Slide 1 - Methacton School District

							                   Court Cases
Privacy and   1st Amendment   Rights of the   Misc Concepts   Federal Courts
   Press                       Accused

 100             100            100             100              100

 200             200            200             200              200

 300             300            300             300              300

 400             400            400             400              400

 500             500            500             500              500
Name three provisions in the US
Constitution that are sources for
 the implied right to privacy?
• 1st – privacy of religion and speech
• 3rd – no quartering of soldiers
• 4th – no unreasonable search and seizure:have
  to have a warrant to search in most cases
• 5th – right to not incriminate yourself (silence)
• 9th – reserved rights of people
Name two types of privacy
that the Supreme Court has
          protected
      through rulings.
• Griswold v CT – marital privacy and birth control
• Roe v Wade – female privacy for reproduction
  (abortion)
• Lawrence v Texas– adult sexual privacy – (gay rights
  and sodomy law revisions)
• Other related topics –
   – privacy of parents to home school kids
   – Right to expressive association (Boys Scouts v Dale case)
    In order to successfully sue someone
or an organization for libel in the US what 2
                  things do
             you have to prove?
• That the information was false
• There was malicious intent to harm the person
• This standard is difficult to prove.
What is prior restraint as it relates
          to the press?
• The idea that the government could stop
  (censor) stories before they are printed.
• It is very difficult for the government to do
  this.
• The main concept in the US is to allow
  publication/broadcast but punish after for
  inappropriate/unlawful information.
 What does the term penumbra
mean in a legal sense as it relates
      to personal rights?
• Penumbra is the concept that deals with
  implied rights of the US Constitution. That
  certain stated rights in the US Constitution cast
  shadows and include other implied rights
  such as privacy.
What are the five personal rights
   in the first amendment?
•   Speech
•   Religion
•   Press
•   Peacefully assemble
•   Petition the government
Name three limitations of speech
as established by Supreme Court
rulings.
• Commercial – most regulated type
• School related – anything that disrupts the education
  process – such as profanity, ethnic/sexual
  intimidation, drug references, demonstrations, etc.
• War time speech – speech that advocates for the
  overthrow of the gov’t or disrupts necessary gov’t
  activities (burning draft card)
• Obscenity and profanity
• Dangerous speech – imminent danger, or dangerous
  tendency, hate speech, fighting words
• Hate speech- only if poses an immediate danger
  Describe two case examples of symbolic
                  speech
that have been protected by the government
     Protected Symbolic Speech
• Tinker case – armband protest of Vietnam War
• Texas v Johnson – allowed flag burning
What are the two clauses dealing with
  religion in the first amendment?
              Religion Clauses
• Establishment – “wall of separation” clause –
  government can’t establish or support a religion
• Free exercise – gov’t can’t keep you from practicing
  your religion.

• The Articles also contain a provision that there will
  be no religious test for government positions-
  meaning you don’t have to be of a particular religion
  to be elected or appointed to a government position.
The federal courts have mixed rulings
about the concept of church and state. Many
of these cases have centered on schools.
Discuss one religious activity that is allowed
and one that is not allowed.
• Busing to private schools is allowed because it is a
  nonreligious activity
• Protected
   – Private prayer by teacher or student (that does not interfere with
     educational process – such as lunch time)
• Unconstitutional in public schools
   –   Teacher led prayer
   –   Student led prayer at a public school function
   –   Curriculum funding by government (at religious schools)
   –   Voluntary student prayer
• “Lemon test”- non-secular purpose, doesn’t promote or inhibit
  religion, doesn’t create a gov’t entanglement with religion
Name five rights of the accused
Protected in the Bill of Rights.
•   4
        –   Protections from unreasonable search and seizure
              •   Warrants issued (by judges) with places to be searched
              •   probable cause
•   5
        –   Grand jury
        –   Double jeopardy
        –   Right to remain silent
        –   Not to be deprived of life, liberty, or property w/o due process of law (laws must be clear and fair)
•   6
        –   Speedy and public trial
        –   Trial by jury of peers (state or district)
        –   Know accusations and to be able to confront witnesses
        –   Right to a lawyer
        –   Right to witnesses in their favor

