Civil Rights and Civil Liberties
Miranda ruling
A far-reaching decision of the U.S. Supreme Court that requires law enforcement officers to warn a criminal suspect of his or her right to remain silent and have an attorney present during questioning.
what is the difference between civil rights and civil liberties?
Civil liberties are those rights that along to everyone. They are protections against government and are guaranteed by the constitution, legislation, and judicial decisions. Civil rights are the positive acts of government assigned to prevent discrimination and provide equal protection under the laws.
Give two examples of discriminatory congressional acts
Sedation Act- Say or write anything bad exciting pageant against government Added to Espionage Act, this act deemed "disloyal, profane, scurrilous, or abusive language" about the American form of government, the Constitution, the flag, or the armed forces as criminal and worthy of prosecution-- the reason why Eugene V. Debs was imprisoned. esteem and seduction act-make false statement furious military
what is the doctrine of incorporation?
The Supreme Court uses the 14th amendment to apply the protections of the Bill of Rights to the states. For example, in the 1925 case of gitlow V. New York, a man was indicted by the state for Seditious speech. The court found that the federal protection of free-speech should be applied to the states.
what is selective incorporation
The process of the courts forcing the states to grants citizens the rights granted in the Bill of Rights process whereby the courts had applied many parts of the bills of rights to the states.
What is the exclusionary rule?
a law that prohibits the use of illegally obtained evidence in a criminal trial.
what is an example of a limit placed on freedom of speech?
clear and present danger Shenk VS. The Us Jailed for danger speech
what in the 14th amendment serves as that protection?
dual process, not state should ever eleny the equal protects of the law. deny to a person within its jurisdiction the equal protection of the laws (States cannot unreasonably discriminate against individuals)
american courts try foreign criminals such as terrorists
unlawful coalition
There are four types of speech which may or may not be fully protected
same but done overtly---falsely injuring a person by defaning a character written Burning flag---offensive to the average person and lacks autism and illeraute value false advertising and electrify secretly give symbolic speech and but political act as a message
what is the question that needs to be asked when determining which rights should be protected?
which rights are so fundenmental that they ought to govern the state