landmark case review a. the right to an attorney applies to both the federal and state laws b....

LANDMARK CASE REVIEW

A. The right to an attorney applies to both the federal and state laws

B. Established the separate-but-equal doctrine

C. The strict racial quotas, as part of affirmative action, are unconstitutional

D. Separate is inherently unequal

E. People under arrest must be informed about their right to remain silent and their right to an attorney

F. Made abortion legal national-wide

1. Plessy v. Ferguson (1896)

2. Brown v. Board of Education (1954)

3. Gideon v. Wainwright (1963)

4. Miranda v. Arizona (1966)

5. Roe v. Wade (1973)

6. Regents of the University of California v. Bakke (1978)

CHAPTER 13 NOTESBegins Now!

CONSTITUTIONAL RIGHTS

The Bill of Rights was originally intended as a protection against the actions of the federal government

The B.O.R. begins with the phrase, “Congress shall make no law …”

A process called incorporation extended the Bill of Rights to all levels of government.

Meaning = the basic rights guaranteed in the B.O.R. cannot be denied at the state or local level.

THE 14TH AMENDMENT

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law …”

The Supreme Court has interpreted the “due process” clause to mean that the Bill of Rights applies to all levels of government.

The Supreme Court has interpreted “liberty” in the 14th Amendment to especially mean the guarantees in the 1st Amendment.

1ST AMENDMENT

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

THE ESTABLISHMENT CLAUSE


The Establishment Clause is the first piece of the 1st Amendment

Congress shall make no law respecting an establishment of religion,

Jefferson described the 1st Amendment as creating a “wall of

separation” between church and state.

Just how high does that wall go? At what point can the government aid religion?

Today, 90% of Americans identify with a religion.

If the government is “of the people, by the people and for the people …” then shouldn’t they be able to aid that which is so important to the people?

THE ESTABLISHMENT CLAUSE: CHECK

1. What is the establishment clause?

2. Who first describe the 1st Amendment as creating a “wall of separation”?

3. Today, ________% of Americans identify with a religion.


Everson v. Board of Education (1947)

Outcome: the state can pay for busing students to public as well as parochial schools

Lemon v. Kurtzman (1971)

Outcome: The Lemon Test (can the gov’t aid religion or religious institutions)

1. Have a clear secular, nonreligious, purpose

2. In its main effect neither advance nor inhibit religion

3. Avoid ‘excessive government entanglement with religion”


Engel v. Vitale (1962)

New York board of Regents composed this nondenominational prayer that it encouraged schools to use:

“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country.”

The Court ruled that the prayer was unconstitutional

Other cases regarding school prayer in the early 1960’s resulted in:

The banning of school-sponsored Bible reading, the recitation of the Lord’s prayer, and prayer over the loud speaker at football games.

THE ESTABLISHMENT CLAUSE: CHECK

Pair-share(reflect): How are you feeling about all these court

rulings?

Do you think they are as they should be? Why or why not?

Is the Court responding to the majority’s concerns or the minority’s?

Would you prefer it to be different? Why or why not?


Westside Community Schools v. Mergens (1990)

In Omaha, Nebraska, the students of a public school wanted to form a club where they could read the Bible and pray.

School officials originally refused so the students sued.

The Supreme Court ruled: “In distinguishing between "curriculum" and "noncurriculum student groups," the Court held that since Westside permitted other noncurricular clubs, it was prohibited under the Equal Access Act from denying equal access to any after- school club based on the content of its speech. The proposed Christian club would be a noncurriculum group since no other course required students to become its members, its subject matter would not actually be taught in classes, it did not concern the school's cumulative body of courses, and its members would not receive academic credit for their participation.”


Teaching the theory of Evolution Epperson v. Arkansas (1968)

Outcome: “the state has no legitimate interest in protecting any or all religions from views distasteful to them.”

Result = teaching evolution is okay

Edwards v. Aguillard (1987) Court ruling: that a law

requiring the teaching of creationism violated the establishment clause because its primary purpose was “to endorse a particular religious doctrine”

Result = teaching creationism is not required

THE ESTABLISHMENT CLAUSE Teaching the theory of Evolution

Epperson v. Arkansas (1968) Outcome: “the state has no

legitimate interest in protecting any or all _________ from views distasteful to them.”

What was the result?

Edwards v. Aguillard (1987) Court ruling: that a law

requiring the teaching of _________ violated the establishment clause because its primary purpose was “to endorse a particular religious doctrine”

What was the result?

CHURCH AND STATE

Contradictions? … The court has struck down

prayer in public schools, but it upheld prayer in Congress.

A public school cannot have a chaplain, but the armed services can.

The government cannot “advance” religion, but it can print “In God We Trust” on every one dollar bill.

FREE EXERCISE CLAUSE

THE FREE EXERCISE CLAUSE

The Free Exercise Clause is the second piece of the 1st Amendment Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof;


Religious practice may be limited:

Reynolds v. United States (1879)

Mormonism and polygamy

Court ruling: people are not free to worship in ways that violate laws protecting the health, safety, or morals of the community

Oregon v. Smith (1990) – the Court denied unemployment benefits to a worker fired for using drugs as part of a religious ceremony.

