You be the Judge. How the court decided

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1 1 Amendments and their corresponding cases SWBAT identify the development of civil liberties through judicial interpretation. 4: All of 3 PLUS I can apply these precedents to hypothetical cases. 3: I can identify SCOTUS decisions that have expanded our concept of civil liberties over time. 2: I can identify important SCOTUS cases, but am not sure I can explain how they relate to civil liberties. 1: I can define civil liberties. Table 5.1: How has selective incorporation made the Bill of Rights applicable to the states? You be the Judge In the following First Amendment cases, decide if the Constitution permits or prohibits a particular action Back To Learning Objectives Case 1 Jacksonville, FL passes a city ordinance prohibiting drive-in movies from showing films containing nudity if the scene was visible to people passing by on the street. A movie theater manager protested, claiming he had a First Amendment right to show such films, even if they could be seen from the street. Who is correct? The drive-in movie won. The Supreme Court, 6-3, decided that the First Amendment protects the right to show nudity; it is up to the unwilling viewer on the public streets to avert his or her eyes. Erznozik v. Jacksonville (1975)

2 2 Case 2 Dr. Benjamin Spock wanted to enter Fort Dix Military Reservation in New Jersey to pass out campaign literature and discuss issues with service personnel. The military denied him access on grounds that regulations prohibit partisan campaigning on military bases? The military won. The Supreme Court, 6-2, decided that military reservations are not like public streets or parks, and thus civilians can be excluded from them, especially if it subjects the military to various political causes. Greer v. Spock (1976) Case 3 A town passed an ordinance forbidding the placing of For Sale or Sold signs in front of homes in racially changing neighborhoods. The purpose was to reduce white flight and panic selling. A realty firm protested, claiming its freedom of speech was being abridged. Who is correct? The realty firm won. The Supreme Court, 8-0, decided that the First Amendment prohibits the banning of signs, even of a commercial nature, without a strong legitimate state interest. Linmark Associates, Inc. v. Willingboro (1977) Case 4 A girl in Georgia was raped and died. A local television station broadcast the name of the girl having obtained it from court records. Her father sued, claiming his family s right to privacy had been violated, and pointed to a Georgia law that made it a crime to broadcast the name of a rape victim. The television station claimed that it had a right under the First Amendment to broadcast that name. Who is correct? The television station won. The Court, 8-1, decided that the First Amendment protects the right to broadcast the names of rape victims if they are obtained from court records. Cox Broadcasting Corp. v. Cohn (1975)

3 3 Case 5 Florida passed a law giving a political candidate the right to equal space in a newspaper that had published attacks on him. A newspaper claimed this violated the freedom of the press to publish what it wants. Who is correct? The newspaper won. The Supreme Court decided unanimously that the First Amendment prohibits the state from intruding into the function of editors. Miami Herald Publishing Co. v. Tornillo (1974) Case 6 Zacchini is a human cannonball whose entire 15 second act was filmed and broadcast by an Ohio television station. Zacchini sued the station, claiming his earning power had been reduced by the film because the station showed for free what he charges people to see at county fairs. Zacchini, the human cannonball, won. The Supreme Court, 5-4, decided that broadcasting the entire act without the performer s consent jeopardized his means of livelihood. Zacchini v. Scripps-Howard Broadcasting Co. (1977) The station replied that it had a First Amendment right to broadcast such events. Who is correct?

4 4 World War I and antigovernmental speech Clear and present danger test Direct incitement test Texas v. Johnson (1989) New York Times v. US (1971) Near v. Minnesota (1931)

5 5 Engel v. Vitale (1962) Lemon v. Kurzman (1971) Group activity Miller v. California (1973) Obscene IF: 1. That the average person would, applying contemporary community standards, find that the work appealed to the lustful or inmodest interest 2. That the work depicts or describes, in an offensive way, sexual conduct defined by State Law 3. That the work taken as a whole, lacks serious literary, artistic, political or scientific value Mapp v. Ohio (1961)

6 6 Types of Police Searches 1. Plain view Search and Plain feel search 2. Consent 3. Hot Pursuit 4. Exigent Circumstances (i.e. emergencies) 5. Terry Stop and Frisk (Terry vs. Ohio- 1968) 6. Vehicle Searches (No warrants but probable cause) 7. Search Incident to a Lawful Arrest 8. Airports and Borders (High Security Areas) 9. Good Faith Exception Clause 10. Special Needs Administrative Searches (i.e. School metal detectors)

7 7 Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Gregg v. Georgia (1976)

8 8 Griswold v. Connecticut (1965)- 9 th Amendment Roe. v. Wade (1973)-9th amendment (right to privacy) & 14th amendment Dred Scott v. Sanford (1857) -the Court upheld property rights over human rights. This narrow reading of the Constitution was an example of States Rights advocacy. Plessy v. Ferguson (1896) - Separate but equal facilities were allowed and did not violate the equal protection clause Brown v. Board of Ed (1954)- Equal Protection Clause -14th amendment (equal protection clause) Overturned Plessy v. Ferguson and the separate but equal doctrine that separate schooling of the races was unconstitutional and demanded that schools desegregate with all deliberate speed Regents of University of California v. Bakke (1970)- Equal Protection Clause Baker v. Carr (1962) and Westberry v. Sanders (1964) Baker: Malapportionment violated the 14th amendment All districts must be contiguous and touching, precursor to Westberry Westberry: -One person one vote, all districts must be equal in POPULATION not AREA or SIZE Gerrymandering

9 9 Bill of Rights (Amendments 1-10) Amendments Freedom of Expression 2.Right to Keep and Bear Arms 3.Lodging Troops in Private Homes 4.Search, Seizure, Proper Warrants 5.Due Process 6.Criminal Trials 7.Civil Trials 8.Bail; Cruel, Unusual Punishment 9.Unenumerated Rights 10.Powers Reserved to the States 11. Suits Against the States 12. Election of the Pres./VP 13. Abolished slavery 14. Rights of Citizens 15. Right to Vote: Race 16. Income Tax 17. Popular Election of Senators 18. Prohibition of Alcohol 19. Women s Suffrage 20. Commencement of Terms 21. Repeal of Prohibition 22. Presidential Tenure 23. Electors for D.C. 24. Banned the Poll Tax 25. Presidential Succession; VP Vacancy; Disability 26. Right to Vote: Age 27. Congressional Pay

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