Freedom of Speech and Press

Prior Restraint• Government CANNOT punish

people for spoken or written words before they are expressed

• 1st and 14th amendments• Court Case: New York Times v.

United States, 1971– Several Newspapers MIGHT

print official government documents that were leaked

• Exceptions– School Newspapers– Political Material on Military

Bases– Reading material of a person in

jail

Commercial Speech• Speech for Business

Purposes = advertising• 1st and 14th amendments• Court Case: Wooley v.

Maynard– Covered state motto “Live

Free or Die” on license plate

• Exceptions– False and Misleading Ads– Ads for illegal goods or

services– Cigarette Ads on radio and TV

Freedom of Assembly and Petition

Public Property• Demonstrations that take

place on sidewalks, streets, parks, public buildings

• 1st Amendment• Court Case: Gregory v.

Chicago– If the people demonstrating

remain PEACEFUL then they are allowed to assemble in public places and not be punished

Freedom of Security of the Person

Security of Home and Person• Warrant must be obtained

with probable cause• Arrest is seizure of a person

– no need for a warrant• Automobiles – no need for

warrant under probable cause

• Exclusionary Rule – Evidence gained as a result of an illegal act by police CANNOT be used at the trial of the person

• Drug Testing – no need for a warrant

• Wiretapping – no need for a warrant because there is no physical invasion when the wires are tapped outside of the home

• 3rd and 4th amendments• Court Case: Mapp v. Ohio

– Exclusionary rule given to the state as well as nation

Rights of the Accused

Bills of Attainder• Legislative act that inflicts

punishment without a court trial

• Bills of Attainder have been BANNED– Must have a court trial

• Article I, Sections 9 and 10• Court Case: United States v.

Brown

Rights of the Accused

Speedy Trial• Person will be put on trial

within a reasonable amount of time from arrest

• 6th and 14th amendment• Court Case: Barker v Wingo,

1972– The length of delay– The reason for delay– If the delay harmed the

defendant– Did the defendant ask for a

prompt trail

Public Trial• Right for people to view the

trial and proceedings– Mainly dealing with media

(newspapers and television)• Judge can limit the number

and kinds of spectators• Trials should not be too

speedy or too public• 6th and 14th amendment• Court Case: Chandler v.

Florida, 1981– Constitution does not prevent

allowing televising a criminal trial

Rights of the Accused

Trial by Jury• Person accused of a federal

crime must be tried by an impartial jury

• Jury must come from the state and district the crime was committed– Person being tried may as for

“change of venue”– Person being tried may waive

the right to a jury trial (bench trial)

• 6th and 14th amendment• Court Case:Miller-El v Dretke,

2005

Right to an Adequate Defense• Person accused of a crime

has the right to the best possible defense that circumstances will allow

• 6th and 14th amendments• Court Case: Escobedo v

Illinois, 1964– Escobedo asked for his

lawyer, his lawyer was there and yet the police denied his right to see him

Federal Civil Rights Laws• Civil Rights: Reconstruction to Today– 1870s – 1950s Congress did not pass ANY civil rights

legislation• Dr. King and the Civil Rights Movement– Civil Rights Act of 1964

• Outlaws discrimination based on race, color, religion, national origin, sex, or physical disability

• Can not be denied federal funding• Cannot be discriminated against by employer or labor

unions– Civil Rights Act of 1968

• Open Housing Act – forbids anyone to refuse to sell or rent a dwelling to any person on grounds of race, color, religion, national origin, sex, or physical disability