The Bill of Rights. Incorporation 14 th Amendment – Due Process clause; “No STATE shall deprive a person of life, liberty or property without due process.

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Presentation transcript:

The Bill of Rights

Incorporation 14 th Amendment – Due Process clause; “No STATE shall deprive a person of life, liberty or property without due process of law.” 14 th Amendment – Due Process clause; “No STATE shall deprive a person of life, liberty or property without due process of law.” Incorporated rights: speech, press, religion, assembly, petition, most rights of accused. Incorporated rights: speech, press, religion, assembly, petition, most rights of accused. Not incorporated: bear arms, quartering troops, grand jury, trial by jury in civil cases Not incorporated: bear arms, quartering troops, grand jury, trial by jury in civil cases

Free Speech/Expression

Types of Speech Spoken Spoken Symbolic Symbolic Commercial Commercial Obscenity Obscenity

Standards Clear and present danger Clear and present danger Fighting words Fighting words Slander Slander

Cases Schenck vs. U.S. (1919) Schenck vs. U.S. (1919) Dennis vs. U.S. (1951) Dennis vs. U.S. (1951) Yates vs. U.S. (1957) Yates vs. U.S. (1957) Roth v. US (1957) Roth v. US (1957) Brandenburg v. Ohio (1959) Brandenburg v. Ohio (1959) Tinker vs. Des Moines (1969) Tinker vs. Des Moines (1969) Texas v. Johnson (1989) Texas v. Johnson (1989)

Freedom of the Press

Issues Free press & democracy Free press & democracy Prior restraint Prior restraint Shield laws Shield laws Fair Trials Fair Trials Privacy Privacy Sources Sources Pornography Pornography Libel Libel Elections Elections Cable v. network TV Cable v. network TV Advertising Advertising

Cases Near v. Minnesota (1931) Near v. Minnesota (1931) Zurcher v. Stanford Daily (1978) Zurcher v. Stanford Daily (1978) Miller v. California (1973) Miller v. California (1973) NY Times v. Sullivan (1964) NY Times v. Sullivan (1964) NY Times v. US (1971) NY Times v. US (1971) Hazelwood v. Kuhlmeier (1988) Hazelwood v. Kuhlmeier (1988) Falwell v. Hustler magazine (1988) Falwell v. Hustler magazine (1988) Miami Herald v. Tornillo (1974) Miami Herald v. Tornillo (1974) Red Lion Broadcasting v. FCC (1969) Red Lion Broadcasting v. FCC (1969) US v. Playboy Entertainment (2000) US v. Playboy Entertainment (2000) Reno v. ACLU (2000) Reno v. ACLU (2000)

Freedom of Assembly

Issues Peaceable Peaceable Restrictions Restrictions Time Time Place Place Manner Manner Public vs. private Public vs. private Right to associate Right to associate

Cases De Jonge vs. Oregon (1937) De Jonge vs. Oregon (1937) NAACP v. Alabama (1958) NAACP v. Alabama (1958) Collins v. Smith (Skokie case) (1978) Collins v. Smith (Skokie case) (1978) Chicago v. Morales (1990) Chicago v. Morales (1990) Boys Scouts v. Dale (2000) Boys Scouts v. Dale (2000)