Constitutional Law Chapter 6

Freedom of Religion Several Different Cases and Issues Test: Primary Secular Purpose Principle effect neither advances or inhibits religion No excessive entanglement Not Protected

Freedom of Speech Clear and present danger test Balance test Burden on Government Fighting Words Flag Burning Cross Burning Nude Dancing

Freedom of the Press Obscenity Security Reasons Fair Trial Peaceful Assembly Gangs

Rights of Prisoners Mail Censorship Religious Practices

Chapter Seven

History n The militia was considered to be the entire adult male populace of a state. They were not simply allowed to keep arms, but were at times required to do so by law. n If militia members were called to service, they were to bring their own arms and ammunition.

n The private populace’s arms made up the militia’s arms. Most states mandated that all male citizens between certain ages, for instance 18 to 45, be members of the militia

The Debate: Interpreting the Second Amendment n A central controversy over the Second Amendment is whether people have a right to bear arms as individuals rather than only as part of a militia.

n In 1992, at Ruby Ridge in Idaho, the FBI, ATF and U.S. marshals were involved in a standoff with an armed family who refused to obey conventional law and stated, “The tyrant’s blood shall flow.... Whether we live or die we will not obey you... war is upon our land.”

n The ensuing shootout, which ended with the deaths of two family members and one law enforcement official, was a hotly debated action.

n In 1993, a seven-week standoff occurred between the Branch Davidians religious group and the FBI and ATF. The seige initiated when the government attempted to force access to the Branch Davidian compound while investigating allegations that included polygamy, child abuse and illegal weapons.

n The ordeal ended with the deaths of 74 compound members, whose chose to burn to death rather than surrender when the compound caught fire.

n The two opposing interpretations of the Second Amendment involve whether the amendment guarantees individuals’ rights to keep and bear arms or whether it guarantees the states freedom from federal government infringement on this right.

n Individual rights proponents claim that the framers intended to preserve individual rights above state rights. n States’ rights proponents claim that the Second Amendment was adopted with the primary purpose of preserving the state militia.

n Nonincorporated amendments when an amendment has not been made applicable (incorporated) to the states under the Fourteenth Amendment

n This nonincorporation has left the door open for varied interpretations of the Second Amendment and fueled the vigorous controversy surrounding its purpose.

n In United States v. Miller (1939), the Court recognized a state right rather than an individual right to bear arms.

States and the Second Amendment n The states’ power to regulate firearms appears to be nearly absolute. n Concealed/Carry, or Right-to-Carry, Laws

n Restrictions on Types of Firearms

Federal Regulation and the Second Amendment n Congress, using its broad authority to regulate interstate commerce, has enacted some federal gun control legislation.

n Case Law n The Brady Act n The Violent Crime Control and Law Enforcement Act of 1994

n The Law Enforcement Officers Safety Act n The Current Gun Control Controversy

n Joint Government and Community Efforts to Respond to Gun-Related Violence