Wisconsin v. Yoder (1972) – The Court decided that the state could not require Amish parents to send their children to public school beyond the 8th grade


Minersville School District v. Gobitis (1940) Jehovah’s Witness children refused to salute the flag, and they were

expelled

The Court upheld the expulsion; they ruled that, as a patriotic symbol, saluting the flag did not infringe on religion

Following the Court’s decision, West Virginia passed laws requiring classes in civics and government, also regular flag salutes and recitations of the Pledge of Allegiance

West Virginia State Board of Education v. Barnette (1943) The Court overruled its previous decision

“To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds.”

FREE SPEECH CLAUSE

FREEDOM OF SPEECH

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,

FREEDOM OF SPEECH Types of Speech:

Pure speech – the verbal expression of thought and opinion before an audience that has chosen to listen

This is the most common form of speech

Symbolic speech – involves using actions and symbols, in addition to or instead of words, to express opinions

Because this type of speech involves actions it may be subject to more government restrictions.

The Supreme Court has ruled that the 1st Amendment does not permit expressive conduct that endangers public safety.

FREEDOM OF SPEECH: CHECK

Types of Speech:

____________ – involves using actions and symbols, in addition to or instead of words, to express opinions

____________ – the verbal expression of thought and opinion before an audience that has chosen to listen

What is the most common form of speech?

Why can the government regulate symbolic speech more than pure speech?

REGULATING SPEECH

Seditious speech – a speech that urges government overthrow

How do we test speech to tell if its covered under the 1st Amendment?

1. Clear and present danger test

Example: yelling fire in a crowded theater

2. The preferred position Doctrine

The 1st Amendment freedoms hold a preferred position over competing interests.

Example: free speech trumps right to privacy

OTHER SPEECH NOT PROTECTED

Defamatory speech – false speech that damages a person’s good name, character, or reputation

Slander – is verbal, spoken (and false)

Libel – is in print, written (and false)

“Fighting Words” – words that are so insulting that they provoke immediate violence.

Student Speech - Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” but they do not have exactly the same rights as adults if the exercise of those rights impedes the educational mission of the school.

school officials can decide “what manner of speech in the classroom or in school assembly is appropriate”

OTHER SPEECH NOT PROTECTED: CHECK

______________ – false speech that damages a person’s good name, character, or reputation

__________ – is verbal, spoken (and false)

__________ – is in print, written (and false)

____________ – words that are so insulting that they provoke immediate violence are not protected

Student Speech - Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” but they do not have exactly the same rights as adults if the exercise of those rights______________________.

FREEDOM OF THE PRESS


First Amendment: Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press;.


Prior restraint: censorship of information before it is published

Some countries practice prior restraint, but the U.S. tries not to.

The Supreme Court has ruled that the press may be censored only in cases relating directly to national security.

FREEDOM OF THE PRESS What do we do when the 1st

Amendment and the 6th Amendment rights conflict?

Who has the greater “right” … the press or the man who has the right to a fair trial?

The Court has given judges the power to limit press coverage in these ways:

1. Moving the trial location

2. Limiting the number of reporters in the courtroom

3. Controlling reporter behavior in the courtroom

4. Isolating witnesses and jurors from the press

5. Having the jury sequestered (or kept isolated)


Gag order: an order by a judge barring the press from publishing certain types of information about a pending court case.

These are allowed if there is a “reasonable probability” that publicity would harm the defendant’s right to a fair trial.

When asked by a judge, do reporters have to reveal their sources?

The Court has ruled that the first Amendment does not give special privileges to news reporters.

Some states have shield laws to allow the reporters to protect confidential information and private sources.

reporter

The law

FREEDOM OF THE PRESS: CHECK

__________: an order by a judge barring the press from publishing certain types of information about a pending court case.

These are allowed if there is a “__________ __________” that publicity would harm the defendant’s right to a fair trial.

The Court has ruled that the first Amendment does not give special ___________ to news reporters.

Some states have ________ laws to allow the reporters to protect confidential information and private sources.

reporter

The law


Radio and Television

FCC (Federal Communications Commission) can require stations to observe certain standards

Motion Pictures (movies)

“liberty of expression by means of motion pictures is guaranteed by the first and fourteenth amendments.”

E-mail and the internet

Advertising

Advertising is considered “commercial speech” (speech that has a profit motive) and is given less protection under the first amendment

FREEDOM TO ASSEMBLE

FREEDOM OF THE ASSEMBLY

First Amendment: Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble,

WHAT DOES “ASSEMBLY” MEAN?

Freedom of assembly applies not only to meetings in private homes but also to those in public places

It protects the right to make views known to public officials and others by such means as petitions, letters, lobbying, carrying signs in a parade, or marching.

Parades and demonstrations are subject to greater government regulation than exercises of pure speech and other kinds of assembly because they can easily lead to violence.

Some states require public protesters to obtain a permit before assembling to protect public safety and order.

ASSEMBLY LIMITATIONS

You cannot assemble on private property without permission

Example: private parks, shopping malls

Schenck v. Pro-Choice Network of Western New York (1997)

Created a 15 foot buffer zone around abortion clinics

The police may interfere as long as they are doing so to preserve order and not to suppress speech.

LABOR PICKETING V. ASSEMBLY

Labor picketing tries to persuade customers and workers not to deal with a business.

Peaceful picketing has been ruled allowable under the 1st.

However picketing can be limited to times when there is an actual labor dispute.

Freedom of Association

The individual has the right to join organizations such as a political party, interest groups, or ever those hostile to the government.

The Clear and Present Danger doctrine will be applied to assembly situations.

landmark case review a. the right to an attorney applies to both the federal and state laws b....

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