Thursday 12/11/08 Third period

Sorry it's a little late:

C. The Supreme Court has recognized that prior restraint of the press may be necessary, but it has not specified under what circumstances restraint is appropriate. Generally, we follow a policy of no prio restraint.
D. The Courts have consistently held that freedom of the press does not override the requirements of law enforement.
5) The right to petition and to asemble peaceably have merged with the guarantees of freedom of the press and speech.

The Second Amendment - which acknowledges "the right of the people to keep and bear arms" - has been the focus of heated conmtroversy in recent years.
1) though restrictions on gun ownership have passed constitutional muster, prohibitions on gun ownership may infringe on the Second Amendment
2) Gun control advocates argue that the right to bear arms should apply only to state milities, not to individuals.

Because of the adoption of the Fourtenth Amendment, most of the individual protections found in the Bill of Rights now apply to the states (the incorporate doctrine). This incorporation took place over time and several court cases so we refer to "Selective incorporarion"
1) Even before its amendment, the Constitution set some limits on both the national and the state governments with regard to citizens' rights
A. Bill of attainder - laws that make an individual guilty of a crime without a trial - were barred
B. Ex post facto laws, which declared an action a crime after it had been performed, were not permitted.
C. Both the nation and the states were aksi barred from impairing the obligation of contrcts.
2) The Supreme Court's interpretation of the due process clause in the Fourteenth Amendment has allowed individuals to contest state violations of their liberties.
3) The Supreme Court has ruled, however, that extension of the Bill of Rights guarantees to the states via the due process clause applies onlt to "fundamental" rights.
A. In Palko v. Connecticut (1937), the Court determined that double jeopardy and trial by jury were not fundamental rights to protected by the states
B. In the thirty years after the Palko decision, the Court found that most of the guarantees found in the Bill of Rights were indeed fundamental.
4)The application of constitutional procedural safeguards in criminal proceedings to the system in the last thirty years.
A. Procedural safeguards have been applied to the states through a two-step process:
1) The judiciary decides whether the guarantee in question is applicable to the states
2) The judiciary gives specific meaning to the guarantee
B. The Supreme Court has recognized that there are a variety of ways to prosecute the accused while heeding their fundamental rights.
1) The right to a jury trial was made obligatory for the states, but nothing regulates jury size or whether jmudgements should be unanimous.
2) In Gideon vs. Wainwright (1963), the Supreme Court determined that the defendants in criminal proceedings were entiteld to a lawyer.
3) In Miranda vs. Arizona (1966), the Supreme Court instituted the Miranda warnings to ensure protection against self-incrimination.
4) In Mapp vs. Ohio (1961),the Supreme Court determined that the exclusionary rule - which protects individuals from unreasonable searches and seizures - applioed to all levels of government.
5) In United States vs. Leon (1984), the Supreme Court created a "good faith exception" to the exclusionary rule. The permitted evidence obtasined from a mistakenly issued search warrant to be presented in court.

The Ninth Amendment, which protects right not specifically enumerated in the Constitution, has been used by the Supreme Court to define the limits of government encroachment on personal autonomy.