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Wall of Separation
declared that the legislature
should "make no law respecting an
establishment of religion, or
prohibiting the free exercise thereof,"
thus building a wall of separation
between Church & State.

Freedom of Religion
MORE THAN 90 Percent of Americans
identify with a religion.
Establishment Clause States that
Congress shall make no law
respecting an establishment of
Free Exercise Clause Prohibits
government from unduly interfering
with the free exercise of religion

Freedom of
Establishment Clause
Everson v. Board of Education
Religious school bus fair

Engel v. Vitale

Almighty God, we acknowledge our dependence upon Thee

Free Exercise Clause

Reynolds v. United States
Minersville School District v. Gobitis
Subvert Good Order

Do I salute?

Freedom of Speech
Pure Speech: The verbal expression
of thought and opinion before an
Symbolic Speech: Uses actions and
symbol, in addition to or instead of
words, to express opinions

Freedom of Speech
Symbolic Speech
United States v. OBrien
Tinker v. Des Moines School District
Texas v. Johnson

Clear and Present Danger Rule

Schenck v. United States
Resist the Draft!

Defamatory Speech
Slander and Libel

Student Speech
Bethel School District v. Fraser

Freedom of the Press

Prior Restraint
Near v. Minnesota
New York Times Co. v. United States
Must be allowed to publish

Pentagon Papers

Sheppard v. Maxwell

restrictions of the press

Freedom to Assemble
The Nazis in Skokie
American Nazi Party in Skokie Illinois
Largely Jewish Community
Forced the American Nazi Party to pay
$300,000 bond to get a parade permit.

Federal Appeals Court rules that no

community could use parade permits to
interfere with free speech and assembly.

Freedom to Assemble
Does the Constitution require the police
to protect unpopular groups when their
demonstrations incite violence?
May the police order demonstrators to
disperse in the interest of public peace
and safety?
Cox v Louisiana
Potentially incite Violence

- Bradenburg v Ohio

- Upholds right to protest for unpopular groups

Rights of the Accused

Exclusionary rule: any illegally
obtained evidence cannot be used in
federal court.
Should criminals go free simply because
the police made a mistake in collecting

Exclusionary Rule
United States v Leon
As long as the police act in good faith when
they request a warrant, the evidence they
collect may be used in court even if the
warrant is defective

States that evidence obtained in violation of
a defendants rights can be used at trial

Pg 400 California v Acevedo

Exclusionary Rule
Does it apply to you at school?

Exclusionary Rule
New Jersey v. T.L.O
Supreme Court ruled that school officials do
not need warrants or probable cause to search
students or their property. All that is needed
are reasonable grounds to believe a search will
uncover evidence that a student has broken
school rules.

Vernonia School District 47J. V. Action

Upheld mandatory suspicionless drug tests for
all students participating in interscholastic

14 Amendment

Defines citizenship as a person born

or naturalized in the United States
and includes citizenship to not only
country but state of residence.
Also lays the groundwork for
nationalizing individual rights.

14 Amendment

No State shall make or enforce

any law which shall abridge the
privileges or immunities of
citizens of the United States nor
shall any State deprive any
person of life, liberty, or
property without due process of
Liberty has developed to
include all rights of the 1st

Dred Scott v. Sandford and the 14 th

Dred Scott was an enslaved African
American in Missouri, a slave holding
state. Mr. Scott had also lived in
Illinois a free state and the
Wisconsin territory, where the
Northwest Ordinance forbad slavery.
Court ruled that Scott could not bring
a legal suit in a federal court.
14th Amendment overruled Dred

The legal process by which a person is granted the
rights and privileges of a citizen.
1) Applicants must have entered the United States legally
2) They must be of good moral character
3) They must declare their support of the principles of
American government
4) They must prove they can read, write, and speak English
5) They must show some basic knowledge of American
history and government.
(Draft evaders, military deserters, polygamists, anarchists,
Communists, or followers of any other totalitarian system will be
denied citizenship)