1. Constitutional Freedoms
Chapter 15-16

2. Types of Speech
Pure speech –
Symbolic speech -

3. Speech that can be limited by government
Categories that can be limited
Obscenity
Defamation
Fighting words
Commercial speech
Seditious Speech
Only speech that is “inciting immediate lawlessness” can be prohibited

4. Time Place and Manner Restrictions
Permits to hold a march are legal
Members of the military are prevented from using contemptuous language against the President
Prisons, schools and the military can restrict speech and press because the government has a “compelling interest” in making sure the purpose of the institution is not compromised

5. Free Press Censorship Prior Restraint
Fair trials and gag orders – Nebraska Press Association vs. Stuart (1976)

6. Freedoms of Petition and Assembly

7. Freedom of Religion Establishment Free Exercise Lemon Test
Secular purpose
Must neither enhance nor inhibit religion
Avoid excessive entanglement between govt and religion
Free Exercise
Engel v. Vitale – public sponsored school prayer
Govt displays of religion
Mcreary Co. v. ACLU 2005 – no because primary purpose was religious
Van Orden v. Perry 2005 – yes because the purpose was historical

8. 14th Amendment Major Provisions
Granted citizenship to all persons born in US
Guaranteed due process of law from state governments
Guaranted equal protection of the laws from state governments
Procedural due process –
Substantive due process -

9. Standards of Review Strict Scrutiny Substantial Relationship
Rational Basis

10. Incorporation Barron v. Baltimore (1833) – Incorporation doctrine –
Selective Incorporation –

11. 16.1 Rights of Criminal Defendants
4th Amendment
Unreasonable search and seizure
Exclusionary rule
Probable cause
New Jersey v. TLO
Mapp v. Ohio

12. SCOTUS Interpretation of the 5th Amendment
Protection against self incrimination
Protection against double jeopardy
Procedural due process guarantee
Miranda Rights
Right to remain silent
Right to the presence of an attorney

13. Sixth Amendment Right to a jury Excluding jurors
Speedy and public jury