Amendments- Bill of Rights The right to be adorable.

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Presentation transcript:

Amendments- Bill of Rights The right to be adorable

1 st Amendment Speech- –Government Regulation- Civil Liberties are not unfettered- Assembly Association Press Religion

Free Speech Brandenburg v. Ohio

Right to Associate

Symbolic Speech O’Brien Texas v. Johnson Virginia v. Black (irony?)

Right to Assembly What Regulations are permissible 9? Friday? At the Park? With 300Watt Amplifier? Insurance?

Freedom of the Press

Freedom of Religion ??? 1.Secular 2.Primary Effect neither advance/impair 3. Excessive Entanglement Tough cases: Santa Fe Independent School District v. Doe? Engle v. Vitale (1963)?

Free Exercise? These kinds Good News Club et. al. v. Milford Central School (2001) Not that kind WEST VIRGINIA BOARD OF EDUCATION. v. BARNETTE (1943) WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., et al., PETITIONERS v. VILLAGE OF STRATTON (2002)

Obscenity? Scientific? Literary? Political? Artistic? I know it when I see it! Miller v. California

Students’ Rights Morse v. Frederick Tinker v Des Moines substantially interfere with appropriate school discipline???

2 nd amendment

4 th Amendment What about a car?

Exceptions--LOTS Plain View Incident to an Arrest Car Stop- Provided not DWB! –must have cause to stop! Road blocks so long as random Exigent/Emergency If Police/Govt needs to take custody of property Students---depends on level of privacy expectation and ownership of property- ie. Student lockers? Drug Testing—yes- extracurricular events! (Safford v. Redding)

?????

5 th Amendment

What is to “Not be tried 2x for the same crime” The question is “Double Jeopardy” »Dual Jurisdiction?? Civil v.Criminal???

5 th Amend? YUP Kelo v. New London

6 th Amendment

8 th Amendment

Right to Privacy

14 th Amendment Selective Incorporation Equal Protection Due Process