-Limits the government that infringe on an individual's rights--ensuring your freedom -Anti-Federalists
-Bill of Rights: make up the heart and basis of the civil liberties -Protect are there to protect individuals from arbitrary acts of government
-Laws to empower the individual
Texas v. Johnson 1988:
-Not just burning a piece of cloth--the American flag is very symbolic
Shank v. United States
-Clear and present danger
-Boundary to free speech because what you are doing is creating a clear and present danger -Your actions aren't just a legal voicing of your opinions
-America is a litigious society-- 50% of the world's lawyers are Americans and only 1/7 of the population -Constitution as a living document
-America is a concept where freedom is the goal, entrepreneurship is unbounded, liberty is protected, etc. It can be anything as long as you follow certain the rules in the Constitution.
Rights of privacy:
What contemporary cases pertain to this right?
Where in the Bill of Rights/Constitution?
Freedom of speech and expression:
-First amendment from Bill of Rights
-Everyone has the right to publicly express their thoughts verbally or in print as long as it does not pose a threat to other people -Shank v. United States: There was free speech during war time but it was not protected during war time--established clear and present danger -Why was there so important to have the first amendment?
oAnti-Federalists wanted to make sure the individual's right would not be stomped over. oLimiting federal government
oComing from the system in the British system where monarchies were absolute in power, where the individuals did not get to voice their opinions -Liable: false written things against someone and slander is false spoken things against someone. If it is parody or satire, it is not considered...