Courts The st Amendment 1 Quickwrite

Courts & The st Amendment 1

Quickwrite… The 1 st Amendment deals with the rights of Religion, Speech, Assembly, Press, and Petitioning of the government. Which do you believe is the most important of the rights listed above? Why?

JUDICIARY = FEDERAL COURT SYSTEM

Two Court Systems! Federal Courts n Supreme Court & States Courts n Every state Lower federal courts n Power: State made by Congress Constitutions & Laws n Power: US Constitution & Federal Laws

Types of Federal Courts Constitutional Courts n 94 District Courts Special Courts n US Court of Federal Claims Appeals n Territorial Courts n US Court of Appeals n Courts of the District for the Federal Circuit of Colombia n US Court of n US Tax Court International Trade n US Court of Appeals for the Armed Forced n US Court of Appeals for Veteran Claims n 12 US Court of

Cases for the 94 District Courts n Bank Robbery n Counterfeiting n Mail Fraud n Kidnapping n Civil Rights abuses n Tax evasion n Bankruptcy n Drug Trafficking

Jurisdiction: Authority to hear a case n Exclusive: only heard in one type of court – State OR Federal court only n Concurrent: can be in both courts systems – Example: citizens of different states fighting over $75 K can hear case in either court type

n Original Jurisdiction: First court where your case is first heard n Appellate Jurisdiction: If you lose earlier case you can appeal (petition). Usually 3 judges, with no jury trial. n If you lose again you can go to State or US Supreme Court to appeal. – Only court with appellate + original jurisdiction

US Supreme Court: SCOTUS n Nominated by President w/Senate approval n Lifetime appointments n Chief Justice = leader of group, $255, 500 – John Roberts – Can temporarily hire retired judge to lower court n 8 Associate Justices, $244, 400 – Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan

n Thomas, Sotomayor, Scalia, Breyer, Roberts, Alito, Kennedy, Kagan, Ginsburg

Supreme Court n “Rule of 4”: 4 justices vote to hear a case! – Stare Decisis: Letting lower court decision stand – Modify previous decision of lower court w/out reversing original ruling n Precedent: Using former cases as a basis for the court’s rulings

Supreme Court n Common Law Tradition: Collection of judge- made laws developed by previous judges n Stare Decisis based on this tradition n Rare to overturn previous decision of SCOTUS – Ex: Plessy v Ferguson Brown v Board of Ed

Supreme Court’s Power n Judicial Review: Power to review laws – Marbury v Madison § Jefferson wanted to stop Midnight Judges appointment Marbury sued b/c he wanted job SCOTUS ruled it cannot force Jefferson to give job Judiciary Act of 1789 unconstitutional – “Null and void” if laws/actions unconstitutional

People in the Judicial System n Litigant: One engaged in lawsuit – Must have “standing” to sue, directly affected n Plaintiff: Person bringing charges n Defendant: Person charged w/crime n Jury: 12 impartial citizens hearing case – Right to Trial By Jury

Types of Lawsuits n Criminal Lawsuit: Individual charged w/violating law or harming someone n Civil Lawsuit: No criminal charges, charge w/violating or neglecting another’s rights n Class Action Suit: small number of people representing all others in similar situation – Ex: Brown v Board

Lawyers n Defense Attorney: Helps defendant n Prosecuting Attorneys: work for plaintiff – 95% of cases “plea bargain” w/out trial n Attorney General: chief law officer of the national/state n Public Defender: helps defendant who cannot afford to pay for their own attorney – Gideon v Wainright

Judges n Guide decisions, give jury instructions n Criminal Trials Jury decides guilty verdict while judge sentences n Capital Crimes (death) Jury decides sentence n Bench Trials: Only heard before a judge

Terms in a Court n Oral Arguments: info about the case heard n Briefs: written documents filed b/f argument – Amicus Curiae: written by people/groups not in the case but who have interest in it n Writ of Certiorari: Higher court requiring lower court to send up the case for review n Certificate: Lower court unsure about procedure and sends info to higher court

Opinions n Majority Opinion: Court’s ruling w/details n Concurring Opinion: To add/emphasize points not made in majority opinion n Dissenting Opinion: Written by those not in agreement w/majority

“Quickwrite” n “I disapprove of what you say, but I will defend to the death your right to say it. ” – Evelyn Beatrice Hall 1906, English writer who wrote a biography about Voltaire (French philosopher) n This famous quote essentially discusses free speech. Do you think there should be a limit on free speech, or should people say whatever they like? Is there a line that must be drawn somewhere? Why or why not?

