1. SCOTUS…FACTS YOU NEED TO KNOW
Welcome to the Court

2. First Amendment freedoms
Speech
Religion
Assembly
Press
Petition

3. Congress shall make no law establishing a religion.
Establishment clause
Congress shall make no law establishing a religion.

4. Free exercise clause
Congress shall make no law prohibiting the free exercise (practice) of religion.

5. Does “x” appear to advance OR inhibit a religion?
Lemon test
Used to determine if there is a violation of separation of church and state under action “x.”
Does “x” appear to advance OR inhibit a religion?
Is “x” secular in purpose?
Is there excessive entanglement of government and religion due to “x?”
non-religious

6. Due process
Government must follow Constitutional requirements/rules before depriving anyone of life, liberty, or property.

7. Freedom to choose one’s occupation
Ninth amendment
People have other freedoms that are not specifically mentioned in the Constitution.
Freedom to travel
Freedom to choose one’s occupation
Right to privacy of medical information
Freedom to choose one’s spouse
Freedom to choose one’s place of residence

8. False and malicious PRINTED statements, prohibited by law.
libel
False and malicious PRINTED statements, prohibited by law.

9. False and malicious “S”POKEN statements, prohibited by law
“s”lander
False and malicious “S”POKEN statements, prohibited by law

10. sedition
Speech advocating violence against the government; not protected under the First Amendment

11. Definition of obscenity
Miller Test, used to determine obscenity, in the presence of action/item “x.”
Does “x” have any scientific, literary, political, or educational value?
Would the “reasonable person” in the “community” consider “x” to be obscene?
Does “x” appeal to the prurient interest (tend to excite lust)?

12. Prior restraint
The First Amendment does not usually allow government to stop speech, even illegal speech, before it is expressed. Exception: clear and present danger Exception: disruption in school

13. Symbolic speech
The First Amendment applies to symbolic speech as well as written and spoken speech. Exception: clear and present danger Exception: disruption in school

14. Peaceable vs. non-peaceable assembly
Assembly cannot infringe on others’ rights or property. Assembly is non-violent and does not incite law-breaking. Assembly is in a public place or on private property with the owner’s permission. Assembly does not present a “clear and present danger.”

15. Freedom of association
Government cannot tell you who you can or cannot “hang out” with.
Your choice of association CAN give probable cause for search and/or arrest.

16. Civil rights act of 1964
The Civil Rights Act of 1964, ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin, is considered one of the crowning legislative achievements of the civil rights movement.
Video Clip

17. Civil rights act of 1968
The Civil Rights Act signed into law in April 1968–popularly known as the Fair Housing Act–prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin and sex. Intended as a follow-up to the Civil Rights Act of 1964.
video clip