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The Courts

The Courts. 10/17/2011. Clearly Communicated Learning Objectives in Written Form. Upon completion of this course, students will be able to: identify and explain the role of formal (judicial) institutions and their effect on policy.

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The Courts

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  1. The Courts 10/17/2011

  2. Clearly Communicated Learning Objectives in Written Form • Upon completion of this course, students will be able to: • identify and explain the role of formal (judicial) institutions and their effect on policy. • students will be able to understand and interpret the United States Constitution and apply it to present policy dilemmas.

  3. Office Hours and Readings • Chapter 11 on the Courts, read sections of chapter 12 on the First Amendment • Office Hours • Tuesday 8-10 • Wednesday 8-10:30

  4. The Real Power of the Courts Judicial Review

  5. Marbury vs. Madison • Midnight Judges in 1800 • A New System of Checks and Balances • Overturned by impeachment and amendment

  6. Today’s Court Left Right Scalia (Reagan) Thomas (Bush) Roberts (GW Bush) Alito (GW Bush • Bader-Ginsburg (Clinton) • Breyer (Clinton) • Sotomayor (Obama) • Kagan (Obama)

  7. Applying the Bill of Rights • Barron v. Baltimore 1883 • Too Bad, the Bill of Rights only applies to actions of the Federal Government

  8. Selective Incorporation • Application of the 14th Amendment • Piecemeal application of the Bill of Rights • Gitlow vs. New York changes this

  9. Selective Incorporation

  10. Limits on the Court’s Power • Amendment • Impeachment • Judges reverse themselves • Wait them Out

  11. Protections from Government Freedom of Speech and Press

  12. Freedom of Religion: Free Exercise • Enables you to believe what you want • Churches are tax-exempt • Limits on Practice

  13. Freedom of Religion: Establishment • No national religion • No specific mention of separation of church and state

  14. The Lemon Test • Lemon V. Kurtzman • must have a legitimate secular purpose • must not have the primary effect of either advancing or inhibiting religion; • not result in an "excessive entanglement" of the government and religion.

  15. School Vouchers and the Lemon Battle Supporters Opponents 80% of private schools are religiously affiliated Welfare for the rich Vouchers violate the establishment clause • Provides students a better opportunity • Defray the cost of education for poor/middle class families • Increases competition in the education marketplace

  16. Prayer in School • Not Since 1962 • What you can’t do • What you can

  17. Free Speech and Press • The First Amendment is Fully incorporated • Very high levels of speech and press • There are some restrictions

  18. Clear And Present Danger • Sets the framework for free speech • Fighting Words • Threats

  19. What is Protected?

  20. Hate Speech • Actually, it is free speech • Cannot incite immediate violence

  21. Subversive Speech • Protected under Brandenburg v. Ohio • It cannot call for imminent violence • Threats are taken seriously

  22. Literature • Banned books are pure hype • There are no federally banned books in the United States • Books are challenged at the local level and can be removed from libraries

  23. What is not Protected

  24. Neither is protected

  25. Obscenity • No socially redeeming value • “I Know it when I see it” • Regulated by community standards

  26. Community Standards

  27. What We See and Hear • FCC Regulates Content • TV and Radio have strict guidelines • Pay TV and Print are less restrictive • Internet has few restrictions

  28. Prior Restraint • Pre-publication censorship • Troopship information • National Security

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