introduction to constitutional law chapter 36 march 3, 2009

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?