Fourteenth Amendment Right to assemble and to petition the The Bill of Rights government Incorporation of Fourteenth Amendment Freedom of Expression Student speech Gitlow v. New York (1925) Incorporation theory: most Bill of Rights of public school students Rights protections apply to state College student activity fees government. Campus speech and behavior Incorporating Bill of Rights into codes Fourteenth Amendment Freedom of the Press Freedom of Religion Defamation in writing Separation of Church and State Libel Establishment Clause Public figures must meet higher Aid to church-related standards to win libel suit schools New York Times Co. v. Sullivan School vouchers School prayer—Engel Freedom of the Press v. A Free Press Versus a Fair Trial Vitale Prayer outside the Gag orders classroom Nebraska Press Association v. Religious speech Stuart Teaching evolution Court permits press to publish Religious displays on factual information public property Freedom of the Press Freedom of Religion Films, Radio, and TV Separation of Church and State Freedom of press longer limited to Free exercise clause just the print media Can hold any religious Federal Communications belief, but a few practices Commission regulates airwaves, restricted grants licenses, imposes Churches regulations on broadcasting can’t endorse candidates for office or The Right to Privacy make campaign No Constitutional right to privacy explicit contributions Interpretation by Supreme Court Allowed to take positions First, Third, Fourth, Fifth, and on ballot proposals Ninth Amendments imply “zones Freedom of religion? of privacy” Freedom of Expression Contraceptive use (Griswold v. Free speech and free press Connecticut 1965) No prior restraint Abortion (Roe v. Wade 1973) Protection of symbolic speech Right to Die (Cruzan v. Director, Protection of commercial speech Missouri Department of Health) Permitted restrictions on RIGHTS OF THE ACCUSED expression Limits on Conduct of Police Officers and Clear and present danger Prosecutors Bad tendency rule No unreasonable or unwarranted Imminent lawless action search and seizures (Amend. IV) test No arrests except on probable Freedom of Expression cause (Amend. IV) Unprotected speech No coerced confessions or illegal Defamation of character & libel interrogation (Amend. V) Obscenity No entrapment Pornography on the Internet On questioning, a suspect must be Slander informed of his or her rights Hate speech on the Internet RIGHTS OF THE ACCUSED
Fourteenth Amendment The Bill of Rights Incorporation of Fourteenth Amendment Gitlow v. New York (1925) Incorporation theory: most Bill of Rights protections apply to state government. Incorporating Bill of Rights into Fourteenth Amendment Freedom of Religion Separation of Church and State Establishment Clause Aid to church-related schools School vouchers School prayer—Engel v. Vitale Prayer outside the classroom Religious speech Teaching evolution Religious displays on public property Freedom of Religion Separation of Church and State Free exercise clause Can hold any religious belief, but a few practices restricted Churches can’t endorse candidates for office or make campaign contributions Allowed to take positions on ballot proposals Freedom of religion? Freedom of Expression Free speech and free press No prior restraint Protection of symbolic speech Protection of commercial speech Permitted restrictions on expression Clear and present danger Bad tendency rule Imminent lawless action test Freedom of Expression Unprotected speech Defamation of character & libel Obscenity Pornography on the Internet Slander Hate speech on the Internet Right to assemble and to petition the government Freedom of Expression Student speech Rights of public school students College student activity fees Campus speech and behavior codes Freedom of the Press Defamation in writing Libel Public figures must meet higher standards to win libel suit New York Times Co. v. Sullivan Freedom of the Press A Free Press Versus a Fair Trial Gag orders Nebraska Press Association v. Stuart Court permits press to publish factual information Freedom of the Press Films, Radio, and TV Freedom of press longer limited to just the print media Federal Communications Commission regulates airwaves, grants licenses, imposes regulations on broadcasting The Right to Privacy No explicit Constitutional right to privacy Interpretation by Supreme Court First, Third, Fourth, Fifth, and Ninth Amendments imply “zones of privacy” Contraceptive use (Griswold v. Connecticut 1965) Abortion (Roe v. Wade 1973) Right to Die (Cruzan v. Director, Missouri Department of Health) RIGHTS OF THE ACCUSED Limits on Conduct of Police Officers and Prosecutors No unreasonable or unwarranted search and seizures (Amend. IV) No arrests except on probable cause (Amend. IV) No coerced confessions or illegal interrogation (Amend. V) No entrapment On questioning, a suspect must be informed of his or her rights RIGHTS OF THE ACCUSED