PSCI 1040 1nd Edition Lecture 9 Outline of Last Lecture Outline of Current Lecture I Civil Liberties II Constitutional Sources III Religion and the First Amendment A Establishment B Lemon Test C Free Exercise D Minority Religions and Free Exercise IV Speech and First Amendment A Political Speech B Symbolic Speech C Obscenity V Warren Court VI The 4th Amendment VII The 5th Amendment VIII The 6th Amendment IX The 8th Amendment X Privacy Current Lecture I II III Civil Liberties individual freedoms that government is obliged to protect normally by not interfering with their exercise social contract Constitutional Sources Bill of Rights 1791 14th Amendment Incorporation make a part of Bill of Rights applicable or binding to the states No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of united states nor shall any state deprive any person of life liberty or property without due process Religion and the 1st Amendment Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof A Establishment Accommodationism These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Religion is good Benevolent neutrality Non preferentialism Seperationism Religion is factious absolutist Complete separation and disengagement B Lemon Test Lemon v Kurtzman 1971 educational aid Did the Rhode Island and Pennsylvania statutes violate the 1st amendment s establishment clause Secular purpose Neither inhibit nor advance Excessive entanglements C Free Exercise Sherbert Test Sherbert v Verner 1963 Does the gov have a compelling interest in the law Can the goal be achieved without hindering religious observance D Minority Religions and Free Exercise Church of Lukumi Babalu Aye Hialeah 1993 no law protecting religious discrimination in private corporations Cuban emigres and Santeria shrine to saints with a ritual animal sacrifice City banned animal sacrifice not including kosher so only targeted Santeria practices Violated free exercise clause and law was struck down Oregon Vs Smith 1990 Smith s Native Am tribe had a ritual to eat peyote and was told he couldn t work as a bus driver due to drug use General Applicability court said he is not entitled to a job as a bus driver because he was not being discriminated against he was fired because you cannot be on mind altering drugs while working for the state st IV Speech and the 1 Amendment Gov Restrictions different kinds of speech may be restricted A Political Speech Espionage Act of 1917 designed to repress Bolshevicks communists Their type of talk undermined the government and way of American life the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic the question is ARE THE WORDS USED TO CREATE A CLEAR AND PRESENT DANGER Bradenburg v Ohio 1960 Moved towards the sphere of action put guns in people s hands and told them to start fights revolution Freedoms of speech and press do not permit a state to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting imminent lawless action B Symbolic Speech Protected by gov flag burning cross burning etc but you cannot damage private property doing so Westboro Baptist Church Protesting at military funerals Have to protect their rights to protest because Gov must protect EVERYONE s rights The press No prior restraint Libel and Slander defamation to a reputation Must be proven true in order to not be charged with a libel slander fine What about students Tinker v Des Moines Independent Community School District 1969 o Right of students to wear black arm bands to oppose Vietnam War Morse v Frederick 2007 promotion of illegal drugs if school has interest for maintaining order can limit free speech of students further C Obscenity Low level of protection but how do you know if it is obscene Miller v California 1973 offensive by community standards lacks artistic value has no plot specific sexual conduct defined by law V The Warren Court 1953 1969 Chief Justice Earl Warren VERY LIBERAL Expansion of civil liberties and civil rights Activism th VI 4 Amendment Warrants based on probable cause Voluntary consent Arrests Ongoing crime the right of people to be secure in their persons houses papers etc against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause Entitled When Katz v USA 1967 privacy was intruded upon because he shut the door to public telephone and cops listened to his conversation VII VIII IX X Public telephone with no physical intrusion because the amendment protects people not places Reasonable expectation of privacy 5th Amendment Evidence against oneself Miranda v Arizona 1966 Miranda Warning Custodial interrogation as soon as you feel cornered or unable to leave they must read you your Miranda Rights or else they may not use any evidence against you th 6 Amendment Right to an attorney in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense Gideon v Wainwright 1963 Exclusionary Rules if government acted in violation of law to obtain evidence they may not use it in court against defendant 8th Amendment Cruel and Unusual Punishment Classes of defendants who may not receive death penalty are people with intellectual disabilities 2002 and minors 2005 Furman v Georgia argued that court had no guidance as to when to use death penalty Came up with mass murdering child murder litigating evidence 507 death row sentencing came from Texas Death Row Concern seek to exonerate wrongfully convicted people with DNA evidence Privacy Right to be left alone Inherent and implied Searches and siezures Expression and conscience 9th Amendemt bill of rights isn t exhaustible Griswold v Connecticut right to contraception Roe V Wade Lawrence vs Texas right to commit any sexual act with consenting adults