SCOTUS…FACTS YOU NEED TO KNOW Welcome to the Court

First Amendment freedoms Speech Religion Assembly Press Petition

Congress shall make no law establishing a religion. Establishment clause Congress shall make no law establishing a religion.

Free exercise clause Congress shall make no law prohibiting the free exercise (practice) of religion.

Does “x” appear to advance OR inhibit a religion? Lemon test Used to determine if there is a violation of separation of church and state under action “x.” Does “x” appear to advance OR inhibit a religion? Is “x” secular in purpose? Is there excessive entanglement of government and religion due to “x?” non-religious

Due process Government must follow Constitutional requirements/rules before depriving anyone of life, liberty, or property.

Freedom to choose one’s occupation Ninth amendment People have other freedoms that are not specifically mentioned in the Constitution. Freedom to travel Freedom to choose one’s occupation Right to privacy of medical information Freedom to choose one’s spouse Freedom to choose one’s place of residence

False and malicious PRINTED statements, prohibited by law. libel False and malicious PRINTED statements, prohibited by law.

False and malicious “S”POKEN statements, prohibited by law “s”lander False and malicious “S”POKEN statements, prohibited by law

sedition Speech advocating violence against the government; not protected under the First Amendment

Definition of obscenity Miller Test, used to determine obscenity, in the presence of action/item “x.” Does “x” have any scientific, literary, political, or educational value? Would the “reasonable person” in the “community” consider “x” to be obscene? Does “x” appeal to the prurient interest (tend to excite lust)?

Prior restraint The First Amendment does not usually allow government to stop speech, even illegal speech, before it is expressed. Exception: clear and present danger Exception: disruption in school

Symbolic speech The First Amendment applies to symbolic speech as well as written and spoken speech. Exception: clear and present danger Exception: disruption in school

Peaceable vs. non-peaceable assembly Assembly cannot infringe on others’ rights or property. Assembly is non-violent and does not incite law-breaking. Assembly is in a public place or on private property with the owner’s permission. Assembly does not present a “clear and present danger.”

Freedom of association Government cannot tell you who you can or cannot “hang out” with. Your choice of association CAN give probable cause for search and/or arrest.

Civil rights act of 1964 The Civil Rights Act of 1964, ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin, is considered one of the crowning legislative achievements of the civil rights movement. Video Clip

Civil rights act of 1968 The Civil Rights Act signed into law in April 1968–popularly known as the Fair Housing Act–prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin and sex. Intended as a follow-up to the Civil Rights Act of 1964. video clip