Gov 4.txt

• Constitutional protections against govt
• Courts, police and legislature decide their meaning
• Most for America are in the Bill of Rights

• First 10 amendments to the Constitution
• Define basic liberties: freedom of religion, speech, press, defendant rights

• Established the 4 great liberties
• Freedom of religion, speech, press, and assembly

The Bill of Rights restrains only the natl govt

Freedom of the press and speech are protected by the due process clause in the 14th Amendment

• Any person in the jurisdiction gets equal protection of the law
• Adopted after the Civil War
• No state shall infringe on the rights of the people or deprive life liberty and property without due process of law

People can't be deprived of life liberty or property without due process of law

• Legal concept used to nationalize the Bill of Rights
• Makes the BOR applicable to states too

• Congress shall make no law respecting an establishment of religion
• Separation of church and state

Govt can't interfere with the practice of religion

• Aid to church related schools must have:
• 1) secular legislative purpose
• 2) effect that neither advances nor inhibits religion
• 3) not cause excessive govt entanglement with religion

Upheld state vouchers for religious school tuition

1962 state officials violate 1st Amendment when they wrote a prayer to be recited by NY schoolchildren

1963 bible readings cannot be required in schools

• A gov't preventing material from being published
• Unconstitutional by Near v. Minnesota
• Censorship

1st Amendment protects newspapers from prior restraint and censorship

1919 gov't can limit speech if there is a clear and present danger

1978 search warrants can be used on a newspaper without violating the 1st Amendment

1975 obscenity is not necessarily protected under freedom of speech

• 1973 define obscenity standards by local communities
• 1) primary purpose is sex
• 2) offensive sexual conduct
• 3) lacks artistic, scientific, literary or political value

Publication of false and malicious statements that damage someone's reputation

• 1964 established guidelines for winning libel suits
• Statements must be made with malice and a reckless disregard for the truth

1989 American flag can be burned as symbolic speech

• Nonverbal communication
• Protected under 1st Amendment

• Advertising
• Restricted more than other speech
• Receiving increasing protections
• Can't make false claims (many exceptions)

1974 state can't force newspapers to print replies from candidates it criticized

1969 restrictions on radio and TV allowed because there are fewer broadcast opportunities than the print media

1958 NAACP did not have to reveal membership list because it would subject their members to harassment

• Police have reason to believe someone should be arrested
• Legally search and seize incriminating evidence

• Obtaining evidence in a haphazard or random manner
• Probable cause and search warrant required to prevent this

Specifies an area to be searched and what is being searched for

Evidence can't be introduced into a trial if it's not constitutionally obtained

1961 4th Amendment extended to states

• Protects the accused
• Double jeopardy, self-incrimination, and punishment without due process

When a person is compelled to be a witness against themselves in court

1966 guidelines for police questioning to protect from self-incrimination and protect the right to counsel

• Protect accused
• Right to counsel, right to confront witnesses, right to a speedy, public trial

1963 anyone accused of a felony has the right to a lawyer

Defendant pleads guilty to lesser of fewer crimes for immunity from other crimes

Forbids cruel and unusual punishment and excessive fines and bail

Mandatory death sentences are unconstitutional but the death penalty is not

1976 death penalty is not inherently cruel and unusual

1987 death penalty does not violate 14th Amendment because minority defendants are more likely to receive the death penalty

Personal life free from gov't intrusion

1973 state ban on abortion unconstitutional

• 1992 upheld 24 hour wait period, parental consent for minors, present risks
• Struck down marital consent