1. Overview
   1. Civil Liberties and Civil Rights
   2. Limits to Civil Liberties
      1. Judicial interpretations
      2. Conflicting rights and balancing
      3. "state action doctrine"
         1. United States v. Ronald C. Kline (2004)
      4. Federalism and "partial incorporation doctrine"
         1. The House version of the Bill of Rights
         • 1925 Speech (Gitlow v New York)
         • 1931 Press (Near v Minnesota)
         • 1932 Fair Trial (Powell v Alabama)
         • 1934 Free Exercise of Religion (Hamilton v Regents of California)
         • 1937 Freedom of Petition and Assembly (DeJonge v Oregon)
         • 1947 Establishment of Religion (Everson v Board of Education, Pennsylvania)
         • 1948 Public Trial (In Re Oliver)
         • 1949 Unreasonable Search and Seizure (Wolf v Colorado)
         • 1962 Cruel and Unusual Punishment (Robinson v California)
         • 1963 Right to Counsel, Indigents (Gideon v Wainwright)
         • 1964 Self Incrimination (Mallory v Hogan)
         • 1965 Confront Witness (Pointer v Texas)
         • 1965 Privacy (Griswold v Connecticut)
         • 1967 Speedy Trial (Klopfer v North Carolina)
         • 1968 Jury Trial (Duncan v Louisiana)
         • 1969 Double Jeopardy (Benton v Maryland)
         • 1972 Right to Counsel, non-indigent (Argersinger v Ma Hamlin)

2. U.S. Bill of Rights
   1. First Amendment
      1. political and religious freedoms
      2. speech
         1. protected speech
            1. speech that helps democratic majorities define truth, promotes individual self-realization, contributes to the practice of self-government, and helps check government abuses
            2. government regulations are subject to strict scrutiny test
            3. protected speech may be neither prohibited or regulated without a compelling reason
         2. quasi-protected speech
            1. speech that sometimes conveys useful information and contributes to the exposition of ideas, yet is associated with economic inducements, not just ideas, and is thus not fully protected
            2. government regulations are subject to heightened scrutiny test
            3. quasi-protected speech may be regulated for a reason but not prohibited without a compelling reason
         3. unprotected speech
            1. speech that is not an essential part of any exposition of ideas and that are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality
            2. government regulations are subject to rational basis test
            3. unprotected speech may be both regulated and prohibited for a reason
      3. religion
         1. establishment clause
         2. exercise clause
      4. press
      5. association
   2. Second Amendment
      1. The constitutions of all states except California, Iowa, Maryland, Minnesota, New Jersey, and New York protect the right to possess firearms for protection, recreation, sports, hunting, and other lawful purposes.
      2. Iowa and New Jersey`s constitutions protect the right to self-defense in general terms.
   3. Fourth Amendment
      1. protection against unreasonable searches
      2. what's protected?
         1. you
         2. your residence
         3. circumstances involving a subjective expectation of privacy
      3. what's not protected?
         1. public places
         2. emergency situations
         3. circumstances involving routine administration of police powers
         4. circumstances involving consent to be searched
      4. exclusionary rule
         1. Mapp v. Ohio (1961)
         2. U.S. vs. Leon (1984)
         3. Nix vs. Williams (1984)
         4. U.S. v. Verdugo-Urquidez (1990)
   4. Fifth Amendment
      1. Grand Jury Indictment
      2. Due Process
      3. Compensation for Property Taken, and
      4. Self-Incrimination
         1. Brown v.Mississippi, 1936
         2. Escobedo v. Illinois, 1964
         3. Miranda v. Arizona, 1966
         4. Fulminante v. Arizona, 1991
   5. Sixth Amendment
      1. trial rights
   6. Eighth Amendment
      1. protection against cruel and unusual punishment
      2. death penalty for juveniles