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?
12.
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
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
28.  Restrictions on press before message published
 Dangerous form of censorship
 Limits “marketplace of ideas”
29.
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.
32. “Congress shall make no laws respecting an establishment of religion,
or prohibiting the free exercise thereof”
33.  Federal government may not pass laws
providing for “an establishment” of religion
35. SEPARATIONISTS
 Clear division between
church and state
ACCOMODATIONISTS
 State should NOT be
separate from religion
 Accommodate religion,
without showing preference
for one religion
36. 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
37.  Individuals may freely practice religion
without interference from government
38.
39.
40.  Probable Cause
 Exclusionary Rule
 Does search violate Fourth Amendment?
â–Ş Evidence resulting from search cannot be used
 Exceptions: “Good Faith,” “PlainView”
41.
42. In all criminal prosecutions, the accused shall…
have the Assistance of Counsel for his defence”
