1. Chapter 4 Civil Liberties

2. Bill of Rights (originally for Fed only) ◦ 1 st Amendment “Congress shall make no law” ◦ Barron v. Balt. Incorporation Doctrine changes this ◦ 14 th Amendment ◦ Due Process Clause ◦ Gitlow v. New York

3. Freedom of Religion Establishment Clause ◦ Lemon v. Kurtzman  Lemon Test  Secular purpose  Cant advance or inhibit religion  Cant foster excessive entaglement Free Exercise Clause

4. Freedom of Expression Prior Restraint Free Speech and Public Order ◦ Schenk v. U.S. Obscenity ◦ Test  Obscene if…  Appeals to a prurient interest  Offensive to a specifically defined obscenity law  Lacked serious literary, artistic, political or scientific value Libel and Slander Symbolic Speech Commercial Speech

5. Freedom of Assembly Assemble Associate

6. Defendants Rights 4 th (unreasonable search and seizure) 5 th (no self incrimination and no double jeopardy) 6 th (right to counsel and speedy trial) 8 th (no excessive bail or cruel and unusual punishment)

7. Right to Privacy? Griswold v. Conn.  (1 st, 3rd, 4th, 5th, 9th) Abortion ◦ Roe v. Wade ◦ Planned Parenthood v. Casey