 14th amendment • all legal rights that are owed to the person are respected Chapter 7: Individual Liberties 3
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Chapter 7: Individual Liberties Civil liberties • personal freedoms protected from gov. Interference • freedoms guaranteed by the U.S. Constitution • you have them individually Public Interest • the welfare or well-being of the general public Selective Incorporation a doctrine that allows the federal gov. To prevent states from making laws that violate the basic rights of American citizens; will consider each right one by one on a case by case basis. • 14th amendment made the Bill of Rights apply to the states Compelling Government Interest • a purpose important enough to justify the ignoring of personal liberties (to curb it) Prior Restraint • the right to stop spoken or printed expression in advance • government has no prerogative to do this Schneck v. United States Chapter 7: Individual Liberties 1 • Constitutional Question Before the Court Does the gov punishment for expressing opposition to the military draft violate the First Amendment's free speech clause? • Facts • 1917 Sedition and Espionage Act prevented publications that criticize the government ● Miller Test • Three sets of guidelines. I cannot define it but I know it when I see it. Community standards can decide whether not it is obscene. • The average person applying contemporary community standards finds it appeals to the prurient interest. • It depicts or describes, in an offensive way, sexual conduct specifically defined by state law. • It lacks...
Chapter 7: Individual Liberties Civil liberties • personal freedoms protected from gov. Interference • freedoms guaranteed by the U.S. Constitution • you have them individually Public Interest • the welfare or well-being of the general public Selective Incorporation a doctrine that allows the federal gov. To prevent states from making laws that violate the basic rights of American citizens; will consider each right one by one on a case by case basis. • 14th amendment made the Bill of Rights apply to the states Compelling Government Interest • a purpose important enough to justify the ignoring of personal liberties (to curb it) Prior Restraint • the right to stop spoken or printed expression in advance • government has no prerogative to do this Schneck v. United States Chapter 7: Individual Liberties 1 • Constitutional Question Before the Court Does the gov punishment for expressing opposition to the military draft violate the First Amendment's free speech clause? • Facts • 1917 Sedition and Espionage Act prevented publications that criticize the government ● Miller Test • Three sets of guidelines. I cannot define it but I know it when I see it. Community standards can decide whether not it is obscene. • The average person applying contemporary community standards finds it appeals to the prurient interest. • It depicts or describes, in an offensive way, sexual conduct specifically defined by state law. • It lacks...
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Knowunity is the # 1 ranked education app in five European countries
Knowunity was a featured story by Apple and has consistently topped the app store charts within the education category in Germany, Italy, Poland, Switzerland and United Kingdom. Join Knowunity today and help millions of students around the world.
Still not sure? Look at what your fellow peers are saying...
iOS User
I love this app so much [...] I recommend Knowunity to everyone!!! I went from a C to an A with it :D
Stefan S, iOS User
The application is very simple and well designed. So far I have found what I was looking for :D
SuSSan, iOS User
Love this App ❤️, I use it basically all the time whenever I'm studying
Alternative transcript:
serious literary, artistic, political, or scientific value. Lemon Test • Government Intervention in religious schools. Three rules. How to determine the interaction between government and church • Have a secular purpose that neither endorses nor disapproves of religion. • Have an effect that neither advances nor prohibits religion. • Avoid creating a relationship between religion and government the entangles either in the internal affairs of the other. Imminent Lawful action test/Incitement test (Brandenburg test) • the speaker must intend • there is a high chance of happening a very high likeliness of it happening Symbolic Speech Chapter 7: Individual Liberties 2 • nonverbal thing that you do • when you do it, it conveys some kind of political message Defamation of Character • to damage, with a lie, someone's good reputation • Libel – false claims through lies Slander - false claims made verbally Freedom of Religion • Establishment clause - the governments can neither hurt nor help the establishment of a national religion. The gov cannot promote nor inhibit religion BECAUSE they are a religion. ● Free exercise clause - prevents governments from stopping religious practices. Unless the unusual religious act is illegal or harmful. Or deeply opposes the interests of the community. o Practice o Belief Due process (rights) some steps that the gov. Must take to make sure your rights are protected 14th amendment • all legal rights that are owed to the person are respected Chapter 7: Individual Liberties 3