ST CIVIL LIBERTIES & 1 AMENDMENT RIGHTS

Bill of Rights n 1 st 10 Amendments of the Constitution n States wanted individual rights protected – Threatened NOT to sign Constitution w/out

Declaration of Independence We hold these truths to be selfevident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men. . . .

Civil Liberties vs Civil Rights Civil Liberties Civil Rights n Protection FROM n Protection BY the government Government

Civil Liberties Examples n Freedom of Religion n Freedom of Speech n Freedom of Press n Right to a Fair Trial

Civil Rights Examples n Protection from… – Racial Discrimination – Religious persecution – Sex discrimination

Limited Rights n You have the right to do as you please UNTIL it infringes on someone else’s rights

Example n Free Speech is not absolute – Cannot use obscene language if it offends – Apollo Media vs. United States 1999 § SCOTUS said it is illegal to send obscene/annoying messages through email.

Sometimes Rights Conflict: Example n Sheppard vs. Maxwell (1966) – Sheppard convicted of murdering pregnant wife – Trial sensationalized in media (Freedom of Press) – Appealed to Supreme Court claiming Freedom of Press denied him right to Fair Trial – Won new trial acquitted – Movie: “The Fugitive”

Whose Rights Are Guaranteed? n Any person in USA (aliens/non-citizens too) n War on Terrorism – Prisoner’s rights? Guantanamo Bay – Boumediene v Bush (2008) § SCOTUS said detainees entitled to US Constitutional protection as well

Bill of Rights FAQS-AT-CUPS n 1. Freedoms n 6. Trial/Counselor n 2. Arms n 7. Civil Trial n 3. Quartering n 8. Unusual Troops n 4. Search/Seizure n 5. Accused Rights Punishment n 9. People’s rights n 10. State’s rights

Constitution Problem n Bill of Rights originally applied to restrict federal/national government n What about individual states? – How do you protect people from state abuses?

14 th Amendment n Due Process Clause: n “No state shall…deprive any person of life liberty or property, without due process of law”

Incorporation: Using 14 th Amendment n Each “right” is individually “incorporated” into each state over time by SCOTUS n SCOTUS strikes down state laws that infringe on our rights – Applies parts of the Bill of Rights to the States! – Each Amendment must be incorporated individually when someone brings it to trial

Incorporation So Far… n 1 st Amendment - Freedoms n 2 nd Amendment - Arms n 4 th Amendment – Search/Seizure n 5 th Amendment – Double jeopardy, due process (except Grand Jury Clause) n 6 th Amendment – Speedy Trial by Jury, Counsel available n 8 th Amendment – Cruel/Unusual Punishment Clause

Gitlow vs New York (1925) n First Incorporation Case n Gitlow convicted in New York court of criminal anarchy by wanting violent overthrow of gov’t in favor of communism n SCOTUS ruled that states must adhere to 1 st Amendment too – But still ruled that Gitlow advocated violence

1 st Amendment n “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

1 st Amendment n RAPPS! n Freedom of Religion – Establishment Clause: No forcing religion – Free Exercise Clause: No stopping religion n Freedom of Assembly n Freedom of Petition n Freedom of Press n Freedom of Speech

Court Cases Involving the 1 st Amendment? v. Religion v. Assembly v. Petition v. Press v. Speech

Freedom of Religion

Where are the Religions?

Santa Fe School D. v Doe (2000) n Santa Fe High School permitted student- led student-initiated prayer at football games, with the students voting on who will deliver the prayer at the event. n Question: Did the school district violate the Establishment Clause of the 1 st Amendment by allowing for prayer at football games? Is this private student speech, or public speech?

Santa Fe School D. v Doe (2000) n Yes, this did violate the Establishment Clause of the 1 st Amendment. n Football game prayers were public speech taking place on public property n It is considered perceived and actual government endorsement of the delivery prayers at important school events

Wallace v Jaffree (1985) n Alabama law authorized 1 -minute period of silence in public schools “for meditation or voluntary prayer” n Ishmael Jaffree, a parent of 3 students, sued the district/state (Wallace was the governor of Alabama) n Question: Did Alabama violate the Establishment Clause of the 1 st amendment?

Wallace v Jaffre (1985) n Yes, Alabama did violate the 1 st Amendment n People can choose to refrain from accepting the religion established by a majority. n “Moment of silence” for prayer violates this freedom

Engel v Vitale (1962) n New York City Schools permitted prayer at the beginning of school, which was drafted by school officials. Students were given option if they wanted to participate. Peer pressure made many students participate. n Question: Did NY schools’ prayer violate the establishment clause?

