Amendments- Bill of Rights

1st Amendment

Speech- Government Regulation-

Civil Liberties are not unfettered-

AssemblyAssociationPressReligion

SO HOW DO WE KNOW EXACTLY WHAT THESE RIGHTS MEAN?

THE SUPREME COURT (and other courts) INTERPRET THE CONSTITUTION

HOW DO THEY APPLY THE CONSTITUTION TO CASES?

OH NO! TESTS?

Free Speech

“CLEAR AND PRESENT DANGER”

Modified by later courts to “imminent danger” or “incitement to imminent harm”

Can’t “cry fire in a crowded theater” – Justice Oliver Wendell Holmes

Right to Associate

Symbolic Speech

WHAT ARE OTHER TYPES OF SPEECH THAT CAN BE REGULATED?

COMMERCIAL SPEECHDEFAMATORY SPEECH Slander Libel

Right to Assembly

What Regulations are permissible?

Freedom of the Press

Freedom of Religion

???

“LEMON TEST”

From Lemon v. KurzmanLaws involving religion: gov’s action must

have: Secular purposeMust NOT have: Primary purpose of either

advancing or inhibiting religion Result of “excessive government

entanglement” with religion.

Obscenity?

Students’ Rights

4th Amendment

5th Amendment

What is to “Not be tried 2x for the same crime”

The question is “Double Jeopardy”• Dual Jurisdiction??

Civil v.

Crim

inal???

6th Amendment

8th Amendment

COERCED CONFESSIONS

Right to Privacy

14th Amendment Tests for Discrimination

Rational basisStrict ScrutinySubstantial

Relationship

TYPES OF DISCRIMINATION

De Jure discrimination – by lawDe Facto discrimination- by common practice

or individual actions which have the same result