Incorporation Doctrine
-If a state does something that opposes what is stated in The Constitution, the first amendment is violated.
-Gitlow vs. New York (1925): Prints out 16,000 manifestos in hopes to overthrow the US government, THIS IS OKAY because it is freedom of speech.
idea vs. action
-you can be very close to crossing the line if you “attack” an individual
-Gideon vs. Wainwright: Gideon was not given a fair trial because he could not afford a lawyer and the court denied him one. (THIS IS
UNCONSTITUTIONAL) Due Process Clause
-(14th and 5th Amendment) Refers to court procedures and extends to individual rights. Everyone has the right to a fair trial.
-Illegal immigrants and suspected terrorists do not receive due process. Is this right? First Amendment Guarantees: Freedom of Religion
-Lawmakers are worried that we are becoming a godless nation-even though 70% of Americans are current members of a church or synagogue
-Article of Constitution states that there is no test or requirement for candidates to state their religion or beliefs before or during their term in office
-Early colonists left their home countries in order to escape religious persecution, however when they arrived in the New World they often faced the same persecution. The Establishment Clause The Free Exercise Clause First Amendment Guarantees: Freedom of Speech, Press, and Assembly
-your acts cannot be violent The Alien and Sedition Acts Slavery, The Civil War, and Rights Curtailment World War I and Anti-Government Speech Protected Speech and Publications Prior Restraint Symbolic Speech Hate Speech, Unpopular Speech, and Speech Zones Unprotected Speech and Publications Libel and Slander Fighting Words Obscenity and Pornography
-Champlinsky vs. New Hampshire (1942) - The supreme court tried to distinguish between
protected and uprotected speech. -> trying to decide speech what should be protected/unprotected
-Obscenity, lwedness, libel, and fighting words are not protected by the first amendment.
-Through 1957, based what was obscene on an English common-law test mode in 1896.
-Roth vs United States 1957 - Obscene = must be utterly without redeeming social importance.
-Thoughout 1950's and 60's "pruirient" was hard to define. Judge actions or words?
-When Richard Nixon was elected (1968) he hired judges who would not take the issue lightly
-Miller vs California (1973) - Made it easier to regulate what is obscene. Offenseve, blatantly present sexual conduct, lacks seriousness (artistic/scientific value).
-1990's allowed communitities to draft lawas (Different states have different nudity laws.) Congress and Obscenity
-Law makers have been able to restrict a far amount of the sale and distribution of obscene materials, but congress still has concerns, like funding for the arts and the distribution of the obscenity and pornography on th einternet. In 1990 concern ofver the use of federal dollars for the works with controversial religions or sexual themes led to the passage of legislation requiring the NEA to take into consideration the standards of decency and respect for other cultures and beliefs.
-In 1996 congress passed the Telecommunications Reform act, which banned obsscene things to those younger than 18.
Supremem court ended up rulling that congress was violating the freedom of speech rights to limit smut on the internet.
-To get around this congress made the COPA which forced commercial web sites to collect a creditcard number as proof of age before someone can view a site that was considered harmful to minors. In 2000 a federal appeals court ruled that this was unconstitutional.
-Today, solutions are still trying to be created to solve this problem, including now, taking away budget from schools that don't block obscene or pornographic websites. Freedoms of Assembly and Petition The Second Amendment: The Right to Keep and Bear Arms The Rights of Criminal Defendents The Fourth Amendment and Searches and Seizures The Fifth Amendment and Self-Incrimination The Fourth and Fifth Amendments and the Exclusionary Rule The Sixth Amendment and Jury Trials The Eighth Amendment and Cruel and Unusual Punishment The Right to Privacy Birth Control Abortion Homosexuality The Right to Die
Incorporation Doctrine
-If a state does something that opposes what is stated in The Constitution, the first amendment is violated.
-Gitlow vs. New York (1925): Prints out 16,000 manifestos in hopes to overthrow the US government, THIS IS OKAY because it is freedom of speech.
idea vs. action
-you can be very close to crossing the line if you “attack” an individual
-Gideon vs. Wainwright: Gideon was not given a fair trial because he could not afford a lawyer and the court denied him one. (THIS IS
UNCONSTITUTIONAL)
Due Process Clause
-(14th and 5th Amendment) Refers to court procedures and extends to individual rights. Everyone has the right to a fair trial.
-Illegal immigrants and suspected terrorists do not receive due process. Is this right?
First Amendment Guarantees: Freedom of Religion
-Lawmakers are worried that we are becoming a godless nation-even though 70% of Americans are current members of a church or synagogue
-Article of Constitution states that there is no test or requirement for candidates to state their religion or beliefs before or during their term in office
-Early colonists left their home countries in order to escape religious persecution, however when they arrived in the New World they often faced the same persecution.
The Establishment Clause
The Free Exercise Clause
First Amendment Guarantees: Freedom of Speech, Press, and Assembly
-your acts cannot be violent
The Alien and Sedition Acts
Slavery, The Civil War, and Rights Curtailment
World War I and Anti-Government Speech
Protected Speech and Publications
Prior Restraint
Symbolic Speech
Hate Speech, Unpopular Speech, and Speech Zones
Unprotected Speech and Publications
Libel and Slander
Fighting Words
Obscenity and Pornography
-Champlinsky vs. New Hampshire (1942) - The supreme court tried to distinguish between
protected and uprotected speech. -> trying to decide speech what should be protected/unprotected
-Obscenity, lwedness, libel, and fighting words are not protected by the first amendment.
-Through 1957, based what was obscene on an English common-law test mode in 1896.
-Roth vs United States 1957 - Obscene = must be utterly without redeeming social importance.
-Thoughout 1950's and 60's "pruirient" was hard to define. Judge actions or words?
-When Richard Nixon was elected (1968) he hired judges who would not take the issue lightly
-Miller vs California (1973) - Made it easier to regulate what is obscene. Offenseve, blatantly present sexual conduct, lacks seriousness (artistic/scientific value).
-1990's allowed communitities to draft lawas (Different states have different nudity laws.)
Congress and Obscenity
-Law makers have been able to restrict a far amount of the sale and distribution of obscene materials, but congress still has concerns, like funding for the arts and the distribution of the obscenity and pornography on th einternet. In 1990 concern ofver the use of federal dollars for the works with controversial religions or sexual themes led to the passage of legislation requiring the NEA to take into consideration the standards of decency and respect for other cultures and beliefs.
-In 1996 congress passed the Telecommunications Reform act, which banned obsscene things to those younger than 18.
Supremem court ended up rulling that congress was violating the freedom of speech rights to limit smut on the internet.
-To get around this congress made the COPA which forced commercial web sites to collect a creditcard number as proof of age before someone can view a site that was considered harmful to minors. In 2000 a federal appeals court ruled that this was unconstitutional.
-Today, solutions are still trying to be created to solve this problem, including now, taking away budget from schools that don't block obscene or pornographic websites.
Freedoms of Assembly and Petition
The Second Amendment: The Right to Keep and Bear Arms
The Rights of Criminal Defendents
The Fourth Amendment and Searches and Seizures
The Fifth Amendment and Self-Incrimination
The Fourth and Fifth Amendments and the Exclusionary Rule
The Sixth Amendment and Jury Trials
The Eighth Amendment and Cruel and Unusual Punishment
The Right to Privacy
Birth Control
Abortion
Homosexuality
The Right to Die