Amendments- Bill of Rights

1. Amendments- Bill of Rights

2. 1st Amendment • Speech- • Government Regulation- • Civil Liberties are not unfettered- • Assembly • Association • Press • Religion

3. SO HOW DO WE KNOW EXACTLY WHAT THESE RIGHTS MEAN? • THE SUPREME COURT (and other courts) INTERPRET THE CONSTITUTION • HOW DO THEY APPLY THE CONSTITUTION TO CASES?

4. OH NO! TESTS?

5. Free Speech

6. “CLEAR AND PRESENT DANGER” • Modified by later courts to “imminent danger” or “incitement to imminent harm” • Can’t “cry fire in a crowded theater” – Justice Oliver Wendell Holmes

7. Right to Associate

8. Symbolic Speech

9. WHAT ARE OTHER TYPES OF SPEECH THAT CAN BE REGULATED? • COMMERCIAL SPEECH • DEFAMATORY SPEECH Slander Libel

10. Right to Assembly • What Regulations are permissible?

11. Freedom of the Press

12. Freedom of Religion ???

13. “LEMON TEST” • From Lemon v. Kurzman • Laws involving religion: gov’s action must have: Secular purpose Must NOT have: Primary purpose of either advancing or inhibiting religion Result of “excessive government entanglement” with religion.

14. Obscenity?

15. Students’ Rights

16. 4th Amendment

19. 5th Amendment

21. What is to “Not be tried 2x for the same crime” • The question is “Double Jeopardy” • Dual Jurisdiction?? Civil v. Criminal???

23. 6th Amendment

24. 8th Amendment

25. COERCED CONFESSIONS

26. Right to Privacy

27. 14th Amendment Tests for Discrimination • Rational basis • Strict Scrutiny • Substantial Relationship

28. TYPES OF DISCRIMINATION • De Jure discrimination – by law • De Facto discrimination- by common practice or individual actions which have the same result