1. POL 205
Spring 2020

6. The Social Contract
“Consent of
the Governed”
Locke

9. “Congress shall make no law…abridging the Freedom of Speech”

10.  Allows for an informed citizenry
 Provides against influence of government
 Provides a voice for the minority
 Preserves existence of truth in society

11.  Speech Criticizing the Government
 “Fighting Words” and Offensive Speech
 Symbolic Speech
 Sexually Explicit Speech
 Campaign Finance: Money as Speech?

13. DEFINITION OF SEDITION
 Speech criticizing the government
for the purpose of inciting rebellion
ALIEN AND SEDITION ACTS
(1798)

14.  Federal Espionage Act (1917j)
 Prohibited statements interfering with military goals or
promoting success of enemies abroad.
 Two Main Goals:
 Limit anti-war ideas
 Limit supporters of radical governmental change

15. CHARLES SCHENCK JUSTICE OLIVER
WENDELL HOLMES

23.  First Amendment does NOT automatically
protect against obscene speech
 Supreme Court and InformalTests
 MillerTest (“SLAPSTest”)
 Does work offensively depict or describe sexual acts?
 Does work lack serious literary, artistic, political, or
scientific” value

26. “Congress shall make no law…abridging the freedom…of the press”

27.  Restrictions on press before publication
 Dangerous form of censorship
 Limits “marketplace of ideas”

29.  Libel is publishing of false and damaging
statements about another person
 Supreme Court says person must show:
 Statements were false or damaging
 Publisher must have acted maliciously

30. “Congress shall make no laws respecting an establishment of religion,
or prohibiting the free exercise thereof”

31.  Federal government may not pass laws
providing for “an establishment” of religion

32. THOMAS JEFFERSON JAMES MADISON

33. SEPARATIONISTS
 Clear division between
church and state
ACCOMODATIONISTS
 State should NOT be
separate from religion
 Accommodate religion,
without showing preference
for one religion

34. LEMONV. KURTZMAN (1973)
 Established LemonTest to judge if laws relating to
religious activity are constitutional:
 Secular (nonreligious) purpose
 Neither advance nor inhibit religion
 Avoid excessive entanglement between church
and state

35.  Individuals may freely practice religion
without interference from government

38.  Probable Cause
 Warrant
 Exclusionary Rule
 Does search violate Fourth Amendment?
 Evidence resulting from search cannot be used
 Exceptions: “Good Faith,” “PlainView”

40. In all criminal prosecutions, the accused shall…
have the Assistance of Counsel for his defence”

49. Terri Schiavo
Cruzan v. Missouri
Department of Health
(1983)