Notes aas 33b
Civil liberities are constitutional provisions, laws, and practice that protect individuals from governmental interferences
Bill of rights
Rights and liberties in the nineteenth century
Economic liberty in the early republic
• Private property, states are prohibited from imparing the obligation of contracts
Taney court 1836-1864
Human property
Dred scott v. sandford 1837
Dred scott had daughter in IL, so he thought should be free
Economic liberty after the civil war
Due process clause: no state may “deprive a person of life liberty, or property, without due process of law”
“eminent domain” during the 19th century , rights of property, consistent with an emergeing industrial society
LLC(limited Liability Corporation)
Freedom of speeh: political speech
Schenck v. U.S. 1919: draft issue
-censorship only when speech pose a “clear and prevent danger”
texas v. Johnson 1989 flag desecration falls under free expression protections
suppression of free expression one major exception to the expansion of freedom of expression: periodic concern about “internal security”
• wwi
• raids on offices of radicals
• post –wwii o joseph mccarthy
• post-9/11 o usa patriot act
freedom of the press new york times v. Sullivan 1964 newspaper protected against trivial or incidental errors when they were reporting on public person
offensive mass media recent concerns about the availability to minors of sexually offensive material of the in internet communications decency act 1996 reno, attorney general of the united states v/ aclu 1997
free excerise of religion the first amendment prohibits congress from making laws that prohibit the free exxcercise of religion
establishment of religion a position of neutrality everson v. board of education 1947 can not force students to prey
-warren court 1953-1969 brought together a solid church-state separationist contingent
Rehnquist court has brought a change in judicial interpretation
Bill of rights
Rights and liberties in the nineteenth century
Economic liberty in the early republic
• Private property, states are prohibited from imparing the obligation of contracts
Taney court 1836-1864
Human property
Dred scott v. sandford 1837
Dred scott had daughter in IL, so he thought should be free
Economic liberty after the civil war
Due process clause: no state may “deprive a person of life liberty, or property, without due process of law”
“eminent domain” during the 19th century , rights of property, consistent with an emergeing industrial society
LLC(limited Liability Corporation)
Freedom of speeh: political speech
Schenck v. U.S. 1919: draft issue
-censorship only when speech pose a “clear and prevent danger”
texas v. Johnson 1989 flag desecration falls under free expression protections
suppression of free expression one major exception to the expansion of freedom of expression: periodic concern about “internal security”
• wwi
• raids on offices of radicals
• post –wwii o joseph mccarthy
• post-9/11 o usa patriot act
freedom of the press new york times v. Sullivan 1964 newspaper protected against trivial or incidental errors when they were reporting on public person
offensive mass media recent concerns about the availability to minors of sexually offensive material of the in internet communications decency act 1996 reno, attorney general of the united states v/ aclu 1997
free excerise of religion the first amendment prohibits congress from making laws that prohibit the free exxcercise of religion
establishment of religion a position of neutrality everson v. board of education 1947 can not force students to prey
-warren court 1953-1969 brought together a solid church-state separationist contingent
Rehnquist court has brought a change in judicial interpretation