chapter 4

• establishment clause
• separation of church and state
• separationiest view
• accomodationist view
• prevent national religion
• engel v vitale
• lemon v kurtzman

• concerns the connection between government and religion
• freedom FROM religion

government must avoid contacts with religion and those that lead to gov support or endorsment of religious activities

permit the gov to provide support for religion and associated activities

court found a violation of establishment clause in the common public school practice of beginning each day with a teacher lead prayer

judges follow the lemon test.

• does the law have a nonreligous purpose
• does the primary intent of the law advance or inhibit religion
• does law create an excessive entanglement of government religion

• free exercise clase
• minersvelle v gobitis
• west virginia v barnette
• strict scruitiny
• gonzales v do vegital...
• gov must show specific harm

• peoples ability to practice their own religion with gov interference
• Freedom of religion

public school punish jehovahs witness students for refusing to salute the flag and recite the pledge of alligence

cant force citizens to confess by word or act their fairth there in

burden on the gov to demonstrate the necesity of a specific law in order to outweigh an individuals desire to engage in a religous practice

• gov didnt have justification to prevent practices of ingesting tea containing hallucinogenic substances
• gov needed to show specific significant harm caused by the tea in order to override the free exersice right

• permit prosecution only for speeches and publications that posed tangible threat to american society
• ex: shouting fire in a theater causi ng panic

danger must be an IMMEDIATE danger to american society

bad, the goverments attempt to prevent certain info or viewponts from being published.

false harmful statements that are spoken or written

• so call pentagon papers were given to newpapers because public needed to know more about the vietnam war
• supreme court majority declared it ok

• community standards
• objective

• 4th amendment
• stop unreasonable search and seizure
• warents
• exclusionary rule
• map v ohio
• police obtain warent
• warentless searches

protects the people against improper searches and seizures

evidence obtained improperly by the police cant be used to prosecute someone accused of a crime

• applied it to all police officers throughout the country not just fbi
• police need to obtain a warent from a judge by showing probible cause

• are permided in a "stop and frisk and exigent circumstances
• automobile search and airport searches

• double jeopardy
• compelled self incrimination
• miranda v arizona
• speedy and public trial
• trial by jury
• bench trials
• plea bargaining
• 8th amendment
• furman v georgia

protection against being tried twice for the same crime

no person may be compelled in any criminal case to be a witness against himself

must read the miranda rights to people in custody

gov cant hold secret proceedings to prevent citizens from knowing whether evidence exists to prove ones guilt

applied to federal cases and state proceedings

90% negotiate a guilty plea in exchange for a less severe sentence

prohibits cruel and unusual punishment

death penalty was ruled unconstitutional

• privacy not found in constitution
• giswold v connecticut
• zone of privacy
• roe v wade
• planned parenthood v casey

right to privacy exists in the 1st 3rd 4th and 5th amendments

created by several fundamental constitutional gaurentees

• womans right to make choices about abortion
• zone of privacy found under 14 and 9 amendment

• mandated 24 hour waiting period before a women could proceed with an abortion
• minors must obtain parental consent
• married women notify their spouces