1. Constitutional Rights
Rights in the original Constitution
No bills of attainder
No ex post facto laws
Writ of habeas corpus

2. Constitutional Rights and the States
The Bill of Rights placed limits on the powers of the national government (“Congress shall make no law. . .”)
States made to comply with the rights in the Bill of Rights through “selective incorporation” under the Due Process Clause of the 14th Amendment, one right at a time

3. Freedom of Speech Belief, speech and action Historical tests
Clear & Present Danger Test
Absolute Position
Balancing Test
“Preferred Position”

4. Nonprotected Speech LIBEL NY Times v. Sullivan (1964)
“actual malice” for public officials (and later public figures)

5. Nonprotected Speech OBSCENITY Obscenity vs. Pornography
“I know it when I see it”
Miller v. California (1973) and the “community standards” test

6. Nonprotected Speech
FIGHTING WORDS
COMMERCIAL SPEECH

7. Other Constitutional Concerns
Prior Restraints
Vagueness
Freedom of Assembly
Time, place, and manner restrictions
Content & Viewpoint Neutrality

8. First Amendment: Freedom of Religion
“Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof.”
Establishment Clause
Free Exercise Clause

9. Establishment Clause
Everson v. Board of Education (1947): “wall of separation”
Lemon v. Kurtzman (1971)
Law/program must have secular purpose;
Neither advances nor inhibits religion;
And avoids “excessive entanglement”

10. Free Exercise Clause
Reasonable government interest