Civil Liberties

US v. Schenck

(burning draft cards) - Not allowed Espionage Act - prevented people from Obstructed war efforts

Chaplinsky v. New Hamshire

(fighting words) Words to cause a fight Never used

Near v. Minnesota

(not allowed) Prior Restraints - censorship of the press before a story is publish

Procedual due process

- Did government act properly in applying its powers? Courts have made procedural limitations on law enforcement

When can the courts limit free speech?

- Inciting or producing imminent action and is likely to produce social action

Warrants

- Probable cause needed - Specific laying out what/where they are going to search

5th amendments

- Right to a jury - double jeopardy is not allowed (convictions) - can't self incriminate (Miranda (rights) v. arizona - Private property taken without just use for the public

Lemon v. kurtzman

- Secular Legislative Purpose? - Neither advances nor inhibits religion? - Excessive Entanglement?

6th amendments

- criminal prosecutions, the accused has the right to a speedy and public trial. By impartial - right to an attorney

Establishment Clause ("No law" regarding the establishment of relgion)

1. Gov is prohibited only from establishing an official church 2. Gov cannot take sides among competing religions but can provide assistance to religious institutions or ideas so long as to not show favoritism (accommodationist) 3. "Wall of seperation" between church and state that the gov cannot breach

14th amendment

All Americans ARE citizens of the US and the states they live in. No state shall make or enforce any law that infringes on privileges/immunities that the US federal government gives to it's citizens. Nor deprive a person of life, liberty, or property without due process of the law; not deny equal protection of the law

Brandenburg v. Ohio

Allowed KKK the right to free speech since it was political

religious faith and their mode of life are, as they claim, inseparable and interdependent.

Although a determination of what is a "religious" belief or practice entitled to constitutional protection may present a most delicate question, the very concept of ordered liberty precludes allowing every person to make his own standards on matters of conduct in which society as a whole has important interests.

The State's involvement in the school prayers challenged today violates what principles in the case Lee v. Weisman

Constitution guarantees that government may not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way which "establishes a [state] religion or religious faith, or tends to do so."

NY times v. US

Could US print the pentagon papers... No they cannot

Barron v. Baltimore

Court says Bill of rights applies to the nation, meaning federal, government, not to the states. Every citizen has dual citizenship. Meaning within the states the constitution only protects you from the federal government

Lemon test

Criteria for lower courts to rule under the circumstances under which state financial assistance to religious school was constitutional; 1. Has secular purpose (not religious) 2. Effect was to neither advance/inhibit religious 3. Did not entangle gov and religious institutions in one another's affairs

Freedom of the press

Disables the government from censoring the press

Drunk driving check points

Drunk driving checkpoints are okay. Even though breathalyzer is a search

Exclusionary Rulee

Evidence seized pursuant to an illegal search cannot be used against a defendant

Is the law it's self is attacking or framed against a certain religion

Fits governmental nuetrality

Substantive Due process

Government can't infringe on fundamental liberties

New York times v. Sullivan

In order to win Libel (misleading readers to believe something not totally true) case, one must prove that publisher of libelous statement knew that statement was false and acted with reckless disregard

Substative liberties

Limitations on what the government can do. (Can't create a state church)

Gitlow vs. New York

Made so the 1st amendment applies to all states

Freedom of the press limitations

National Security (press cannot print detailed descriptions of where troops are during a war)

Mapp vs. Ohio

Need a warrent to search someone

We do not hold that every state action implying religion is invalid if one or a few citizens find it offensive.

People may take offense at all manner of religious as well as nonreligious messages

Engel vs. Vitale

Prayer in schools violated religious freedom

Procedural Liberties

Restrictions on how the government should act. (innocent until proven Guilty)

Pressure/ forced participation

Standing being quite made a direct injury, Peer pressure, too high of conformity. The individual should not go out of their way to avoid religious prayers in a public institution even if they are excused

Searches in schools

Students do not have the same protection as other citizens. In the interest of the states to keeping schools safe, drug and weapon free educational environment trumps privacy

Is it okay to allow prayer before congress

The Court in Marsh found [that] history supported the conclusion that legislative invocations are

4th 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.

Establishment clause

US cannot create an official state and church. Laws are not based on religion. US does not endorse religion

Free exercise clause

US cannot prohibit someone from being part of a certain religion. Doesn't mean any religious practice is okay

First Amendment is not a majority rule and gove may not seek to define permissible categories of religious speech

Wisconsin concedes that, under the Religion Clauses, religious beliefs are absolutely free from the State's control, but it argues that "actions," even though religiously grounded, are outside the protection of the First Amendment. But our decisions have rejected the idea that religiously grounded conduct is always outside the protection of the Free Exercise Clause.

Perferred Position

any law/ regulation/ executive act that limits political speech is almost always struck down by courts

Wall of sepertation

disagreement, courts have stricken down school prayers. Inconsistent in the courts

Prayer is okay if the prayer

is nonsecular and god is referred to generally

Symbolic speech

is permitted

Spending $ on political campaign

is speech that is protected by 1st amendment

Benton vs. Maryland

right against double jepordy

Wisconsin v. Yoder

the Amish are not against edu past the 8th grade only they wish to teach different skills in the coming years more 'doing'