Court Cases
Privacy and
Press
1st Amendment
Rights of the
Accused
Misc Concepts
Federal Courts
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Name three provisions in the US
Constitution that are sources for
the implied right to privacy?
• 1st – privacy of religion and speech
• 3rd – no quartering of soldiers
• 4th – no unreasonable search and seizure:have
to have a warrant to search in most cases
• 5th – right to not incriminate yourself (silence)
• 9th – reserved rights of people
Name two types of privacy
that the Supreme Court has
protected
through rulings.
• Griswold v CT – marital privacy and birth control
• Roe v Wade – female privacy for reproduction
(abortion)
• Lawrence v Texas– adult sexual privacy – (gay rights
and sodomy law revisions)
• Other related topics –
– privacy of parents to home school kids
– Right to expressive association (Boys Scouts v Dale case)
In order to successfully sue someone
or an organization for libel in the US what 2
things do
you have to prove?
• That the information was false
• There was malicious intent to harm the person
• This standard is difficult to prove.
What is prior restraint as it relates
to the press?
• The idea that the government could stop
(censor) stories before they are printed.
• It is very difficult for the government to do
this.
• The main concept in the US is to allow
publication/broadcast but punish after for
inappropriate/unlawful information.
What does the term penumbra
mean in a legal sense as it relates
to personal rights?
• Penumbra is the concept that deals with
implied rights of the US Constitution. That
certain stated rights in the US Constitution cast
shadows and include other implied rights
such as privacy.
What are the five personal rights
in the first amendment?
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•
•
•
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Speech
Religion
Press
Peacefully assemble
Petition the government
Name three limitations of speech
as established by Supreme Court
rulings.
• Commercial – most regulated type
• School related – anything that disrupts the education
process – such as profanity, ethnic/sexual
intimidation, drug references, demonstrations, etc.
• War time speech – speech that advocates for the
overthrow of the gov’t or disrupts necessary gov’t
activities (burning draft card)
• Obscenity and profanity
• Dangerous speech – imminent danger, or dangerous
tendency, hate speech, fighting words
• Hate speech- only if poses an immediate danger
Describe two case examples of symbolic
speech
that have been protected by the government
Protected Symbolic Speech
• Tinker case – armband protest of Vietnam War
• Texas v Johnson – allowed flag burning
What are the two clauses dealing with
religion in the first amendment?
Religion Clauses
• Establishment – “wall of separation” clause –
government can’t establish or support a religion
• Free exercise – gov’t can’t keep you from practicing
your religion.
• The Articles also contain a provision that there will be
no religious test for government positions- meaning
you don’t have to be of a particular religion to be
elected or appointed to a government position.
The federal courts have mixed rulings
about the concept of church and state. Many
of these cases have centered on schools.
Discuss one religious activity that is allowed
and one that is not allowed.
• Busing to private schools is allowed because it is a
nonreligious activity
• Protected
– Private prayer by teacher or student (that does not interfere with
educational process – such as lunch time)
• Unconstitutional in public schools
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–
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Teacher led prayer
Student led prayer at a public school function
Curriculum funding by government (at religious schools)
Voluntary student prayer
• “Lemon test”- non-secular purpose, doesn’t promote or inhibit
religion, doesn’t create a gov’t entanglement with religion
Name five rights of the accused
Protected in the Bill of Rights.
•
4
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Protections from unreasonable search and seizure
•
•
•
•
•
•
Warrants issued (by judges) with places to be searched
probable cause
5
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Grand jury
Double jeopardy
Right to remain silent
Not to be deprived of life, liberty, or property w/o due process of law (laws must be clear and fair)
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Speedy and public trial
Trial by jury of peers (state or district)
Know accusations and to be able to confront witnesses
Right to a lawyer
Right to witnesses in their favor
–
Jury trials for civil cases (now threshold is $75,000)
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No cruel and unusual punishment
No excessive fines or bail
6
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8
What is the
exclusionary
rule?
