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Notes 11-28-11 - 4 Free Exercise Clause 4.i Courts uphold...

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Civil Liberties A. Background B. 1 st Amendment Rights (Free Religion) C. 1 st Amendment Rights ( Free Speech) D. 2 nd Amendment E. Evolution of Defendants’ Rights F. Other Issues A. Background 1. Bill of Rights regcognizes basic human rights 1.i. Not in original Constitution 1.ii. Some feared explicit list would omit some 1.iii. Some demanded inclusion 1.iv. Madison agreed 1 st congress would consider 2. Initially applied to federal, not state, governments 2.i. (anti federalists feared power grab by Federal Government) 3. Selective incorporation 3.i. 14 th amendment mandates due process and equal protection 3.ii. Courts expand coverage to states over next century 4. Rights are not absolute but rather protections as interpreted by the courts B. 1 st Amendment (Freedom of Religion) 1. Government can’t prefer 1 religion over another 2. Courts have created “wall of separation” 3. Prayer in school: historically held illegal
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Unformatted text preview: 4. Free Exercise Clause 4.i. Courts uphold beliefs, not always practices 4.ii. Example: Mormons can’t practice polygamy 5. Courts are easing separations 5.i. School vouchers are allowed 5.ii. Salazar v Buono (2010): cross allowed on federal land C. 1 st Amendment (Free Speech and Assembly) 1. Courts can limit time, manner, place 1.i. Clear and present danger doctrine (1919(-Can’t just shout fire in crowded theater 1.ii. Government must justify restrictions 1.iii. Texas v Johnson (1989)-Johnson burns flag, arrested by TX-Majority (5-4) ruled for Johnson-C passed Flag Protection Act of 1989-Supreme Court ruled law unconstitutional 2. Courts remain protective of pure free Speech 2.i. States V Stevens 2.ii. Dog fight videos; protests at military funerals 2.iii. Not protective of obscenity (but hard to define) 2.iv....
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