1. Nationalization of Power & Civil Liberties
Bill of Rights as Protections
Selective Incorporation
Fundamental Freedoms, but Not Absolute

2. Protection Against Whom?
Bill of Rights
Barron v. Baltimore (1833)
14th Amendment
“No State shall … deprive any person of life, liberty, or property, without due process of law.”

4. 1st Amendment: Religion, Establishment Clause
“Congress shall make no law respecting an establishment of religion, ….”
Engel v. Vitale (1962): Officially organized prayer in schools unconstitutional
But, other accommodations possible
Distinction between K-12 & Higher Ed.

5. 1st Amendment: Religion, Free Exercise Clause
“Congress shall make no law … prohibiting the free exercise [of religion.]”
What is religious faith?

6. 1st Amendment: Religion, Free Exercise Clause
Justice Douglas: “The religious views espoused [in this case] might seem incredible, if not preposterous, to most people. But if those doctrines are subject to trial before a jury charged with finding their truth or falsity, then the same can be done with the religious beliefs of any sect” U.S. v. Ballard (1944).

7. 1st Amendment: Speech & Press
Issues
Prior Restraint
Differing Interpretations Depending on Context
“Dangerous tendency”—Gitlow v. New York (1925)
“Clear and present danger”—Schenk v. U.S. (1919)

8. 1st Amendment: Speech & Press
Issues
Symbolic Speech
Hate Speech
Speech Zones

9. 1st Amendment: Speech & Press
Unprotected Speech
Libel (written) v. Slander (spoken)
“Fighting Words”
Obscenity
“Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law.”
“Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value”
Applied to the locality in question

10. 1st Amendment: Freedom of Assembly & Petition
Connected with Speech, can be regulated by “time, place, & manner”

11. 2nd Amendment: Right to Keep & Bear Arms
McDonald v. Chicago (2010)

12. 4th & 5th Amendments: Rights of Criminal Defendants
4th—Search & Seizure: Mapp vs. Ohio (1961)
5th—Self Incrimination & Double Jeopardy
Miranda v. Arizona (1966)

13. 6th & 8th Amendments: Rights of Criminal Defendants
6th—Right to Counsel—Gideon v. Wainwright (1963)
6th—Jury Trials—Peers?
8th—Cruel & Unusual Punishment (Furman vs. Georgia 1972)

14. 9th Amendment: Right to Privacy
Griswold v. Connecticut (1965)—9th + 1st, 3rd, 4th, & 14th –Contraception
Roe v. Wade (1973)—Abortion
Lawrence v. Texas (2003)—Homosexuality
Gonzalez v. Oregon (2005)—”Right to Die” (AG’s authority)