MGMT 211 Lecture 3 Outline of Last Lecture I Continue Chapter 2 a Historical context of the adoption of the Constitution b Constitutional Convention Philadelphia May 1787 c Division of authority from Constitution d Commerce clause e Limitation on the Commerce Clause f Supremacy Clause Outline of Current Lecture I Chapter 2 a Recap b Bill of Rights c Doctrine of Incorporation d Doctrine of Reverse Incorporation e 1st amendment Not Absolute f Speech in the Business World g Freedom of Religion h Search and Seizure Current Lecture I Chapter 2 a Recap i Bill of Rights first 10 amendments ii Adoption of the Constitution 1 Read publicly split to Federalists and Anti Federalists a Federalists wanted Constitution b Anti Federalists it went too far i Not enough individual freedoms given back to people from government ii No states rights 1 These 2 solved by Bill of Rights b Bill of rights i only applied to national government 1 example under Bill of Rights the national government had to give you freedom of speech but the state of Texas didn t ii 1897 Louisiana Case changed that 1 Put 5th and 14th amendment together nat gov has to give you substantive due process 2 States started passing sedition laws a No words challenging government s authority iii Gitlow v New York 1 Pro socialist Gitlow radical newspaper new type of government a Overthrow government and replace with new one iv Arrested for violating New York sedition law v To Supreme Court 1 Gitlow 5th and 14th amendments have to be taken together a 5th applies to national government they have to give you due process b 14th required all states to give due process and equal protection of the law to anyone 2 Does it mean the same thing a Substantive due process it s written has to be capable of giving you due process b Procedural due process step by step procedures that have to be done to give you due process 3 Gitlow argued that N Y sedition laws violation of Constitutional right of free speech 4 N Y respond that applies to national government not us 5 Gitlow If national government has to give due process and state has to give due process it s the same thing a No way national government can give due process without freedom of speech i Same rule applied to N Y ii Sedition law prohibits free speech so it s unconstitutional 1 Supreme Court agreed c Document of Incorporation i If something is in the Bill of Rights it applies to states equally to national government as well 1 Only 2 amendments and part of 1 don t apply to states a Quartering of soldiers 2nd b Grand jury indictment 3rd c No right to jury in civil part of 7th nd ii 2 amendment right to bear arms 1 The states do have to give you the right a Meaning of that is about to change more gun control d Doctrine of reverse incorporation i Equal protection also applies to national government 1 If state has to give you due process and equal protection 5th then the national government must give both 14th e 1st amendment not an absolute right i Freedom of speech can be limited by the government 1 Schneck case can t yell fire in a crowded theater ii Balancing of interests 1 During war time news media can be told not to report on news events a Some would put out wrong information 2 During Civil War Lincoln did a lot of unconstitutional things a Limited free press b Arrested newspaper people critical of administration 3 After Civil War sedition laws passed a Going after communists and socialists b Espionage Act 1917 national law 4 We don t like censorship a 1971 New York Times got a hold of stolen Ginsberg Pentagon papers and wanted to publish i Critical of government handling of Vietnam War ii Papers had dealings with allies b Government tried to stop it but courts said they had no right to they could be published 5 1976 Nebraska Press Associate v Stewart a Heavy presumption against censorship prior restraint but it could be done in certain situations i Gag orders no talking with press to protect defendant s rights 6 Symbolic speech symbols used to express a Still protected speech Stromberg v California 1931 i Gave communist right to show red flag b In schools they can take away your freedom of speech a lot easier c Vietnam students couldn t wear black sweatbands as protest to Vietnam Tinker v Des Moines d Lately courts have been backing off of that i Bong Hits for Jesus Morris v Fredder 1 Students displayed banner with this saying at an assembly legalize marijuana a Roberts court said they had right to do that iii Speech that is NOT protected 1 Hate speech not relaxing on it a To stir people up based on hate i Racial most of the time 2 Defamation false statement that destroys reputation 3 Fighting words a Example encourage students to bring gas and t shirts to set place on fire b Includes profanity illegal to curse in Texas c Threats spoken or symbolic d Obscenity i Roth case 1957 1 No social importance ii 1973 Miller v California iii Now based on local community standard for obscenity 1 What s illegal in Houston may be normal in Bryan iv Internet tense subject 1 You can find anything even illegal 2 If you download kiddie porn you WILL go to jail f Speech in the business sense i Speak through advertising commercial speech 1 Can be severely regulated by governments 2 Almost to the point of censorship a Limited air space i Cigarettes Clinton after print ads ii Still don t see cigarette ads iii Law advertising just recently legal ii Also politically 1 Obama first administration a S C case gives businesses and labor unions the right to political speech i They can give unlimited amounts of money to campaigns 1 Congressional elections most expensive a Presidential 2012 most expensive b Political ads ran against opponent are supposed to be true i I approve this message those are regulated ii Others run by businesses can lie misrepresent facts c Can still be controlled i Still have to be truthful not obscene no fighting words g Freedom of religion i Country was founded on it not always tolerant of others ii Roger Williams advocated separation of church and state as early as 1644 1 Expelled out of Mass founded Rhode Island iii Thomas Jefferson and James Madison 1779 1 Bought Virginia because they didn t want to fund religious establishments with state funds iv Constitution no requirement of religion when running for public office v 1st amendment 1 Establishment Clause national and state doctrine of incorporation governments can t sanction official religion a Interpreted widely over the years b School