2. CIVIL LIBERTIES KATIE BLEVINS INTEGRATING FALL 2012 KATIE.BLEVINS@SMAIL.ASTATE.EDU

3. BARON V. BALTIMORE Challenges the right to Property John Baron Warf Owner- sued the state because they drained sewage into his Warf. Baron Lost the Case The Bill of Rights does not protect against the states. The 14 th amendment incorporated the states.

4. FREEDOM OF RELIGION Congress should make no law either advancing or inhibiting the Freedom of Religion or the exercise there of. Reynold’s v. U.S.- 1878 Department of Health and Human Services of Oregon, et al v. Alfred L. Smith

5. ESTABLISHMENT CLAUSE The government cannot federally back a church. Aid to parochial schools Lemon v. Kurzmon Lead to the Lemon Test School Prayer Engel v. Vatale Religious displays on public property

6. FREEDOM OF SPEECH Sedition Dennis v. U.S. Brandenburg v. Ohio

7. FREEDOM OF ASSEMBLY Chicago v. Morales

8. FREEDOM OF THE PRESS NO PRIOR RESTRAINT Until the New York Times printed the Pentagon Papers The papers were a threat to national security They were shut down under the cause for national security. Obscenity Roth v. U.S. Hicklin Test Miller v. California Overturned Roth

9. FOURTH AMENDMENT TERRY V. OHIO Established the “Terry Search” MAPP V. OHIO Dorlee Mapp was suspected of harboring a bombing fugitive. The cops kept looking until they found something illegal that had nothing to do with the original search warrant.

10. FIFTH AMENDMENT Miranda v. Arizona Miranda Rights Double Jeopardy- is being tried twice for the same crime Palko v. Connecticut `

11. SIXTH AMENDMENT Gideon v. Wainright Gideon broke in to a pool hall He could not afford an attorney to defend himself Thus leading to legal counsel being provided for the poor

12. EIGHTH AMENDMENT Atkins v. Virginia Atkins killed someone and was sentenced to death Furmen v. Georgia States that executing the mentally retarded is considered cruel and unusual punishment Katz v. U.S. Electronic and survalince case Giswald v. Connecticut deals with family planning

13. CIVIL RIGHTS 13 th Amendment Abolishes Slavery 14 th Amendment Equal Protection Clause 15 th Amendment Gives Newly Freed Slaves the right to Votes 19 th Amendment Gives women the right to vote

14. CIVIL RIGHTS CASES Scott v. Sanford Scott moved his slave above the Mason-Dixion line Sanford sued for his freedom because he was in a free state Slaves are property they cannot win court cases Plessy v. Fergison Established separate but equal

15. YOU ARE PROTECTED AGAINST: Exofacto law Latin for “after the fact” Meaning you cannot go to jail for something you did in the past which was legal at the time that is now illegal Treason has to be committed against country 2 eyewitnesses to prove treason “No Corruption of blood” The family would be sentenced with espionage

16. YOU ARE PROTECTED AGAINST: Political Dissent- Writ of Habeas Corpus “ The Great Writ” It was suspended during World War II A Bill of Attainder Where Congress outlawed a certain group of people U.S. v. Lovett Lovett Governor of the U.S. Virgin Islands was thought to be a communist by the state department.

17. RESOURCES All notes come from the lectures of Tony Horton The lectures were given in November 8 th and 15 th 2012 The notes were recorded by Katie Blevins