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SWBAT identify the development of
civil liberties through judicial
interpretation.
Amendments
and
their corresponding
cases
4: All of 3 PLUS I can apply these precedents
to hypothetical cases.
3: I can identify SCOTUS decisions that have
expanded our concept of civil liberties over
time.
2: I can identify important SCOTUS cases, but
am not sure I can explain how they relate to
civil liberties.
1: I can define civil liberties.
Table 5.1: How has selective incorporation made the Bill of Rights applicable
to the states?
You be the Judge…
•In the following First Amendment cases,
decide if the Constitution permits or
prohibits a particular action…
Back
To Learning Objectives
Case 1
• Jacksonville, FL passes a city ordinance prohibiting drive-in movies
from showing films containing nudity if the scene was visible to
people passing by on the street.
• A movie theater manager protested, claiming he had a First
Amendment right to show such films, even if they could be seen
from the street.
• Who is correct?
How the court decided…
•The drive-in movie won. The Supreme Court, 6-
3, decided that the First Amendment protects the
right to show nudity; it is up to the unwilling
viewer on the public streets to avert his or her
eyes.
•Erznozik v. Jacksonville (1975)
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Case 2
• Dr. Benjamin Spock wanted to enter Fort Dix Military
Reservation in New Jersey to pass out campaign
literature and discuss issues with service personnel.
• The military denied him access on grounds that
regulations prohibit partisan campaigning on military
bases?
Case 3
• A town passed an ordinance forbidding the placing of
“For Sale” or “Sold” signs in front of homes in racially
changing neighborhoods. The purpose was to reduce
“white flight” and panic selling.
• A realty firm protested, claiming its freedom of speech
was being abridged. Who is correct?
How the court decided…
• The military won. The Supreme Court, 6-2, decided that
military reservations are not like public streets or parks,
and thus civilians can be excluded from them, especially
if it subjects the military to various political causes.
• Greer v. Spock (1976)
How the court decided…
• The realty firm won. The
Supreme Court, 8-0,
decided that the First
Amendment prohibits the
banning of signs, even of
a commercial nature,
without a strong legitimate
state interest.
• Linmark Associates, Inc.
v. Willingboro (1977)
Case 4
• A girl in Georgia was raped and died. A local television station
broadcast the name of the girl having obtained it from court records.
Her father sued, claiming his family’s right to privacy had been
violated, and pointed to a Georgia law that made it a crime to
broadcast the name of a rape victim.
• The television station claimed that it had a right under the First
Amendment to broadcast that name. Who is correct?
How the court decided…
• The television station won. The Court, 8-1, decided that
the First Amendment protects the right to broadcast the
names of rape victims if they are obtained from court
records.
• Cox Broadcasting Corp. v. Cohn (1975)
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Case 5
•Florida passed a law giving a political
candidate the right to equal space in a
newspaper that had published attacks on
him. A newspaper claimed this violated the
freedom of the press to publish what it
wants.
How the court decided…
•The newspaper won. The Supreme Court
decided unanimously that the First Amendment
prohibits the state from intruding into the function
of editors.
•Miami Herald Publishing Co. v. Tornillo (1974)
•Who is correct?
Case 6
• Zacchini is a “human cannonball”
whose entire 15 second act was
filmed and broadcast by an Ohio
television station. Zacchini sued the
station, claiming his earning power
had been reduced by the film
because the station showed for free
what he charges people to see at
county fairs.
How the court decided…
•Zacchini, the human cannonball, won. The
Supreme Court, 5-4, decided that broadcasting
the entire act without the performer’s consent
jeopardized his means of livelihood.
•Zacchini v. Scripps-Howard Broadcasting Co.
(1977)
• The station replied that it had a First
Amendment right to broadcast such
events. Who is correct?
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
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FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
World War I and antigovernmental speech
Clear and present
danger test
Direct incitement
test
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Texas v. Johnson
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
(1989)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
New York Times v. US
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
(1971)
Near v. Minnesota (1931)
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Engel v. Vitale (1962)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Lemon v. Kurzman (1971)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Group activity
Miller v. California (1973)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Obscene IF:
1. That the average person would,
applying contemporary community
standards, find that the work
appealed to the lustful or inmodest
interest
Mapp v. Ohio
(1961)
2. That the work depicts or
describes , in an offensive way,
sexual conduct defined by State
Law
3. That “the work” taken as a
whole, lacks serious literary,
artistic, political or scientific value
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Types of Police Searches
• 1. Plain view Search and
Plain feel search
• 6. Vehicle Searches (No
warrants but probable
cause)
• 2. Consent
• 7. Search Incident to a
• 3. Hot Pursuit
Lawful Arrest
• 4. Exigent Circumstances • 8. Airports and Borders
(i.e. emergencies)
• 5. Terry Stop and Frisk
(Terry vs. Ohio- 1968)
(High Security Areas)
• 9. Good Faith Exception
Clause
• 10. Special Needs
Administrative Searches
(i.e. School metal detectors)
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Gideon v. Wainwright (1963)
Miranda v. Arizona (1966)
Gregg v. Georgia
(1976)
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Griswold v. Connecticut (1965)9th Amendment
Roe. v. Wade (1973)-9th amendment
(right to privacy) & 14th amendment
Dred Scott v. Sanford (1857)
•-the Court upheld property rights over human rights. This narrow
reading of the Constitution was an example of States’ Rights
advocacy.
Plessy v. Ferguson (1896)
•- Separate but equal facilities were allowed and did not violate the
“equal protection clause”
Brown v. Board of Ed (1954)- Equal Protection Clause
•-14th amendment (equal protection clause)
•Overturned Plessy v. Ferguson and the “separate but equal”doctrine
that separate schooling of the races was unconstitutional and
demanded that schools desegregate with “all deliberate speed”
Regents of University of California v.
Bakke (1970)- Equal Protection Clause
Baker v. Carr (1962) and
Westberry v. Sanders (1964)
Baker:
• Malapportionment violated the
14th amendment
• All districts must be contiguous
and touching, precursor to
Westberry
Westberry:
• -One person one vote, all
districts must be equal in
POPULATION not AREA or
SIZE
• Gerrymandering
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Bill of Rights (Amendments 1-10)
1.Freedom of Expression
2.Right to Keep and Bear Arms
3.Lodging Troops in Private Homes
4.Search, Seizure, Proper Warrants
5.Due Process
6.Criminal Trials
7.Civil Trials
8.Bail; Cruel, Unusual Punishment
Amendments 11-27
11. Suits Against the States
12. Election of the Pres./VP
13. Abolished slavery
14. Rights of Citizens
15. Right to Vote: Race
16. Income Tax
17. Popular Election of
Senators
18. Prohibition of Alcohol
19. Women’s Suffrage
20. Commencement of Terms
21. Repeal of Prohibition
22. Presidential Tenure
23. Electors for D.C.
24. Banned the Poll Tax
25. Presidential Succession;
VP Vacancy; Disability
26. Right to Vote: Age
27. Congressional Pay
9.Unenumerated Rights
10.Powers Reserved to the States
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