1st Amendment Speech Deep Dive and court cases- AP GOPO United 3

Civil Liberties

protection from abuse of power by federal government(Bill of Rights)

Civil Rights

protection against prejustice Ex: Race, Gender, Minority (MLK)

What does Bill of Rights only apply to?

The federal government, Barron v. Baltimore, 1888, reaffirms it.

Gitlow v. New York

1925, uses the 14th to apply Bill of Rights to the states

14th Amendment

Equal protection under the law, citizenship, due process(states)

Selective incorporation

making the bill of rights apply to the states, done case by case. Currently not incorporated: 3rd-No quartering of Troops 5th-Indictment by grand jury 7th- Jury trial in civil cases 8th-excessive fines or bails

The six unprotected parts of speech

1.Defamation (Two types: Slander(spoken), Libel(written), 2.Obscenity(lemon test, Ex:nudity, porn) 3.Incitment of violence(Lawlessness, group) 4.Fighting words(provoke immediate response) 5. True Threats 6. Child porn

What did Scotus ruled about reporters testifying in federal court?

Scotus ruled reporters aren’t exempt from testifying and can in court be asked to name their sources

Shield laws

protects reporters in state cases

Miller v. CA

creates the obscenity test (Rules:1. Would average person find the work offensive or sexual(community standards) 2. Does the work lack other value? 3. Does the work depict sexual behavior in an offensive matter)

3 Restrictions of Free Excercise

1. No human sacrifice 2. No polygamy 3. No denying medical treatment to a child based on religious beliefs

Lemon v. Kurtzman

creates religious test

establishment clause

they cannot have one national religion or one religion can have more influence

Free Exercise clause

participate in your religion however you choose

Freedom of Assembly

right to peacefully assemble, must no unnecessarily disrupt day-to-day life

Freedom of Association

Implied by the court combining the rights of freedom of speech and freedom of assembly, government may not restrict the number of types of groups or organizations people belong to as long as those groups aren’t a threat to national security

Rights of the Accused

Rights granted to the accused are fundamental protection against governmental abuse of power, many are found in the fifth amendment, warren court in the 1960s greatly expanded those protections, supreme court justice under chief justice earl warren

Mapp v. Ohio

landmark case, extended the exclusionary rule to the states

Escobedo v, Illinois

Warren court decision: any defendant who asked for a lawyer had to have one granted or any confession after that point would be inadmissible in court

Miranda v. Arizona

most dramatic and well-known Warren court decision, landmark case; all defendants must be informed of all their legal rights before they are arrested; establishes the Miranda rights we all know