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Understanding the Federal and State Court Systems, Civil and Criminal Cases, Supreme Court, and Freedom of Speech

Explore the differences between federal and state court systems, criminal and civil cases, the structure and decisions of the Supreme Court, and the relationship between freedom of speech and the media in the United States.

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Understanding the Federal and State Court Systems, Civil and Criminal Cases, Supreme Court, and Freedom of Speech

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  1. OBJECTIVES: • COMPARE and CONTRAST federal and state court systems • LIST and EXPLAIN the differences between criminal and civil cases • DESCRIBE the basic structure of the Supreme Court • SUMMARIZE Supreme Court decisions • WRITE a legal brief from a Supreme Court case

  2. April 28 • Review • Moot Court • Notes/discussion over religion and freedom of speech • Article • Chapter 20 Vocabulary

  3. In deciding cases involving laws against sedition, the Supreme Court has developed the ___________ rule. • Laws against seditious speech have been upheld by the Courts if they urge people to _____________________. • The __________ sets up the separation between church and state.

  4. US GOVERNMENT The Judicial Branch Notes First Amendment Freedoms

  5. The Media • Argue that they must have the right to refuse to testify in court. This is intended to protect sources and assure confidentiality. • State and Federal courts have rejected the media argument. • Thirty states have passed Shield Laws.

  6. Branzburg v. Hayes, 1972– Reporters must respond to relevant questions in a grand jury investigation or criminal trial. • Any special exemptions must come from Congress and the State Legislatures.

  7. Freedom of Assembly • The 1st and 14th Amendments protect the right of people to peacefully assemble. • It does not give people the right to incite violence, block a public street, close a school, endanger life, property, or public order.

  8. Government can make and enforce reasonable rules covering time, place, and manner of assemblies. • Government’s rules must be content neutral, they cannot regulate assemblies on the basis of what might be said there. • The Courts have upheld laws that require advance notice and permits for demonstration in public places.

  9. Gregory v. Chicago, 1969 • What was the decision of the Court?

  10. The rights of assembly and petition do not give people a right to trespass on private property, even if they wish to express political views.

  11. Freedom of Association • Freedom of assembly and petition also include the right of association with others to promote political, economic, and other social changes. • Example: A State cannot force an organization to accept members when their action would contradict what the organization professes to believe.

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