Notes Aug 27 2013 Midterm Essay lecture 3 potential essay questions posted a few days ahead of time 2 will be choices on exam you will answer 1 and write the essay in 50 minutes you have a lot of time to prepare so write a good essay tips posted on ELC o Buy 3 large blue green books to give to TAs for midterm essays Multiple Choice Short Answer breakout 50 minutes Article VII Ratification Some states said they would only ratify the constitution if the Bill of Rights were added as amendments to the constitution 9 states had to agree in order to ratify the constitution Bill of Rights specify the individual rights civil liberties of the United States citizens Civil rights about equality guarantee that all citizens can be equal in society we are all equal Civil liberties protection against government abuse certain things government can t do to us 1st amendment NEED TO KNOW Freedom of Religion Speech Assembly and Petition Congress shall make no law respecting an establishment of religion they can t make a national religion o Religion Politics unstoppable force keep them separate o Free exercise clause no establishment clause o 1962 Engel vs Vitale fight over prayer in school public school required a prayer before school government owned school so it s just a bit like they are trying to establish a religion in school so it was not following the 1 st amendment tried to set up moment of silence law in Alabama for prayer and meditation struck down because it said what it was for Georgia wrote law for moment of silence for quiet reflection no mention of prayer Or prohibiting the free exercise thereof can t stop our beliefs or nonbeliefs o 1940 Cantrel vs Connecticut Supreme Court said that 1 st amendment has freedom to believe absolute and to practice can t be absolute conduct that endangers other people needs to be regulated Or abridging the freedom of speech o 1919 Shank vs the US during WWI Shank was distributing leaflets telling people to oppose the military draft if the speech creates a danger then it s not protected speech o Texas vs Johnson 1989 Republican National Convention held in Houston TX Johnson protester burned an American flag which was illegal Texas courts ruled in favor of Texas brought it to federal court burning flag is a form of symbolic speech so yes he had the right o Liable publishing something that is false and harmful to an individual celebrities are exposing themselves so they can be lied about but not to intentionally hurt them o Ex Hustler magazine vs Jerry Fallwell Reverend Jerry was a well known public figure cartoon was offensive towards Reverend however distasteful it is protected speech Or of the press o Pentagon Papers case during Vietnam war guy discovered documents that showed that during the past 20 years of war that the US had consistently lied to the American people photocopied many of these papers smuggled them and gave them to the NY Times Nixon s people said to the Times don t publish that its censored it s a national secret prior restraint Supreme Court said that they couldn t use prior restraint because it was old and didn t threaten US in anyway o Things that are obscene need to be regulated if published it s a crime obscenity can t be defined but you know it when you see it o Miller vs California 1973 by state law if work is offensive sexual and lacks scientific literary artistic value then it is obscene or the right of the people peaceably to assemble and to petition the Government for a redress of grievances get together petition protest demonstration march as long as its peaceful o 2011 members of west borough Baptist church demonstrate at funerals of military personnel who died in Afghanistan or Iraq were saying that the reason the US is in such trouble because we have sinned families didn t want people protesting at their family member s funeral US Supreme Court said its protected under the right of assembly