Engel v Vitale (1962) n Yes, it did violate the 1 st Amendment n SCOTUS claims the school put “indirect coercive pressure upon religion minorities to conform to the officially approved religion”

Church of the Lukumi Bablu Aye v. City of Hialeah, FL (1993) n The Santeria religion uses animal sacrifice. Usually the animal was eaten, except during healing or death ceremonies n The city of Hialeah adopted laws preventing religious sacrifice of animals after finding out that a new church would open in Hialeah. n Question: Did Hialeah violate the church’s 1 st Amendment right to animal sacrifice as part of its religion?

Church of the Lukumi Bablu Aye v. City of Hialeah, FL (1993) n Yes, the city did violate the 1 st Amendment n The city’s new laws were applied exclusively towards this Church. n You cannot create laws that hurt a specific religious group. This goes against the Free Exercise Clause.

Freedom of Assembly

Nationalist Socialist Party v. Skokie, Illinois (1977) n NSP Nazi’s wanted to march in Skokie, Illinois. Nearly half of the population were Jewish (17% were survivors of the Holocaust). The city refused to grant permission, and banned the rally from wearing swastikas/uniforms. n Question: Can a city deny a rally where people promote racist viewpoints?

Nationalist Socialist Party v. Skokie, Illinois (1977) n No, you cannot deny a rally where people promote racist viewpoints. n However, you can deny a rally if people promote violence/intimidation.

Freedom of Petition

Mc. Donald v. Smith (1985) n David Smith was being considered for US Attorney. Robert Mc. Donald knowingly wrote a letter to President Reagan containing lies about Smith. n Question: Is Mc. Donald immune from libel (printed lies) since he was petitioning the government?

Mc. Donald v. Smith (1985) n No, Mc. Donald is not immune from libel

Freedom of the Press

Hazelwood School D. v Kuhlmeier (1988) n Cathy Kuhlmeier was part of a school- sponsored newspaper at Hazelwood High. n The principal removed two articles he considered to be inappropriate about teen pregnancy and divorce n Question: Did the principal violate the students’ 1 st Amendment right by preventing their publication of these articles?

Hazelwood School D. v Kuhlmeier (1988) n No, the principal did not violate the 1 st Amendment right of the students n The newspaper was school-sponsored n The school has a right to refuse to sponsor speech “inconsistent with the shared values of a civilized social order”

New York Times v United States (1971) n The Nixon Admin tried to prevent the New York Times from publishing classified material from the Defense Department regarding the Vietnam War n Nixon argued that prior restraint is necessary to protect national security n Question: Did the government violate the 1 st Amendment by preventing publication of the material they deemed classified?

New York Times v United States (1971) n Yes, the government violated the 1 st Amendment of the New York Times n The publication of these materials would not put the country or American forces in any danger n Prior restraint was unjustified in this case

Freedom of Speech n Congress shall make no laws…abridging the freedom of speech

Tinker v. Des Moines (1969) n The Tinker siblings wore black armbands to school to protest the Vietnam War n The principal banned armbands fearing that it would cause disturbance n The students refused and were suspended n Question: Is prohibiting the armbands in public school, as a form of symbolic protest, violate the 1 st Amendment freedom of speech?

Tinker v. Des Moines (1969) n Yes, it violated 1 st Amendment n Wearing armbands is symbolic speech n The school failed to show the armbands would have been a disturbance to learning

Bethel School District v Fraser (1986) n Matthew Fraser made a speech at a high school assembly using graphic sexual metaphors to help nominate his friend n The school suspended him for using profane/obscene language n Question: Does the 1 st Amendment prevent a school district from disciplining a high school student for giving a lewd speech at an assembly?

Bethel School District v Fraser (1986) n No, the school did not violate the 1 st amendment n Schools can prohibit vulgar/offensive language n Such language must be with “the fundamental values of public school education”

Morse v Frederick (2006) n Joseph Frederick held up a banner saying “Bong Hits 4 Jesus” at a school event (Olympic Torch Relay of 2002), but was on the opposite side of the street after school. n He was suspended for promoting drugs n Question: Can a public school prohibit students from displaying messages promoting illegal drugs at a schoolsupervised event?

Morse v Frederick (2006) n Yes, schools can prohibit inappropriate messages at school sponsored events n The school did not violate the 1 st Amendment n Schools are allowed to follow through when trying to promote school missions of anti-drug usage