Civil Liberties C.M. Stickney ©2010. Establishment / Free Exercise Clauses of the 1 st Amendment “Congress Shall make no laws respecting an establishment.

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Presentation transcript:

Civil Liberties C.M. Stickney ©2010

Establishment / Free Exercise Clauses of the 1 st Amendment “Congress Shall make no laws respecting an establishment of religion” “Congress Shall make no laws respecting an establishment of religion” “Nor shall it prohibit the free exercise there of” “Nor shall it prohibit the free exercise there of”

Establishment Clause Cases Engle v. Vitale (1962) Engle v. Vitale (1962) No State Sanctioned Prayer No State Sanctioned Prayer SD of Abington Township v. Schempp (1963) SD of Abington Township v. Schempp (1963) No requirement of religious studies classes (bible reading) No requirement of religious studies classes (bible reading) Lemon v. Kurtzman (1971) Lemon v. Kurtzman (1971) Lemon Test Lemon Test

Lemon Test 1. Has to have secular or legislative purpose 2. Have a primary effect that neither advances nor inhibits religion 3. Must Not foster an excessive government “entanglement” with religion.

Free Exercise Employment Division v. Smith (1990) Employment Division v. Smith (1990) Free Exercise does not mean you can endanger yourself or others. Free Exercise does not mean you can endanger yourself or others. No Murder, No Drugs, limited practice where you are in danger, or violate a safe school environment. No Murder, No Drugs, limited practice where you are in danger, or violate a safe school environment.

Free Exercise Santa Fe v. Doe (2000) Santa Fe v. Doe (2000) Students cannot lead a pray that is sectarian in nature where there is a captive audience. Students cannot lead a pray that is sectarian in nature where there is a captive audience.

Prior Restraint To prevent the publication of information. To prevent the publication of information. Near v. Minnesota (1931) Near v. Minnesota (1931) No PR No PR

Free Speech / Public Order Schenck v. US (1919) Schenck v. US (1919) speech is not approved when it present a clear and present danger speech is not approved when it present a clear and present danger Dennis v. US (1951) Dennis v. US (1951)

Free Press/Fair Trial Zurcher v. Stanford Daily Zurcher v. Stanford Daily

Libel/Slander Five Points for a Lawsuit Five Points for a Lawsuit 1. Subject must be identified 2. Information must be disseminated 3. Statements/claims must be False (Except False light Cases) 4. Must Cause Harm 5. Must demonstrate “actual malice”

Libel/Slander Written or Spoken Word Written or Spoken Word Libel-written (NY Times) Libel-written (NY Times) Slander-Spoken (Oprah) Slander-Spoken (Oprah) New York Times v. Sullivan (1964) New York Times v. Sullivan (1964)

Commercial Speech Red Lion v. FCC (1969) Red Lion v. FCC (1969)

Freedom of Assembly NAACP v. Alabama (1958) NAACP v. Alabama (1958) Don’t have to give membership lists to government Don’t have to give membership lists to government Gregory v. Chicago (1969) Gregory v. Chicago (1969) Have to obey your officers and time, place, and manner of protest restrictions Have to obey your officers and time, place, and manner of protest restrictions School are Captive Audiences School are Captive Audiences Not after 7:30 or before 2:30 Not after 7:30 or before 2:30 Collins v. Smith Collins v. Smith Can’t keep a group away because you don’t like them Can’t keep a group away because you don’t like them

Civil Rights and Movements 4 th & 5 th Right against unlawful Search and Seizure 4 th & 5 th Right against unlawful Search and Seizure 6 th Right to Counsel 6 th Right to Counsel 8 th No Cruel and Unusual Punishment 8 th No Cruel and Unusual Punishment

4 th and 5 th Probable Cause—occurrence that give police idea that a crime has been committed Probable Cause—occurrence that give police idea that a crime has been committed Reasonable Suspicion– occurrence that gives principal, teacher or AP; based on prior experience as an administrator or leader, that a violation of the school board policy, safe school environment, or law has been broken. Reasonable Suspicion– occurrence that gives principal, teacher or AP; based on prior experience as an administrator or leader, that a violation of the school board policy, safe school environment, or law has been broken.

Cases New Jersey v. TLO (198?) New Jersey v. TLO (198?) Reasonable suspicion Reasonable suspicion Mapp v. Ohio (1961) Mapp v. Ohio (1961) Exclusionary rule Exclusionary rule US v. Leon (1995) US v. Leon (1995) Plain sight Plain sight Good faith Good faith Florida v. J.L. (2000) Florida v. J.L. (2000)