POLS 206 Lecture 7Outline of Previous Lecture-3.2: Constitutional Basis of Federalism-3.3: Intergovernmental Relations-3.4: Diversity in Policy-3.5: Understanding FederalismOutline of Current Lecture-4.1: America’s Population-4.2: Freedom of Religion-4.3: Freedom of Speech-4.4: Freedom of AssemblyLecture-4.1: America’s Population-Bill of Rights - Then and Now oPopular Support-Rights supported more in theory than practice Want our own freedom but want to restrict other peoples when it infringes on oursoCivil liberties are not absolute-LimitationsNot absolute freedom of speech (ex. Cannot yell fire in a crowded theatre) -Balanced against other values oThen - 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 ofBaltimore-Incorporation Doctrine14th Amendment - could be most important amendment in the constitution oNow - 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 oFirst Amendment-Applied to the federal government only-States had own bill of rights -Barron v. Baltimore (1833)oFourteenth 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 clauseoCannot make a national religionoEngel v. oLemon v.-Lemon Test (government funding for religious schools) Funding has to be for a non-religious purpose, cannot advancethe nor inhibit religion, and avoid any excessive government entanglement -Free exercise clause oNot absolute, if conflicts with other laws then it can be stripped from you -4.3: Freedom of Expression-Prior restraintoSuffer the consequences -Free speech and public order oCannot incite imminent lawless action-Obscenity -Libel and slander oRuining character -Symbolic speech oAction that shows an opinion -Free press and fair trials -4.4: Freedom of Assembly-Right to Assemble-Right to
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