User:Atcovi/AP Government/3/30/2021


 * Scopes Trial

Public Displays

 * Advancing religious vs. legitimate historical purpose
 * Holiday decorations

Free Exercise Clause

 * Belief vs. Practice
 * Not all practices can be accepted, if they violate others = issues.
 * Amish, ex.
 * Discrimination by employment cannot happen
 * Reynolds vs. USA
 * Wisconsin v. Yoder
 * Employment Division v. Smith
 * Strict Scrutiny
 * Compelling state interest
 * Narrowly tailored

Religious Freedom Restoration Act 1993 - 1993 United States federal law that "ensures that interests in religious freedom are protected.

Prior Restraint

 * Near v. Minnesota - 1931 | The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution.
 * Unconstitutional censorship
 * Does not apply to students
 * Exception for national security, ex. Geraldo Rivera

Free Speech and Public Order

 * Schenck v. US - 1919
 * Wartime trade-offs
 * "Clear and present danger" standard
 * Dangerous or merely inconvenient
 * Anticommunism
 * Smith Act, 1940, persecutions: "It set criminal penalties for advocating the overthrow of the U.S. government by force or violence, and required all non-citizen adult residents to register with the federal government." Later repealed.
 * Imminent lawless action standard
 * Brandenburg v. Ohio - 1969 | "The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"." en.wiki

Fighting word limitation - In order for speech to be outside the bounds of the Constitution it must describe lawless action that is immediately threatened. Also requires that the prosecution show that people were listening and were going to comply

Obscenity

 * Roth v. US [1957]
 * Obscenity not constitutionally protected, porn selling is illegal and Roth was held on that conviction.
 * But what is obscene?


 * Miller v. CA [1973] - person selling porn magazines and was given that hardcore porn was not protected by the 1st Amendment and was obscene material worthy of conviction
 * Appeals to prurient interest
 * Patently offensive --> Lacking serious literary or artistic value
 * Appeals to or of worth avg. people/local standards


 * Regulating adult content

Libel and Slander

 * Defamation
 * Libel = written
 * Slander = spoken
 * Standards for conviction high


 * Public figures
 * New York Times v. Sullivan (1964)
 * Intentionally malicious
 * A public figure is anyone who intentionally puts themselves in the public eye. Examples would be politicians, possible religious figures, celebrities, etc; For public figures the statement must be demonstrably false, the person must have clearly known or had reason to know it was false, and there must be malicious intent to harm. There must be a reasonable belief that people will believe the falsehood


 * Private individuals
 * Defamatory falsehood
 * Negligence

Symbolic Speech

 * Tinker v. Des Moines 1969
 * Examples
 * Wearing an armband
 * Burning US flag
 * Marching in a parade
 * Limitations
 * Burning draft cards, threats

Texas vs. Johnson court case. Court rules the flag-burning person is right and it is a constitutionally protected speech.

Press can cover the trial

 * Zurcher v. Stanford Daily [1978] - "The Stanford Daily, a student newspaper at Stanford University, was searched by police after they suspected the paper to be in possession of photographs of a demonstration that took place at the university's hospital in April 1971" [en.wiki], "The Stanford Daily filed a suit claiming that under the protection of the First and Fourth Amendments of the Constitution, the warrants were unconstitutional and that the searches should have fallen under the context of subpoenas" en.wiki
 * Privacy Protection Act of 1980 - protection against warrants to press/individuals who give off info to the public, except for criminals.

Commercial Speech
Least protected speech. This is because they're selling product and does not really benefit the public in a positive way vs. other types of speech. Pepsi had a commercial which had false advertising for a jet. [Federal Trade Comission]

Federal Communication Commission, FCC, issue licensing and regulations. Not applicable to cable and satellite.

Campaign Spending

 * Election Campaign Act of 1971
 * Buckley v. Valeo (1976)
 * Spending money to influence elections is protected speech
 * McCain-Feingold Act (2002)
 * Banned soft money contributions (Donation to an outside group that supports a candidate or an ideological view is a soft money donation)
 * Banned certain advertising
 * Citizens United v. Federal Election Commission (2010)

Money is speech - ECA of 71. Donations can be regulated but not banned. Hard money is money given directly to a campaign. Donations to outside groups that are not affiliated with a campaign or coordinating with a campaign cannot be regulated.

Right to Assemble

 * The literal right to assemble
 * Time, place and manner restrictions to make sure the protestors are safe.
 * Protests verging on harassment

Klu Klux Klan
Germany vs US Free speech?

NAACP v. Alabama (1958)
Membership lists protected

Military recruiters
Public schools cannot prohibit them

Right to Bear Arms
Raise the hue and cry
 * Controversial
 * Subject to national, state, and local restrictions
 * NRA
 * State militias or individuals?
 * District of Columbia v. Heller (2008)
 * McDonald v. Chicago (2010)

Searches and Seizure

 * Fourth Amendment
 * Probable cause
 * Search warrants
 * Various cases, lots of exceptions
 * Exclusionary rule
 * Mapp v. Ohio (1961)
 * The war on terrorism
 * USA Patriot Act (2001)

Probable cause: The average person given the facts that the officer has, would believe that there is a high likelihood that a crime has occurred or is about to occur.

Imminent destruction of evidence

Exclusionary rule states that evidence that is obtained through unconstitutional means cannot be used at trial (Weeks v. United States 1914).

Self-Incrimination
The cops must read you your rights before they take you into custody
 * Fifth Amendment
 * Burden of proof on prosecution
 * Miranda v. Arizona [1966]
 * Right to remain silent
 * Knowledge that what you say can be used against you
 * Right to an attorney present during questioning
 * Right to have an attorney provided if you can't afford one

Is there a right to privacy?

 * How privacy is implied in Constitution
 * Religion: Right to exercise private beliefs
 * Search and seizure: Right to privacy in your home
 * Right to be left alone
 * Griswold v. Connecticut (1965)
 * Court states right to privacy implied

Controversy over Abortion

 * Roe v. Wade (1973)
 * Prohibits state bans on abortion
 * Balancing test
 * State interest in protecting women's health
 * State interest in protecting prenatal life
 * Planned Parenthood v. Casey (1992)
 * From "strict scrutiny" to "undue bruden"

Nix v. Heddon 1897 - SC makes that tomato is a veg.