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Question | Answer |
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protection under the first Amendment | Freedom of Expression The First Amendment The Right to Free Speech is Not Absolute Early Restrictions on Expression Seditious speech Clear and present danger test The bad tendency rule The imminent lawless action test |
Limited Protection for Commercial Speech | Commercial Speech is protected Protection is not as full as regular speech |
Unprotected Speech | No person has the right to libel or slander another Obscene speech is not protected |
The Supreme Court’s Definition of Obscenity—three-part test: | Prurient interest The work depicts in an obviously offensive way, a form of sexual conduct specifically prohibited by an antiobscentiy law The work taken as a whole lacks serious literary, artistic, political or scientific value |
Obscenity in Cyberspace | Failed attempts to regulate online obscenity Communications Decency Act Child Online Protection Act Children’s Internet Protection Act |
Free Speech for Students? | Elementary and high schools Wide latitude overall; some restraints at the high school level University speech codes Does free speech include the right to make hateful remarks about others based on their race, gender, or sexual orientation? Cyberbullyi |
Freedom of the Press | |
The Preferred-Position Doctrine | Certain freedoms are so essential to democracy they hold a preferred position |
Prior Restraint | Stopping an activity before it happens Censorship |
The Right to Privacy | |
Griswold v. Connecticut | Right to privacy is implied by other constitutional rights Nature and scope of this right are unclear |
Congressional Actions | Freedom of Information Act Driver’s Privacy Protection Act |
The Abortion Controversy | Abortion and Privacy Roe v. Wade Women have the right to have an abortion This right is not absolute throughout pregnancy Decision has never been overturned Partial Birth Abortion Ban Act |
Do We Have the “Right to Die”? | Does the liberty protected by the Constitution include a right to commit suicide, which itself includes a right to assistance in doing so? Court upheld states’ rights to ban such a practice Court did not hold that state laws permitting assisted suicide |
Personal Privacy and National Security The USA patriot Act | Government can access personal information on American citizens to a high extent |
The Civil Liberties Debate | Should liberties be abandoned for public safety? |
The Rights of the Accused | |
The Rights of Criminal Defendants | Protection from unreasonable searches and seizures Warrants can’t be issued without probable cause Due process of law Prohibition against double jeopardy Protection against self incrimination Right to a speedy trial and counsel Prohibition against c |
The Exclusionary Rule | Evidence in violation of the Fourth Amendment is not admissible at trial Evidence must be gathered properly |
The Miranda Warnings | Evidence in violation of the Fourth Amendment is not admissible at trial Evidence must be gathered properly |
Miranda v. Arizona | Enunciated the Miranda warnings |
Erosion of Miranda | Miranda may eventually become obsolete Digitally recorded interrogations and confessions |