Important information about History, Cheat Sheet of History

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CIVIL

LIBERTIES

Federal Government

Updated 2024

AGENDA Introduction Definition Applying the Bill of Rights First Amendment Religion Speech Criminal Procedure Right to Privacy?

Bill of Rights limits only the actions of the national government, not the state governments. BARRON V. BALTIMORE (1833)

Benjamin Gitlow arrested in 1919, convicted under NY

Criminal Anarchy Law (punished advocating the overthrow

of government by force). He had distributed “Left Wing

Manifesto” calling for establishing socialism through strikes &

class action. No such action occurred from the manifesto.

Is this a violation of the First Amendment?

SELECTIVE INCORPORATION

Fundamental rights protected

from state governments by the

14th Amendment

14th Amendment

Fundamental rights

incorporated into 14th A on a

case by case basis.

Incorporation

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... Separation of church & state? FIRST: FREEDOM OF RELIGION

Prayer in schools

Public speech/endorsement/coercion = NO

Private speech = YES

Engel v. Vitale (1962) 6-

Wallace v. Jaffree (1985) 6-

Santa Fe ISD v. Doe (2000) 5-

Kennedy v. Bremerton School District (2022) 6-3)

ESTABLISHMENT

Lemon Test

Must have a secular purpose

Congress shall make NO law?

Minersville School District v. Gobitis (1940) 8-

West Virginia SBOE v. Barnette (1943) 6-

“Neutral & Generally Applicable”

Employment Division v. Smith (1990) 6-

FREE EXERCISE

Sherbert Test

Sincerely held religious belief?

FIRST: FREEDOM OF SPEECH STRICT SCRUTINY

Narrowly tailored;

Serve a compelling government

interest;

Leave open alternative channels of

communication.

Brandenburg v. Ohio (1969)

Ohio law: illegal to advocate unlawful

methods of terrorism as a means of reform

Is it intended to produce imminent lawless action? Is it likely to incite or produce such action? Congress shall make no law abridging the freedom of speech Government may have reasonable time, place, & manner restrictions

CRIMINAL PROCEDURE

These protect the due process rights of

the criminally accused at every stage of

the process.

Article I also prohibits

Ex post facto laws

Bills of attainder

FOURTH AMENDMENT Guarantees the security of citizens against unreasonable (i.e., improper) search & seizure. Warrant requirement & exceptions: Reasonable expectation of privacy.

Consent; Plain View Terry Stop: Reasonable

Suspicion of Criminal Activity

School Searches:

Reasonableness

Exclusionary Rule

SIXTH AMENDMENT Another lengthy amendment that includes several protections for a defendant going through the process of a criminal trial.

Right to Jury/

Impartial Jury

Speedy Trial/

Public Trial

Confront Witnesses Against Them/

Obtain Witnesses in Their Favor

Right to Counsel

EIGHTH AMENDMENT Prohibits Excessive bail Excessive fines Cruel & unusual punishment How to define it?

Trop v. Dulles (1958): it must “draw its meaning from the evolving

standards of decency that mark the progress of a maturing society.”

Why 1976?

SCOTUS paused death penalty in 1972 & reinstated in 1976 for

states that had reformed their statutes regarding capital

punishment.

Most now have specific category of capital offenses.