American Government - Unit 6

Made it a crime to write, utter, publish "false, scandalous, and malicious writing" w/ intention of defaming pres., Congress, or govt. (bc of French Rev.)

Made it a crime to utter false statements that would interfere w/ Am. military, to send by mail advocating treason, or to write/utter disloyal, profane, abusive language to incite resistance to US or to curtail war prod. (bc of WWI)

"nor shall any State deprive any person of life, liberty, or property, without due process law; not deny to any person w/in its juris. the equal protection of the laws."

Basic freedoms: religion, press, religion, protected by 1st Amend.

Protections against discriminatory treatment, protected by 5th Amendment (from Natl. Govt) and 14th Amend. (from state govt. on a selective incorporation basis)

Constitution, court decisions, State Constitutions, Bill of Rights, legislation

A question the Court asks itself to determine how to balance individual rights and needs to society's needs and orders; new standard: burden of proof on YOU (ex: must prove act is part of religion)

Est. and confirmed that Bill of Rights equals Natl. govt. protection

First to nationalize freedom of speech

PALKO TEST: when Court decides which rights states should hold. State must hold right if it is so important as that liberty would not exist w/o it.

(right of privacy - struck down state law that made it a crim to provide contraceptive info to married couples); precendent of Roe v. Wade, 1973

Right to privacy - woman's right to an abortion in first trimester of pregnancy

Declared unconstitutional a Texas law that prohibited sexual acts btw same sex couples

A written statement that defames character of another person; must show libelous statement was false and published with "actual malice."

Not protected by 1st Am., can be regulated by State, judged by "serious lit., artistic, political, or scientific value", localities can decide whether or not to tolerate porn.