Copyright 2009 Pearson Education, Inc., Publishing as Longman Longman PoliticalScienceInteractive Magleby & Light Government by the People Chapter 15 First Amendment Freedoms

Copyright 2009 Pearson Education, Inc., Publishing as Longman Limits on Freedom of Expression Tinker v. Des Moines (1969): Students do not “shed their constitutional rights…at the schoolhouse gate” Morse v. Frederick (2007): Students may be punished for publicly unfurling a banner inscribed, “Bong Hits for Jesus”

Copyright 2009 Pearson Education, Inc., Publishing as Longman Rights in the Original Constitution

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Bill of Rights and the States Lawyers ask Supreme Court to interpret the due process clause in such a way as to protect individual rights against state and local governments Supreme Court refuses to incorporate a personal right until 1925 decision in Gitlow v. New York (1925)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Selective Incorporation and the Application of the Bill of Rights to the States

Copyright 2009 Pearson Education, Inc., Publishing as Longman Freedom of Religion Establishment Clause –“Congress shall make no law respecting an establishment of religion….” Exercise Clause –“…or prohibiting the free exercise thereof.”

Copyright 2009 Pearson Education, Inc., Publishing as Longman Establishment Clause: Key Supreme Court Cases Everson v. Board of Education of Ewing Township (1947) – “Wall of separation” Lemon v. Kurtzman (1971) –Three-part “Lemon” test Zelman v. Simmons-Harris (2002) –Tax money for private school vouchers

Copyright 2009 Pearson Education, Inc., Publishing as Longman Free Exercise Clause: Key Supreme Court Cases and Legislation Employment Division v. Smith (1990) –Discards the compelling governmental interest test for overriding the interests of religious minorities Religious Freedom Restoration Act (1993) –Attempted to override the Smith decision

Copyright 2009 Pearson Education, Inc., Publishing as Longman Free Speech and Free People Historical constitutional tests of free speech Bad tendency test Clear and present danger test Preferred position doctrine

Copyright 2009 Pearson Education, Inc., Publishing as Longman Protected Speech Prior restraint is presumed unconstitutional Laws must be content (or viewpoint ) neutral

Copyright 2009 Pearson Education, Inc., Publishing as Longman Nonprotected Speech Libel Written defamation of another person; especially in the case of public officials and public figures, the constitutional tests designed to restrict libelous actions are very rigid Seditious libel Defaming, criticizing, and advocating the overthrow of the government New York Times v. Sullivan

Copyright 2009 Pearson Education, Inc., Publishing as Longman Nonprotected and Protected Speech: Obscenity and Pornography Miller v. California’s Obscenity Test The basic guidelines for the trier of fact must be a) whether the “average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest; b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value

Copyright 2009 Pearson Education, Inc., Publishing as Longman Nonprotected Speech Fighting Words –Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence Commercial Speech –Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads

Copyright 2009 Pearson Education, Inc., Publishing as Longman Freedom of the Press 1966 Freedom of Information Act Press Shield Laws In 2005, New York Times reporter Judith Miller was jailed for two months for refusing to disclose her sources to a grand jury

Copyright 2009 Pearson Education, Inc., Publishing as Longman Other Media and Communications Broadcast and Cable Communications –Role of FCC The Internet – Reno v. American Civil Liberties Union (1997)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Freedom of Assembly Reasonable restrictions on assemblies: Time Place Manner When can restrictions be put on First Amendment rights?

Copyright 2009 Pearson Education, Inc., Publishing as Longman Property Rights Eminent domain Regulatory takings Kelo v. City of New London (2005)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Due Process Rights Procedural due process Substantive due process

Copyright 2009 Pearson Education, Inc., Publishing as Longman Privacy Rights Griswold v. Connecticut (1965) –Personal privacy recognized as a constitutional right Abortion rights – Roe v. Wade (1973) – Planned Parenthood v. Casey (1992) – Stenberg v. Carhart (2000)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Sexual Orientation Rights Bowers v. Hardwick (1986) Romer v. Evans (1996) Lawrence v. Texas (2003)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Rights of Criminal Suspects Freedom from unreasonable searches and seizures –Fourth Amendment –Search warrants –Probable cause –Exclusionary rule Exceptions – Terry v. Ohio (1968) –Border searches –USA PATRIOT Act (2001)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Rights of Criminal Suspects The right to remain silent The Miranda warning – Miranda v. Arizona (1966)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Rights of Criminal Suspects Fair trial procedures –Grand jury –Indictment –Plea bargain –Petit jury –Impartial jury –Peremptory challenges –Appeals –Double jeopardy

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Death Penalty 1960s-1970s: Ten-year moratorium Reinstated 1976 Growing concerns