1. Unit 1: Constitutional Interpretation and the Bill of Rights

2.  Limited Government Negative Right  First Amendment: establishment of religion and free exercise thereof, speech, press, peaceful assembly, and petition for redress of grievances  “Congress shall make no law…abridging the freedom of speech”  Restrictions on free speech (General Public)  Schenck v. United States (1919) – Clear and Present Danger Test – Strict Scrutiny Standard  Gitlow v. New York (1925) – Bad Tendency Test (threats)  Miller v. California (1973) – Obscenity Test (prurient interests)

3.  Conduct vs. Speech  Cohen v. California (1971)  Virginia v. Black (2003)  Recent Decisions  Texas v. Johnson (1989) – Flag Burning  United States v. Stevens (2010) – Dog Fighting Videos  Brown v. Electronic Merchants (2011) – Video game bans for juveniles  Citizens United v. FEC (2010) – corporate speech in elections

4.  Special Case – Schools  Tinker v. Des Moines (1969) – Disruptive Speech  Bethel v. Fraser (1986) – Crude Speech  Hazelwood v. Kuhlmeier (1988) – Controversial Speech with Minors  Morse v. Frederick (2007) – School Mission

5. Matthew Fraser gave the following speech at a high school assembly in support of a candidate for student government office: "I know a man who is firm -- he's firm in his pants, he's firm in his shirt, his character is firm – but most... of all, his belief in you, the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts -- he drives hard, pushing and pushing until finally -- he succeeds. Jeff is a man who will go to the very end -- even the climax, for each and every one of you. So vote for Jeff for A. S. B. vice-president -- he'll never come between you and the best our high school can be."

6.  Tort (Civil) Protections (libel and slander)  New York Times v. Sullivan – Malice Threshold  Hustler Magazine v. Falwell (1988)– Public figures