Slides

1. PO 101
Spring 2017

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.  “Free speech” did not occur after WWI
 Passage of sedition acts aimed at anyone
considered “anti-government”
 Two Main Goals:
 Limit anti-war ideas
 Limit supporters of radical governmental change

15. CHARLES SCHENCK JUSTICE HOLMES

24.  First Amendment does NOT automatically
protect against obscene speech
 Supreme Court and InformalTests
 MillerTest
 Does work offensively depict or describe sexual acts?
 SLAPSTest: Whether the work, taken as whole, lacks
serious literary, artistic, political, or scientific” value

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

28.  Restrictions on press before message published
 Dangerous form of censorship
 Limits “marketplace of ideas”

30.  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

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

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

33. THOMAS JEFFERSON JAMES MADISON

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

35. 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

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

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

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

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