POLI 2051 Chapter : Poli 2051 Exam 4 Chapter15 16
Document Summary
Chapter 15 16: civil liberties and civil rights. Civil liberties versus civil rights: civil liberties - freedoms guaranteed to the individual, they take the form of negative restraints on government. It is a legal concept that has made possible national involvement in the protection of individual rights against state and local officials. For example: freedom of speech, in two cases in the early part of the 20th century, the supreme court moved from this. Reasonableness test to the clear and present danger test. Only speech that represented a clear and present danger to the public safety and welfare could be regulated: the court has also held that speech includes other things besides the spoken word. This was later extended to public figures as well. Private intrusions not acting in the color of governmental authority are exempted from the fourth amendment: 5th amendment, originally interpreted to mean that people were not required to testify against themselves in a criminal trial.
