POLS 206 Lecture 7 Outline of Previous Lecture 3 2 Constitutional Basis of Federalism 3 3 Intergovernmental Relations 3 4 Diversity in Policy 3 5 Understanding Federalism Outline of Current Lecture 4 1 America s Population 4 2 Freedom of Religion 4 3 Freedom of Speech 4 4 Freedom of Assembly Lecture 4 1 America s Population Bill of Rights Then and Now o Popular Support Rights supported more in theory than practice Want our own freedom but want to restrict other peoples when it infringes on ours o Civil liberties are not absolute Limitations Not absolute freedom of speech ex Cannot yell fire in a crowded theatre Balanced against other values o Then Bill of Rights did not apply to the states and did not do much Barron v Baltimore Had damages to property without just compensation Outcome Bill of Rights did not apply to the states Barren could seek no relief because the Bill of Rights did not apply to the City of Baltimore Incorporation Doctrine 14th Amendment could be most important amendment in the constitution o Now incorporated the process by which the federal government applies the Bill of Rights to the states No state can take away any of those rights but they can be restricted ex Right to bear arms Bill of Rights and the States o First Amendment Applied to the federal government only States had own bill of rights Barron v Baltimore 1833 o Fourteenth Amendment Gitlow v New York 1925 First instance of the Supreme Court using the 14th amendment to apply the bill of rights to the states Outcome New York could not limit freedom of speech Due process clause Incorporation doctrine Selective incorporation applying only pieces of the bill of rights at a time Not all rights incorporated 4 2 Freedom of Religion Establishment clause o Cannot make a national religion o Engel v o Lemon v Lemon Test government funding for religious schools Funding has to be for a non religious purpose cannot advance the nor inhibit religion and avoid any excessive government entanglement Free exercise clause o Not absolute if conflicts with other laws then it can be stripped from you 4 3 Freedom of Expression Prior restraint o Suffer the consequences Free speech and public order o Cannot incite imminent lawless action Obscenity Libel and slander o Ruining character Symbolic speech o Action that shows an opinion Free press and fair trials 4 4 Freedom of Assembly Right to Assemble Right to Associate
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