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establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.
* regarding freedom of religion: establishment clause and the free exercise clause. Thomas Jefferson argued that the First Amendment created a "wall of separation" between church and state that forbade any support for religion at all. |
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| Barron v. Baltimore (1833 |
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| Supreme Court ruled that the Bill of Rights restrained only the national government and not states and cities. |
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| a state government must respect some First Amendment rights |
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| the Court announced that freedoms of speech and press "were fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states." |
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| Era of Chief Justice Earl Warren( 1960s ) |
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| is when The Supreme Court gradually applied most of the Bill of Rights to the states, developing the concept of the incorporation doctrine. |
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| Attorney general who strongly criticized Gitlow and called for "disincorporation" of the Bill of Right. |
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| Engel v. Vitale and School District of Abington Township, Pennsylvania v. Schempp |
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| Court ruled that voluntary recitations of prayers or Bible passages, when done as part of classroom exercises in public schools, violated the establishment clause. |
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| Employment Division v. Smith (1990) |
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| the Supreme Court ruled that states can prohibit certain religious practices, but not religion itself. |
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| the Supreme Court declared that aid to church-related schools must have a secular legislative purpose, cannot be used to advance or inhibit religion, and should avoid excessive government "entanglement" with religion. |
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| upheld a program that provided some families in Cleveland, Ohio, with vouchers that could be used to pay tuition at religious schools. |
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| Conservative religious groups |
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| can not teach creation science in the public schools / can set up religious scenes on public property. |
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| Court allowed Amish parents to take their children out of school after the eighth grade because they did not want their children going to public school. |
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Symbolic speech
(Freedom of Speech) |
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| forms of nonverbal communication (like picketing) that are protected under the First Amendment. As opposed to forms of expression that are considered action, and are not protected. |
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| The Court has generally struck down prior restraint of speech and press (censorship that prevents publication), although the writer or speaker could be punished for violating a law or someone's rights after publication. |
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| Schenck v. United States (1919) |
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| Justice Oliver Wendell Holmes declared that government can limit speech if it provokes a clear and present danger of "substantive evils. |
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| How war pays a role in censorship |
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- often bring government efforts to enforce censorship
- Free speech advocates did little to stem the relentless persecution of McCarthyism during the "cold war" of the 1950s, when Senator Joseph McCarthy's unproven accusations that many public officials were Communists
- but courts today are very supportive of the right to protest, pass out leaflets, or gather signatures on petitions. |
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| conflicts between different types of freedoms ( generated by the Bill of Rights ) |
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| -free trial vs. free press ( a trial may not be fair if pretrial press coverage makes it impossible to select an impartial jury ). |
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| Zurcher v. Stanford Daily |
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| Supreme Court disagreed with journalists' demand to keep some of their own files secret in order to protect a confidential source. |
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Chief Justice Warren Burger wrote that materials were obscene if, taken as a whole, they appealed "to a prurient interest in sex"; showed "patently offensive" sexual conduct that was specifically defined by an obscenity law; and taken as a whole, lacked "serious literary, artistic, political, or scientific value". (Miller vs. California ).
- Roth v. United States: "obscenity is not within the area of constitutionally protected speech or press" |
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Libel (the publication of statements known to be false that tend to damage a person's reputation) and slander (spoken defamation) are not protected by the First Amendment
- statements about public figures are libelous only if made with malice and reckless disregard for the truth (New York Times v. Sullivan, 1964) |
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| Supreme Court decided that the state law prohibiting flag desecration violated the First Amendment |
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| more restricted than are expressions of opinion on religious, political, or other matters. Similarly, radio and television stations are subject to more restrictions than the print media |
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| Federal Trade Commission (FTC) |
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decides what kinds of goods may be advertised on radio and television and - - regulates the content of such advertising
- attempts to ensure that advertisers do no make false claims for their products, but "truth" in advertising does not prevent misleading promises |
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| Federal Communications Commission (FCC) |
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| regulates the content, nature, and very existence of radio and television broadcasting. |
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| (Miami Herald Publishing Company v. Tornillo, 1974 |
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| voided law that Florida had passed requiring newspapers in the state to provide space for political candidates to reply to newspaper criticisms |
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- The right to assemble: the right to gather together in order to make a statement;
- The right to associate: the freedom to associate with people who share a common interest. |
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| forbidding unreasonable searches and seizures. No court may issue a search warrant unless probable cause exists to believe that a crime has occurred or is about to occur, and warrants must describe the area to be searched and the material sought in the search. |
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| prevent illegally seized evidence from being introduced in federal courts. |
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| Supreme Court incorporated the exclusionary rule within the rights that restrict the states as well as the federal government |
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| established the good-faith exception, one of the exceptions to the exclusionary role. |
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| The Patriot Act gave the federal government the power to examine a terrorist suspect's records held by third parties such as doctors, libraries, bookstores, universities, and Internet service providers. It also allowed searches of private property without probable cause and without notice to the owner until after the search has been executed. |
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| prohibition against forced self-incrimination, suspects cannot be compelled to provide evidence that can be used against them. The burden of proof rests on the police and the prosecutors, not the defendant. |
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| Miranda v. Arizona (1966) |
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| set guidelines for police questioning of suspects, whereby suspects must be informed of their constitutional rights. The more conservative Rehnquist Court made some exceptions to the Miranda rulings, but the Court in Dickerson v. U.S. (2000) made clear its continued support for the Miranda ruling |
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right to counsel in federal courts; Supreme Court ordered states to provide an attorney for indigent defendants accused of a capital crime (Powell v. Alabama), and in 1963, the Court extended the same right to everyone accused of a felony (Gideon v. Wainwright). The Court later ruled that a lawyer must be provided for the accused whenever imprisonment could be imposed (Argersinger v. Hamlin, 1972);
speedy trial and an impartial jury, but most cases are settled through plea bargaining rather than through trial by jury. |
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| forbids cruel and unusual punishment, but it does not define the phrase. Most of the constitutional debate over cruel and unusual punishment has centered on the death penalty. |
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| the Court first confronted the question of whether the death penalty is inherently cruel and unusual punishment. A divided Court overturned Georgia's death penalty law because its imposition was "freakish" and "random" in the way it was arbitrarily applied |
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| Court refused to rule that the penalty violated the equal protection of the law guaranteed by the Fourteenth Amendment. |
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| upreme Court first referred to the idea that the Constitution guarantees a right to privacy in this case |
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| forbade any state control of abortions during the first trimester; permitted states to allow regulated abortions to protect the mother's health in the second trimester; and allowed the states to ban abortion during the third trimester except when the mother's life was in danger |
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| Planned Parenthood v. Casey |
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| the Court changed its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation |
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| ohibition of "partial birth" abortions was unconstitutional because it placed an undue burden on women seeking an abortion by limiting their options to less safe procedures and because the law provided no exception for cases where the health of the mother was at risk |
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| made it a federal crime to intimidate abortion providers or women seeking abortions. |
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