Constitutional Law Lecture 3 - Individual Rights and Landmark Cases
I. Introduction: Core Principles of Individual Rights
Foundation: Individual rights, which are protected by the US Constitution, are designed to protect citizens from government overreach and uphold democratic values. The Bill of Rights and subsequent amendments and judicial interpretations embody these rights.
Dynamic and Evolving: This area of law is presented as dynamic, requiring an understanding of its historical development, the balance between liberty and governmental interests, and the precedent set by landmark Supreme Court decisions.
Key Themes: The lecture focuses on three primary areas: First Amendment Freedoms (free speech, freedom of the press, and religious freedom); Due Process and Equal Protection (the 14th Amendment, procedural and substantive due process, and equal protection under the law); and Landmark Supreme Court Cases (pivotal decisions that have shaped the interpretation and application of individual rights).
Practical Importance: Understanding these rights is deemed crucial for both bar exam success and effective legal practice, given their intersection with numerous aspects of society.
II. Part One: First Amendment Freedoms
A. Free Speech
Core Principle: The First Amendment guarantees the right to express ideas, share information, and challenge authority without undue government interference. This right is not absolute and is subject to limitations.
Protected Speech:Content-Based Regulation: Subject to strict scrutiny where the government must show a "compelling state interest" and that the regulation is "narrowly tailored" to achieve that interest. This high standard ensures that such restrictions are rare.
Categories of Protected Speech:
Political Speech: The most rigorously protected form of expression, encompassing protests, campaign endorsements, and government criticism.
Symbolic Speech: Non-verbal communication (e.g., flag burning, wearing symbolic clothing) is protected when conveying a clear message. Example: Texas v. Johnson.
Hate Speech: Remains protected unless it incites violence or constitutes a true threat.
Unprotected Speech: Certain categories of speech are unprotected due to harmful effects or lack of social value.
Obscenity: Speech that appeals to prurient interests, lacks serious artistic, literary, or scientific value, and violates community standards. Example: Miller v. California.
Fighting Words: Speech intended to provoke immediate violence or breach the peace. Example: Chaplinsky v. New Hampshire.
Incitement to Imminent Lawless Action: Speech that encourages illegal activity and poses an imminent threat. Example: Brandenburg v. Ohio.
**Brandenburg Test (1969):**The speech must be "directed at inciting or producing imminent lawless action" and "likely to incite or produce such action." This test significantly expanded free speech protection, moving focus from abstract advocacy to concrete threats.
Implications: The Brandenburg standard has influenced contemporary debates about online speech, protests, and incendiary rhetoric. It underscores the tension between free speech and the harms posed by speech.
B. Freedom of Religion
Dual Protection: The First Amendment protects religious freedom through two key provisions:
Establishment Clause: Prohibits the government from establishing an official religion or favoring one religion over another. It promotes a separation of church and state and religious neutrality.
**Lemon Test (Lemon v. Kurtzman):**The government action must have a secular purpose, its primary effect must neither advance nor inhibit religion, and it must not foster excessive government entanglement with religion.
Free Exercise Clause: Protects individuals from government actions that substantially burden their religious practices. It guarantees the right to worship or abstain from religion freely.
