Supreme Court Appointed for life 8000 cases appealed to them, but only hear 80-100 per year Once...

Supreme CourtAppointed for life8000 cases appealed to them, but only hear

80-100 per yearOnce decision is made, they are law of the

land

Supreme Court JusticesAlmost all have been white, male, protestant,

all have been lawyersToday:

1 African American, 1 Hispanic, 3 Women

Chief JusticeJohn RobertsC- 2005

Antonin ScaliaC- 1986

Anthony KennedyC - 1988

Clarence ThomasC- 1991Ruth

Bader GinsbergL- 1993

Stephen BreyerL- 1994

Samuel AlitoC- 2006Sonia

SotomayorL- 2009

Elena KaganL -2010

Freedom of Religion – TWO PARTSFIRST PART – ESTABLISHMENT

CLAUSEProhibits – 1. National religion2. Preference of one religion over

another

Lemon v. Kurtzman“Lemon Test” - 1. Must have a secular purpose (guiding

morals of nation?)2. Neither advance nor inhibit religion3. Can’t promote “excessive” entanglement

with religion

Establishment Clause1. Van Orden v Perry (2005)

Pillar outside Texas State Capital violates Establishment Clause?

Violates= NO!

2. Wallace v. Jaffree (1984) Alabama law authorized teachers to

conduct school prayer. Violates = Yes!

3. Newdow v. U.S. Congress (2005) Elk Grove School District-teachers lead

students in reciting the Pledge of Allegiance

Violates = NO! father didn’t have custody of daughter

SECOND PART - Free Exercise Clause Prevents the government from

restricting people’s religious practices

CHURCH OF LUKUMI BABALU AYE v. CITY OF HIALEAH

The city had passed a series of local ordinances outlawing animal sacrifice, a central practice of the Santeria religion

Cases1. Sherbert v. Verner (1962)

2. Oregon v. Smith (1989)

Overall, freedom of religion cannot endanger the lives or the welfare of society

Freedom of Speech- Three Types:1. Pure Speech – spoken word alone

2. Speech-plus – words combined with some sort of action

3. Symbolic speech

Freedom of Expression CasesCollin v. Smith – Nazi March in Skokie, IL (1978)Even unpopular ideas are protected speech

Westboro Baptist Church"homophobic and anti-Semitic hate group“ by

Anti-Defamation league.

Pray for people to die???Video:http://www.huffingtonpost.com/

2013/02/06/libby-phelps-alvarez-westboro_n_2630463.html

Texas A & M students block protest

Anonymous hacked Facebook page of “Church”

Videoshttp://www.youtube.com/watch?

v=CHDFi3jjRJU60 Minutes-Australia

Patriot Guard block protestershttp://www.youtube.com/watch?

v=O2mAz06nP-0

Limits on Freedom of Speech“Clear and Present Danger” – Schenck v. US

Sedition -incitement of resistance to or insurrection against lawful authority

Defamation – slander and libel; malicious intent

Welfare of society – “imminent danger” or “fighting words.”Yelling fire in a crowded theater

Court CasesTinker v. Des Moines (1969)-symbolic speech

Texas v. Johnson (1988)-burning a flag?

Virginia v. Black (2002)-KKK

Bethel v. Frasor (1985)-student speech

US v. ALA (2002)-Libraries

Judge dismisses libel case against Tenn. senatorR-TN Stacey Campfield

Roger Byrge (candidate for House in TN) had multiple drug arrests, and that the mug shots were “gold.”

Case dismissed because he thought it was true at the time

“Sometimes you just get beat, and that’s just the plain simple truth of the matter,” he said. He added: “Politics are politics, and it’s a big boys and big girls game. That’s just the way it is.” DO NOT WRITE THIS!

Mr. Rae

New York Times v. Sullivan (1964) The First Amendment protected all

statements about public officials unless the speaker lied with the intent to defame.

Defamation of character= need valid evidence (multiple witnesses to back

up claim)Damage to the plaintiff

Pentagon PapersGulf of Tonkin a fraudulent claim

to get U.S. involved in Southeast Asia?

Vietnamese PT boats attack US destroyer

Gave Johnson justification needed to obtain a congressional resolution Fmr. CIA operative Valerie

Plame and Joe Wilson

Wikileaks CasePfc. Bradley Manning-largest leak of

classified info. In the nation’s historyhttp://www.youtube.com/watch?

v=qhMYPgXCqvE

•http://www.youtube.com/watch?v=8-NHfLTJ4Gc

Private Military Contractor CreedI am my country's scapegoat, the "plausible

deniability"warrior, and I love it. I care not for ribbon's and awards for valor. I

do this job for the opportunity to kill the enemies of my country, and to finally get that boat I've always wanted.

I will carry more weapons, ammunition, and implements of death on my person, than an infantry fire team, and when engaged I will lay waste to everything around me.

Libel vs. Slandercivil wrongs that harm a reputation; decrease respect,

regard, or confidence; or induce disparaging, hostile, or disagreeable opinions or feelings against an individual or entity

Libel-written words which are untrue and meant to hurt another’s reputation Facebook = libel

Justin Layshock –accused principal of smoking pot and hiding beer behind his desk. Suspended and sued (suspension overturned-didn’t prove disrupted operation of school).

Slander-Spoken words which are untrue and meant to hurt another’s reputation

Hustler Magazine vs. Jerry Falwell

Rick Perry demands an apology!?

West Fertilizer Co. did not tell the U.S. Department of Homeland Securiy that it was "storing 1,350 times the amount of ammonium nitrate that would normally trigger safety oversight"

The plant had not been inspected by OSHA since 1985

OSHA = Occupational Safety and Health Agency

Freedom of AssemblyPublicly owned grounds with public access

Cities can establish rules as long as they are “reasonable, fair and precise”

Heckler’s Veto - Police can stop if violence is imminent