This document provides an overview of key concepts relating to civil liberties and rights protected by the US Constitution. It discusses freedom of speech, including categories of unprotected speech, as well as landmark Supreme Court cases. It also summarizes the protections for freedom of the press, separation of church and state, due process, right to counsel, and privacy rights including end of life decisions. The document uses bolded text and bullet points to concisely outline important terms, tests, and court cases.

1. POL 205
Fall 2019

6. The Social Contract
“Consent of
the Governed”
Locke

9. “Congress shall make no law…abridging the Freedom of Speech”

10.  Allows for an informed citizenry
 Provides against influence of government
 Provides a voice for the minority
 Preserves existence of truth in society

11.  Speech Criticizing the Government
 “Fighting Words” and Offensive Speech
 Symbolic Speech
 Sexually Explicit Speech
 Campaign Finance: Money as Speech?

13. DEFINITION OF SEDITION
 Speech criticizing the government
for the purpose of inciting rebellion
ALIEN AND SEDITION ACTS
(1798)

14.  Federal Espionage Act (1917j)
 Prohibited statements interfering with military goals or
promoting success of enemies abroad.
 Two Main Goals:
 Limit anti-war ideas
 Limit supporters of radical governmental change

15. CHARLES SCHENCK JUSTICE OLIVER
WENDELL HOLMES

23.  First Amendment does NOT automatically
protect against obscene speech
 Supreme Court and InformalTests
 MillerTest (“SLAPSTest”)
 Does work offensively depict or describe sexual acts?
 Does work lack serious literary, artistic, political, or
scientific” value

26. “Congress shall make no law…abridging the freedom…of the press”

27.  Restrictions on press before publication
 Dangerous form of censorship
 Limits “marketplace of ideas”

29.  Libel is publishing of false and damaging
statements about another person
 Supreme Court says person must show:
 Statements were false or damaging
 Publisher must have acted maliciously

30. “Congress shall make no laws respecting an establishment of religion,
or prohibiting the free exercise thereof”

31.  Federal government may not pass laws
providing for “an establishment” of religion

32. THOMAS JEFFERSON JAMES MADISON

33. SEPARATIONISTS
 Clear division between
church and state
ACCOMODATIONISTS
 State should NOT be
separate from religion
 Accommodate religion,
without showing preference
for one religion

34. LEMONV. KURTZMAN (1973)
 Established LemonTest to judge if laws relating to
religious activity are constitutional:
 Secular (nonreligious) purpose
 Neither advance nor inhibit religion
 Avoid excessive entanglement between church
and state

35.  Individuals may freely practice religion
without interference from government

38.  Probable Cause
 Warrant
 Exclusionary Rule
 Does search violate Fourth Amendment?
 Evidence resulting from search cannot be used
 Exceptions: “Good Faith,” “PlainView”

40. In all criminal prosecutions, the accused shall…
have the Assistance of Counsel for his defence”

49. Terri Schiavo
Cruzan v. Missouri
Department of Health
(1983)