- Negative rights
- 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
Civil rights:
- Positive rights
- Laws to empower the individual
Texas v. Johnson 1988:
- Patriotism/symbolism
- 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
Big idea:
- 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? o Anti-Federalists wanted to make sure the individual's right would not be stomped over. o Limiting federal government o Coming 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 liable or slander.
- Brandenburg v. Ohio: Klu Klux Klan's Brandenburg. As long as he is not violent, he is able to voice his opinion. It might not be pretty or appropriate, but it is legal.
- Never absolute--depends on time and condition o Example: during a time of war: phone tapping American citizens
The right to bear arms:
- America had a history or standing militias so it gave citizens the right to protect themselves
- US v. Miller: taxed automatic weapons and sought off shot guns because they were used to cause anarchy o Able to restrict weapons because shot guns are not related to the militia
- Cannot infringe on people's right to self defense
- Macdonald v. Chicago:
- Fourteenth Amendment: mostly cited
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