American Government Slides Chap. 4

1. American Government Slides Chap. 4 LCC Mark Davison

2. Bill of Rights • First Amendment-Freedom of speech, press, religion & assembly • Speech-not an absolute right-Historically just a limit on National Government before Gitlow v. NY, 1925-Sedition Act of 1798 was a violation, but in a case involving the Espionage Act of 1917, the Court established the “Clear & Present Danger Test.”

3. Bill of Rights, cont’d • “Preferred Position”-National Security is involved-(For free press, this is “Prior Restraint”) • Communist Control Act of 1954-outlawed the Communist Party. Thrown out in 1957, Yates v. US • Symbolic Speech-Flag burning-Johnson v. Texas, 1989 • Inciting a riot or obscenity not allowed

4. Bill of Rights, cont’d • Free Press-Nearly an absolute right-Even movies were brought under the 1st Amendment in the early 1950’s • Limitations-Libel(press) & Slander (speech) Four Tests-1. Known lie 2. Malice 3. Defames character 4.Without justification • Obscenity-difficult issue to define-prior to 1973 case, Miller v. CA, there was a definition-Now-local option

5. Bill of Rights, cont’d • Obscenity Cases-Stanley v. GA, 1974-What one watched in the privacy of their home was legal. Osborne v. OH, 1990-child porn became contraband. Barnes v. Glen Theater 1992, ban on nude dancing in IN upheld • Religion-free to believe but not always free to practice if the practice is harmful or involves state involvement. Two Doctrines- 1. “No Preference” 2.”Wall of Separation”

6. Bill of Rights, cont’d • School Prayer & 10 Commandments- The 1962 case, Engle v. Vitale dealt with school prayer, and several court cases in the 1980’s dealt with the 10 Commandments. The Court supports the “Wall of Separation.” • Child Protection-The state gets involved when religious practices involve danger, health or indoctrination of children. • Freedom of Assembly-must be peaceful

7. Bill of Rights, cont’d • Rights of the Accused-1. Protected from unreasonable search and seizure (4th) 2. Due process (procedural & substantive) 3. Self incrimination 4. Double jeopardy 5. Fair, speedy, & public trial by a jury of peers. 6. No cruel and unusual punishment 7. Can have favorable and question unfavorable witnesses 8. No excessive bail 9. Habeas corpus

8. Bill of Rights, cont’d • Miranda v. AZ, 1966-Warnings- 1. Right to remain silent 2. Right to counsel 3. Right to have one provided if you cannot afford an attorney 4. Told that anything you say can and will be used against you 5. You can stop talking any time • Right to Privacy-1. Griswold v. CT, 1965-9th & 14th-law against birth control thrown out 2. Roe v. Wade, 1973-Abortion rules

9. Bill of Rights, cont’d • Right to Privacy, Cont’d 3. Webster v. Reproductive Services, 1989, MO case-abortions can be prohibited in public hospitals. 4. Planned Parenthood v. Casey- PA case upheld a law that required 1.24 hour waiting period 2. Parental or judge permission for under 18 3. Counseling on alternatives for abortion

10. Bill of Rights, cont’d • Property Rights- “Just Compensation” for eminent domain • Economic Rights-Entitlement programs- Social Security, Medicare, Food Stamps, Welfare, Public Housing, School Lunches • Other-2nd & 3rd-arms and quartering • Conclusion-Good thing the Founding Fathers passed the Bill of Rights. We support them generally, but not specifically