• Mapp v Ohio
– Legal principle that holds that evidence gathered in
an illegal manner can’t be used as evidence against
you in a court of law.
What is the good-faith exception?
• US v Leon
– Exemption to exclusionary rule if police thought
they were acting legally (wrong house number on
search warrant for example)
Discuss three situations police can
Conduct warrantless searches.
• Consent is given
• Emergency situation ( burning building)
• Police can search in car within reach of drivers
and passengers)
• Plain view exception
• Stop and frisk for officer safety and
identification
Explain the due process clause in the 5th
and 14th amendment.
• 5th applies to federal. 14th applies to states
• Laws must be clear and understandable so the
government can’t arbitrarily act on them.
• Criminal proceedings must be fair.
Name two protections for the
accused in the body of the US
Constitution (articles)
• Can’t get rid of Habeas Corpus except for
times of rebellion or invasion (brought before
a judge and told of crimes, has to be
evidence/probable cause to proceed)
• Can’t have ex post facto laws
What is an enemy combatant?
• Enemy of a state
– Could be a military person from another state
– Or in US could be terrorist acting independently of
a state
– In rare circumstances a US citizen has been labeled
enemy combatants as well
• Supreme Court has ruled enemy combatants at
Guantanamo Bay must have legal proceedings
What is selective incorporation?
• The concept that the rights in the Bill of Rights
also apply to the state governments. Involves
the 14th amendment.
Incorporation cases examples:
Gideon (lawyer)
Gitlow (speech)
Near v Minnesota (press)
Mapp v Ohio (exclusionary)
What topic does the “Miller Test” involve
and what are its three main parts?
• Topic -Obscenity
• 3 parts
– Considered obscene by local standards
– Breaks an existing law
– Lacks serious artistic, scientific, political value
Provide three cases where the rulings
of the Supreme Court infringed on
he reserved powers of the states.
• Baker v Carr (equal district pop. - elections)
• Furman v Georgia (death penalty – police
powers)
• Mapp v Ohio (exclusionary rule – police
powers)
• Miranda v Arizona (warnings –police powers)
• Bush v Gore (2000 election)
• DC v Heller 2008 (DC gun laws – police
powers)
What is stare decisis?
• Refers to the judicial principle of adhering to
precedent (from a past case) when deciding a
new case.
Name two ways interest
groups affect the judicial
Branch?
• “Sponsor” some cases as they progress
through the legal system.
• Amicus Curiae briefs – advice formally
offered to the court in the form of a written
brief filed by a party interested in a case but
not a party in the case.
• May testify at congressional hearings on
judges either for or against a judicial nominee.
Name three types of cases that would
more likely be heard in state courts and three
that would be heard in federal courts.
• State
– Cases involving criminal activity
– Family and custody cases
– Most civil cases – business/contracts
– Cases involving state or local governments and/or their laws
* Extradition clause requires states to return or assist in returning accused who
may be living in the state. Trials happen where the crime took place even
though the accused may not live in that state.
• Federal
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Bankruptcy
Maritime
Issues involving different states (environmental issues)
Civil suits under federal law (civil rights cases)
Cases involving federal agencies
Civil cases of citizens of different states involving more than $75,000
Name two differences between
constitutional and legislative
Courts.
• Constitutional
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Judges serve for life
Judges’ salaries can’t be reduced
Focus on constitutional issues and rights
Involves 94 district courts, 13 Court of Appeals regions,
and one Supreme Court
• Legislative
– Judges serve fixed terms and salaries can be reduced so
they are not as independent as constitutional judges/courts.
– Conduct specific purposes – tax, trade issues, military
What is the difference between
An activist judge and an “originalist”
Judge (strict constructionist)?
• Originalists – less law making in rulings; base
rulings on original intention of framers of the
US Constitution
• Activist – place personal and modern concepts
in meaning behind the often vague US
Constitution. It is more law making.
Ex of activist cases– Roe v Wade, Brown v
Board of Education, etc.