•   7
        –   Jury trials for civil cases (now threshold is $75,000)
•   8
        –   No cruel and unusual punishment
        –   No excessive fines or bail
What is the
exclusionary
   rule?
• Mapp v Ohio
  – Legal principle that holds that evidence gathered in
    an illegal manner can’t be used as evidence against
    you in a court of law.
What is the good-faith exception?
• US v Leon
  – Exemption to exclusionary rule if police thought
    they were acting legally (wrong house number on
    search warrant for example)
Discuss three situations police can
  Conduct warrantless searches.
• Consent is given
• Emergency situation ( burning building)
• Police can search in car within reach of drivers
  and passengers)
• Plain view exception
• Stop and frisk for officer safety and
  identification
Explain the due process clause in the 5th
          and 14th amendment.
• 5th applies to federal. 14th applies to states
• Laws must be clear and understandable so the
  government can’t arbitrarily act on them.
• Criminal proceedings must be fair.
Name two protections for the
accused in the body of the US
    Constitution (articles)
• Can’t get rid of Habeas Corpus except for
  times of rebellion or invasion (brought before
  a judge and told of crimes, has to be
  evidence/probable cause to proceed)
• Can’t have ex post facto laws
What is an enemy combatant?
• Enemy of a state
  – Could be a military person from another state
  – Or in US could be terrorist acting independently of
    a state
  – In rare circumstances a US citizen has been labeled
    enemy combatants as well
• Supreme Court has ruled enemy combatants at
  Guantanamo Bay must have legal proceedings
What is selective incorporation?
• The concept that the rights in the Bill of Rights
  also apply to the state governments. Involves
  the 14th amendment.
Incorporation cases examples:
  Gideon (lawyer)
  Gitlow (speech)
   Near v Minnesota (press)
   Mapp v Ohio (exclusionary)
What topic does the “Miller Test” involve
   and what are its three main parts?
• Topic -Obscenity
• 3 parts
  – Considered obscene by local standards
  – Breaks an existing law
  – Lacks serious artistic, scientific, political value
Provide three cases where the rulings
 of the Supreme Court infringed on
  he reserved powers of the states.
• Baker v Carr (equal district pop. - elections)
• Furman v Georgia (death penalty – police
  powers)
• Mapp v Ohio (exclusionary rule – police
  powers)
• Miranda v Arizona (warnings –police powers)
• Bush v Gore (2000 election)
• DC v Heller 2008 (DC gun laws – police
  powers)
What is stare decisis?
• Refers to the judicial principle of adhering to
 precedent (from a past case) when deciding a
  new case.
Name two ways interest
groups affect the judicial
Branch?
• “Sponsor” some cases as they progress
  through the legal system.
• Amicus Curiae briefs – advice formally
  offered to the court in the form of a written
  brief filed by a party interested in a case but
  not a party in the case.
• May testify at congressional hearings on
  judges either for or against a judicial nominee.
Name three types of cases that would
more likely be heard in state courts and three
that would be heard in federal courts.
• State
   – Cases involving criminal activity
   – Family and custody cases
   – Most civil cases – business/contracts
   – Cases involving state or local governments and/or their laws
   * Extradition clause requires states to return or assist in returning accused who
      may be living in the state. Trials happen where the crime took place even
      though the accused may not live in that state.
• Federal
   –   Bankruptcy
   –   Maritime
   –   Issues involving different states (environmental issues)
   –   Civil suits under federal law (civil rights cases)
   –   Cases involving federal agencies
   –   Civil cases of citizens of different states involving more than $75,000
Name two differences between
 constitutional and legislative
            Courts.
• Constitutional
   –   Judges serve for life
   –   Judges’ salaries can’t be reduced
   –   Focus on constitutional issues and rights
   –   Involves 94 district courts, 13 Court of Appeals regions,
       and one Supreme Court
• Legislative
   – Judges serve fixed terms and salaries can be reduced so
     they are not as independent as constitutional judges/courts.
   – Conduct specific purposes – tax, trade issues, military
What is the difference between
An activist judge and an “originalist”
Judge (strict constructionist)?
• Originalists – less law making in rulings; base
  rulings on original intention of framers of the
  US Constitution
• Activist – place personal and modern concepts
  in meaning behind the often vague US
  Constitution. It is more law making.
  Ex of activist cases– Roe v Wade, Brown v
  Board of Education, etc.