Bills of attainder Prohibits a person being found guilty of a crime w/o a trial “The Court changed its “bill of attainder test” in 1946. In United States v. Lovett, 328 U.S. 303 (1946), the Court confronted a federal law which named three people as subversive and excluded them from federal employment. Previously, the Court had held that lack of judicial trial and the narrow way in which the law rationally achieved its goals were the only tests. But the Lovett Court said that a bill of attainder 1) specifically identified the people to be punished; 2) imposed punishment; and 3) Did so without benefit of judicial trial. All three new prongs of the bill of attainder test were met in Lovett, and the court held that a congressional statute which bars particular individuals from government employment qualifies as punishment prohibited by the bill of attainder clause.”
Ex post facto laws Laws applied to acts committed before passage of the laws are unconstitutional A women is driving 50 mph. She is pulled over and she is going the speed limit. Congresses passes a law and the new speed limit is 40mph. She is pulled over and she was going 40mph. But the officer remembers that yesterday she was going 50 mph so he tries to give her a ticket for that.
Libel False written statements “New York Times Co. v. Sullivan (1964). The U.S. Supreme Court overruled a State court in Alabama that had found The New York Times guilty of libel for printing an advertisement that criticized Alabama officials for mistreating student civil rights activists. Even though some of what The Times printed was false, the Court ruled in its favor, saying that libel of a public official requires proof of Actual Malice, which was defined as a “knowing or reckless disregard for the truth”.”
Obscenity Any statement or act which strongly offends the prevalent morality of the time
Preferred position doctrine States that freedom of the press, freedom of speech, and freedom of religion, should be given more importance in the event that they clash with other fundamental rights.
Prior restraint Censorship of information before it is published or broadcast (unconstitutional in most cases)
Due Process Guarantees individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary gov’t action
Establishment Clause -This affects and prevents schools from having prayer in the morning and having personal classroom discussions about religion in hopes to minimize all offensive behavior
Writ of Haneas Corpus when a judicial mandate is given to a prison official ordering an inmate can be brought to court to see if they were wrongfully convicted
Selective Incorperation while states would have their own laws protecting free speech, for example, you couldn’t sue the state for suppressing speech under the 1st Amendment of the Federal Constitution, you’d have to sue under the state constitution. The federal Constitution and Bill of Rights only prevented the federal government from acting in certain ways.
fighting words an example of this is when one mad threatens to shoot, stab or punch another.
commercial speech- a good example of this the ford commercial that states all of the facts about the ford focus, they are strictly to tell facts about the car to entice the consumer. they are prevented from false advertisement, so they stick to the actual statistics
sedition a classic example of this is the America revolution. America built a militia to fight the armies of Great Britain and took the country by force
Non-protected Speech- these are exceptions to the rights of some people so that the constitution is not manipulated. an advertisement company can not use what the constitution says to make money wrongfully
clear and present danger test . In 1917, Congress passed the Federal Espionage Act. This law prohibited all false statements intending to interfere with the military forces of the country or to promote the success of its enemies. In addition, penalties of up to $10,000 and/or 20 years in prison were established for anyone attempting to obstruct the recruitment of men into the military.