Amendments- Bill of Rights
The right to be
adorable
1st Amendment
• Speech-– Government Regulation-
• Civil Liberties are not unfettered-
• Assembly
• Association
• Press
• Religion
Free Speech
Brandenburg v. Ohio
Right to Associate
Symbolic Speech
O’Brien
Texas v. Johnson
Virginia v. Black (irony?)
Right to Assembly
• What Regulations are permissible
9? Friday? At the Park? With 300Watt Amplifier? Insurance?
Freedom of the Press
Freedom of Religion???
Tough cases: Santa Fe Independent School District v. Doe?
Engle v. Vitale (1963)?
Free Exercise?• These kinds
Good News Club et. al. v. Milford Central School (2001)
• Not that kind
WEST VIRGINIA BOARD OF EDUCATION .
v. BARNETTE (1943)
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., et al., PETITIONERS v. VILLAGE OF STRATTON (2002)
Obscenity?
Scientific? Literary? Political? Artistic?
I know it when I see it! Miller v. California
Students’ Rights
Morse v.Frederick
Tinker v Des Moines
substantially interfere with appropriate school discipline???
2nd amendment
4th Amendment
What about a car?
Exceptions--LOTS• Plain View• Incident to an Arrest• Car Stop- Provided not DWB! –must have cause to stop!• Road blocks so long as random• Exigent/Emergency• If Police/Govt needs to take custody of property• Students---depends on level of privacy expectation and
ownership of property- ie. Student lockers?• Drug Testing—yes- extracurricular events! (Safford v.
Redding)
??????????
?????
5th Amendment
What is to “Not be tried 2x for the same crime”
• The question is “Double Jeopardy”» Dual Jurisdiction??
Civil v.
Crim
inal???
5th Amend? YUP Kelo v. New London
6th Amendment
8th Amendment
Right to Privacy
14th Amendment
Selective Incorporation
Equal Protection
Due Process