Bill Of Rights

1
Bill Of Rights

• Individual Freedoms from Government

2
Limited Government

• What is it?
• Who gets rights?
• Aliens
• When rights conflict
• Who decideswho winswhat do you do

3
First Amendment

• Congress shall make no lawabridging the freedom
  of speech
• Freedom of Speech
• 2 reasons
• Absolute?

4
6 restrictions

• 1. Obscenity
• definition
• Miller v. California 3 part test
• Apply local community standards and average person

5
6 restrictions

• 2. Fighting Words
• Defintion
• Skokie
• RAV v. Minnesota

6
6 restrictions

• 3. Defamation
• Definition
• Libel
• Slander

7
6 restrictions

• 4. Clear and Present Danger
• Defintion
• Schenk v. United States
• Brandenburg v. Ohio

8
6 restrictions

• 5. Time Place Manner
• Test
• Cox v. Louisiana

9
6 restrictions

• 6. False and Misleading advertising

10
Freedom of religion

• Congress shall make no law respecting an
  establishment of religion or prohibiting the free
  exercise thereof
• Establishment Clause
• Free Exercise Clause

11
Freedom of Religion

• Religion
• Supreme Court Definition
• 1. Must be a belief in God or some parallel
  belief that occupies a central place in a
  believers life
• 2. Must involve a moral code that transcends
  individual belief (cannot be purely subjective)
• 3. Associational ties -must be some community of
  people united by common beliefs
• 4. Must be a demonstrable sincerity of belief

12
Establishment Clause

• IN GOD WE TRUST
• Controversial?

13
Establishment Clause

• History of cases
• Where most cases come from
• 2 differening views
• 1. Forbids establishment of official
  state-sponsored religion
• 2. Broader restriction than mere prohibtion of
  estab church

14
Establishment Clause

• Early cases
• Law requiring students to attend public schools
• Busing
• Nondenominational prayer beginning of school day
• Moments of silence
• Ten Commandments

15
Establishment Clause

• Christian Clubs
• Christmas Displays in and out of school
• Lemon v. Kurtzman
• Issue publicly funded reimbursements for
  non-religious courses at religious schools
• 3 part test
• Current test used to determine if a challenged
  policy is allowed or violation of sep. of church
  and state

16
Establishment Clause

• Money to parochial schools for state standardized
  tests
• Money to parochial schools for field trips
• Money to provide sign interpreter for deaf
  student at parochial school

17
Free Exercise Clause

• What happens when practices conflict with law?
• Gov. draws distinction between belief and conduct
• Aimed at actions deemed socially undesirable

18
Free Exercise Clause

• Test
• Exercise cannot violate criminal law, offend
  public morals, threaten health, safety, and
  welfare of community

19
Free Exercise Clause

• Polygamy
• Religious test for holding public office (Art VI,
  3)
• Vaccination of school kids
• Poisonous snakes
• Peyote and unemployment benefits
• Draft objectors

20
Free Exercise Clause

• Air Force yarmulke
• Amish 8th grade
• Animal sacrifice
• Ministers elected to office
• Jehovas and pledge

21
Petition Assembly

• the right of the people to peaceably assemble,
  and to petition the Government for a redress of
  grievances.
• Private v. public

22
Petition Assembly

• Test
• Regulations must be content neutral

23
Petition Assembly

• Symbolic Speech
• definition
• 3 part test

24
Press

• Congress shall make no law abridging.. the
  freedom of the press.

25
Press

• Prior Restraint
• Confidentiality of Sources
• Movie, TV, Radio