14 th Amendment (1868) xrhombus First Supreme Court case that used the doctrine of selective incorporation . xrhombus Benjamin Gitlow (socialist) handed out leaflets (left-wing manifesto) urging the overthrow of the federal govt. xrhombus Convicted under a New York state law that prohibited such actions xrhombus US Supreme Court ruled that by due process of the 14 th Amendments, states can’t forbid free speech unless it passes a test of “ dangerous tendency” or “clear and present danger.” Gitlow vs New York (1925)
4 Barron v. Baltimore (1833) xrhombus John Barron was co-owner of a profitable wharf in the harbor of Baltimore. As the city developed and expanded, large amounts of sand accumulated in the harbor, depriving Barron of the deep waters which had been the key to his successful business. He sued the city to recover a portion of his financial losses. xrhombus Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner? Example of Eminent Domain . xrhombus No 14 th Amendment yet …was not passed until 1868 xrhombus The Supreme Court answered by saying “The Bill of Rights limited only the national government and not the state governments.” Bill of Rights Incorporated To Date
5 xrhombus Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof. xrhombus Separation of church and state xrhombus Engel v. Vitale (1962) – No voluntary or nondenominational prayer in schools. xrhombus Lemon v. Kurtzman (1971) - no direct aid for church-related schools o Supreme Court established the 3 part Lemon test 1. Must have secular purpose 2. Must not advance or prohibit a religion 3. Must not entangle government with religion xrhombus Wallace v. Jaffree (1985) - No endorsing or disapproving religion. xrhombus What about student led prayers? xrhombus Moments of silence seem to be the norm. 1 st Amendment - Freedom of Religion “Establishment Clause” xrhombus Congress shall make no laws prohibiting the free exercise of religion xrhombus Free exercise clause not absolute as some religious rites considered illegal… Oregon v. Smith (1990 ) case – Peyote Use xrhombus State must provide compelling reason to limit exercise of religion xrhombus Means that no type of religious belief can be prohibited and restricted by the government except when “practices” go against public policy such as vaccinations, school textbooks and illegal drugs. 1 st Amendment - Freedom of Religion “Free Exercise Clause”
6 xrhombus Prior restraint – govt can’t prohibit speech or publications xrhombus Alien and Sedition Acts (1798) - Censored criticisms of the government but later repealed xrhombus Before, during, and after the Civil War, freedom of speech was again restricted. Very similar during WWI.
- Fall '15
- Government, Fourteenth Amendment to the United States Constitution, US Supreme Court