Date post: | 12-Jan-2016 |
Category: |
Documents |
Upload: | darlene-cooper |
View: | 212 times |
Download: | 0 times |
Introduction to Constitutional Law
Chapter 36
March 3, 2009
Bell-Ringer Week 6
Tuesday, March 03, 2009
Name three explicit rights guaranteed in the Bill of Rights.
The Constitution
Separation of Powers Supreme Law of the Land Guarantees Basic Rights Endures – Oldest still in use. Adaptive – Responsive to new world
Amendments
Additions/change to the Constitution 2/3 vote of both houses of Congress National Convention called by Congress at the request
of 2/3 of the States. ¾ of states must ratify it.
Declaration of Independence 1776 Constitution adopted in 1787 Bill of Rights added in 1791
1st Ten Amendments Added under pressure Rights often listed in State Constitutions
Assignment
Cornell Notes for Chapter 36 Pages 441-444 We will complete Problem 36.2 Tomorrow. In
class.
Bell-Ringer 3/4/2009 - Week 6
Which one of these rights do you feel is the most important? Why?
Right to… Privacy Jury trial Freedom of religion Travel Freedom of speech Vote assembly
Vocabulary Review
What is…?
Due Process
Balancing test
Problem 36.2
“Rights are not Absolute”
Why or why not?
Examples
Balancing tests.
Economic Rights?
Constitutional? Should it be?
What are three basic tenets of understanding Constitutional law?
Rights guaranteed in the Constitution are not absolute.
The Constitution protects citizens from the acts of government.
Enforcing an Protecting your rights requires ongoing effort.
Freedom of Speech
Chapter 37
The First Amendment…
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Bell-Ringer – Q3-Week 7March 9, 2009
Fill in the blanks with the words at the bottom:
Rather than having the government establish the ______, freedom of ________ enables the truth to emerge from _______ opinions.
Diverse, truth, bank, speech
Freedom of Speech can be limited.
Examples Obscenity Defamation Commercial speech Fighting words Incitement
Time, place and manner can also have restrictions Actions can be interpreted as speech (symbolic)
When do you think limits are beyond reasonable?
Obscenity
Anything that treats sex or nudity in an offensive or lewd manner, exceeds recognized standards of decency, and lacks serious literary, artistic, political, or scientific value.
In 1957, Justice Stewart stated about pornography, that he could not define it, but “I know it when I see it.”
Obscene?
Obscene?
Obscene?
Obscene?
Obscene?
Obscene?
Miller v. California
Three-Part Test
1. Average Person Standard 2. Clearly Offensive specifically in law. 3. Lack artistic, scientific, or other value?
Obscene?
Bell-Ringer 3/13
Define: Incitement or hate speech and why it is a limit on the 1st Amendment.
Fighting Words, Offensive Speakers, and Hostile Audiences
Place is a factor in determining whether speech is protected.
When public speaking Consider the speaker and the audience
Fighting words
Abusive or threatening
Face-to-face that may lead to imminent breach of peace
Used rarely
Offensive Speech
How to deal with angry audience? advocacy for illegal
activity?
Clear and Present Danger Test Examine the
circumstances.
Page 460-461 Flag Burning
Flag Burning
Opinion A Should be protected Freedom of expression Political speech Symbolic Protecting opinions Peaceful - ok
Opinion B Should not be protected National Unity Disrespect Cultural insult Hate Crime Shared Values Can be limited Historical Significance
Protection from govt. Time, place, and manner
do matter.
Public Forum – place
The right to do something doesn’t necessarily mean doing it is right.
Bell-Ringer 3/16 Week 8
What is meant by freedom of expression?
Free Expression?
Is this right?
Do you have the right?