4.  Civil liberties issues dominate headlines
 Civil liberties issues part of national policy
 Has Bill of Rights really helped to secure
individual freedoms of Americans?
5.
6.  Individual freedoms placing limitations on the
power of government
 Fundamental rights outside the authority and
regulation and government
12.  Allows for an informed citizenry
 Provides against influence of government
 Provides a voice for the minority
 Preserves existence of truth in society
13.  Speech Criticizing the Government
 “Fighting Words” and Offensive Speech
 Symbolic Speech
 Sexually Explicit Speech
 Campaign Finance: Money as Speech?
14.
15.  Sedition
 Speech criticizing the government for the purpose
of inciting rebellion
17.  “Free speech” did not occur after WWI
 Passage of sedition acts aimed at anyone
considered “anti-government.”
 Two Main Goals:
 Limit anti-war ideas
 Limit supporters of radical governmental change
22.  Paul Cohen accused of wearing jacket with
“F*** the Draft” on it.
 Message not targeting anyone in particular
 No evidence Cohen was actively promoting
disturbance
23.
24.
25.
26.
27.  First Amendment does NOT automatically protect
against obscene speech
 Supreme Court and Informal Tests
 Miller Test
 Does work offensively depict or describe sexual acts?
 Whether the work, taken as whole, lacks serious
literary, artistic, political, or scientific” value
(SLAPS Test)
31.  Restrictions on press before message published
 Dangerous form of censorship
 Limits “marketplace of ideas”
32.
33.  Libel is publishing of false and damaging
statements about another person
 Supreme Court says person must show:
 Statements were false or damaging
 Publisher must have acted maliciously
34.
35. “Congress shall make no laws respecting an establishment of religion,
or prohibiting the free exercise thereof”
39. SEPARATIONISTS
 Clear division between
church and state
ACCOMODATIONISTS
 State should NOT be
separate from religion
 Accommodate religion,
without showing preference
for one religion
40. ENGEL V. VITALE (1962)
 Unconstitutional for state
officials to compose official
prayer and encourage it to
be recited in public schools
LEMON V. KURTZMAN (1973)
 Established Lemon Test to judge
if laws relating to religious
activity are constitutional:
 The law must have a secular
(nonreligious) purpose
 The law must neither advance
nor inhibit any religion
 The law must avoid excessive
entanglement between
church and state
41.  Individuals may freely practice religion
without interference from government
42.
43.
44.  Probable Cause
 Exclusionary Rule
 If search found to violate Fourth Amendment
 Evidence resulting from search cannot be used
 Exceptions: “Good Faith,” “Plain View”
45.
46.
47. In all criminal prosecutions, the accused shall…
have the Assistance of Counsel for his defence”