POL 111 Lecture Notes - Lecture 9: Miranda Warning, Terri Schiavo Case, Exclusionary Rule
Document Summary
Rights conflicting in two ways: individual rights conflict. School prayer: individual rights vs. the good of society. Solving conflicts about rights: the courts, congress, the president, the people. Eventually used as a compromise to help ratify the constitution. First amendment gitlow vs new york; selective incorporation. The establishment clause: first amendment guarantee that the gov"t will not create and support an official state. Separationists vs. accommodationists: supporters of separation between church and state, church and state should accommodate each other. The free exercise clause: first amendment guarantee that citizens may freely engage in the religious activities of their choice. Must have a compelling state interest to limit religious freedom. Symbolic speech (ex burning the us flag) Prior restraint- to prevent the gov"t from censoring ideas that are carried out by the mass media: libel- defaming someone"s name. intentional malicious intent to ruin someone else"s reputation. Not the gov"ts business to regulate gun use.
