1. Civil Liberties
The Bill of Rights

2. First Amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

3. Freedom of Religion: Establishment Clause
Prohibits the national government from establishing a national religion
Engel v. Vitale 1962: no school prayer
Lemon test: (Lemon v. Kurtzman, 1971: state aid for private—religious-- school teachers)
Law, action is ok IF:
Secular purpose
Neither advances nor inhibits religion
Does not foster an excessive government entanglement with religion
Court decided state funds for paying private school teachers did not meet this standard

4. The Free Exercise Clause
a citizen’s right to practice his or her religion
Beliefs (not limited)
vs. Actions (can have limits)
Snake handling, illegal drug use, polygamy
Prisoners have a right to practice
not always
On peyote use:

5. Freedom of Speech Historic limits: Alien and Sedition Acts
Civil War: Lincoln
World War I: Schenk v. US
“Clear and present danger”
1969 “direct incitement”
Direct incitement?

6. Freedom of Speech and Press
Prior Restraint: prevents the government from prohibiting speech or publication before the fact; a violation of the First Amendment
Prior Restraint: Daniel Ellsberg: Pentagon Papers
(Trailer)

7. Symbolic speech: protected
Arm bands
flags
flag burning

8. Hate speech: an emerging area
Is it different and therefore not protected?
Cross burning in 2002
(p88 and end)
While it is symbolic speech and therefore they overturned Virginia’s law banning cross burning, they also said due to its history, it is kind of like hate speech and therefore might not always be protected.

9. Hate Speech, Unpopular Speech, Speech Zones
Two-thirds of colleges and universities have banned a variety of forms of speech or conduct that creates or fosters an intimidating, hostile or offensive environment on campus.
Some have created free speech zones.
These restrict the time, place or manner of speech
Implication that speech can be limited on other parts of campus
ACLU a critic a such policies; filed number of suits, but none has reached the Supreme Court
hate

10. Unprotected Speech and Publications
Slander
Untrue spoken statements that defame the character of a person
Libel
False written statements or written statements tending to call someone’s reputation into disrepute
Burden of proof: that statement is untrue
“actual malice” must be provided to support a finding of libel against a public figure.
“knowledge of falsity,” “reckless disregard for the truth”
Malice standards make it difficult for public officials or persons to win libel cases.

11. Not protected Fighting Words Obscenity and Lewdness Definition?
Roth v. US (1957): utterly without redeeming social value and if applying contemporary community standards wholly appeals to the prurient interest
LAPS test, 1973
“I know it when I see it”

12. Second Amendment
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
2008 Supreme Court Case:
Not just for militia, but a private citizen’s right
Gun rights timeline:

13. Third Amendment
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

14. Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

15. Court: police can search without a warrant
The person arrested
Things in plain view of the accused person
Places or things that the arrested person could also touch or reach or are otherwise in the arrestee’s immediate control.
BUT: police must knock and announce their presence before entering a home or apartment to execute a search

16. Searches: no warrant
“Reasonable Suspicion” : that someone committed or may be about to commit a crime: a lower standard
Consent is given
Drunk Drivers
Open fields: no expectation of privacy

17. Searches Houses: private: usually need a warrant Cars: less clear
Drug testing: “your person” so usually allowed

18. Fifth Amendment
“No person shall be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

19. Miranda Rights Are confessions “voluntary”?

20. Sixth Amendment
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed. . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

21. 6th Amendment
Gideon v. Wainwright (1963): Court will provide an attorney
Jury selection:
preemptory challenges: no reason need be given for excluding jurors
Recently Af Ams can’t be excluded: 1986
Women: 1994

22. Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

23. What is cruel and unusual?
Furman v. Georgia, 1971:
“degrading to humanity” (torture)
Arbitrarily enforced (death penalty?)
Utterly rejected by society
unnecessary

24. Right to Privacy
Implied in freedom of religion, freedom from searches and seizures
“The right to be left alone”
Issues:
Birth Control
Abortion: Roe v. Wade
Sex
Right to Die

25. Due Process In the 5th and 14th Amendments

26. Incorporation
Do the states laws have to be in line with the Constitutional Bill of Rights?
1800s: not really
1900s: more rights were “incorporated”: states had to uphold too
Chart in book

27. More Amendments