Civil Liberties Chapter 15

Protections Under the Bill of Rights Tinker v. Des Moines (1969)Tinker v. Des Moines Morse v. Frederick (2007)Morse v. Frederick

Protections Under the Bill of Rights

Rights in the Original Constitution Hamdan v. Rumsfeld (2006)Hamdan v. Rumsfeld

The Bill of Rights and the States Gitlow v. New York (1925)Gitlow v. New York

Selective Incorporation

Freedom of Religion Establishment Clause –“Congress shall make no law respecting an establishment of religion….” Free Exercise Clause –“…or prohibiting the free exercise thereof.”

First Amendment Rights: Religion Everson v. Board of Education of Ewing Township (1947)Everson v. Board of Education of Ewing Township Lemon v. Kurtzman (1971)Lemon v. Kurtzman Zelman v. Simmons-Harris (2002)Zelman v. Simmons-Harris Lynch v. Donnely (1984)Lynch v. Donnely Wallace v. Jaffree (1985)Wallace v. Jaffree

First Amendment Rights: Religion Santa Fe Independent School District v. Doe (2000)Santa Fe Independent School District v. Doe Epperson v. Arkansas (1968)Epperson v. Arkansas Rosenberger v. University of Virginia (1995)Rosenberger v. University of Virginia Salazar v. Buono (1990)Salazar v. Buono Employment Division v. Smith (1990)Employment Division v. Smith

Protected Speech Prior restraint –Presumed unconstitutional Laws must be content (or viewpoint) neutral

Nonprotected Speech Libel Written defamation of another person; especially in the case of public officials and public figures, the constitutional tests designed to restrict libelous actions are very rigid Seditious libel Defaming, criticizing, and advocating the overthrow of the government

Nonprotected Speech Fighting Words –Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence Commercial Speech –Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads

Freedom of Assembly Reasonable restrictions on assemblies: Time Place Manner When can restrictions be put on First Amendment rights?

First Amendment Freedoms: Speech, Press, & Assembly Schenck v. United States (1919)Schenck v. United States NY Times v. United States (1971)NY Times v. United States Texas v. Johnson (1989)Texas v. Johnson NY Times v. Sullivan (1964)NY Times v. Sullivan Miller v. California (1973)Miller v. California Cohen v. California (1971)Cohen v. California

First Amendment Freedoms: Speech, Press, & Assembly R.A.V. v. St. Paul (1992)R.A.V. v. St. Paul Virginia v. Black (2003)Virginia v. Black 44 Liquormart, Inc. v. Rhode Island (1996)44 Liquormart, Inc. v. Rhode Island FCC v. Pacifica (1978)FCC v. Pacifica Reno v. American Civil Liberties Union (1997)Reno v. American Civil Liberties Union Schenck v. Pro-Choice Network (1997)Schenck v. Pro-Choice Network

Protected Speech?

Property Rights Kelo v. City of New London (2005)Kelo v. City of New London

Privacy Griswold v. Connecticut (1965)Griswold v. Connecticut Roe v. Wade (1973)Roe v. Wade Planned Parenthood v. Casey (1992)Planned Parenthood v. Casey Stenberg v. Carhart (2000)Stenberg v. Carhart

Privacy Bowers v. Hardwick (1986)Bowers v. Hardwick Romer v. Evans (1996)Romer v. Evans Lawrence v. Texas (2003)Lawrence v. Texas –Repealed?Repealed? Washington v. Glucksberg (1997)Washington v. Glucksberg

Rights of Criminal Suspects Mapp v. Ohio (1961)Mapp v. Ohio Gideon v. Wainwright (1963)Gideon v. Wainwright Miranda v. Arizona (1966)Miranda v. Arizona Kennedy v. Louisiana (2008)Kennedy v. Louisiana