Lecture Notes: U.S. Constitution and Individual Rights

Key Amendments and Rights

First Amendment: Provides freedom of speech and press.
Fourth to Eighth Amendments: Include fair trial guarantees, such as the right to an attorney and protection against double jeopardy.

Central issue: Ensuring these rights are practicable, requiring government action to enable people to enjoy their rights.
Clarence Gideon Case: Landmark case where Gideon, denied an attorney, was convicted but later acquitted with Supreme Court involvement emphasizing the right to counsel.

Initially, the Bill of Rights applied only to the national government.
14th Amendment: Key to extending these rights to state governments, stating no state shall deprive life, liberty, or property without due process.
Gitlow v. New York: Supreme Court began interpreting "life, liberty, or property," extending free speech protection to states.
Selective Incorporation: Process of applying Bill of Rights protections to states through the 14th Amendment.

Political Expression: Free speech curbed mainly during war but expanded post-1950s.
- Schenck v. United States: Introduced "clear and present danger" test.
- Imminent Lawless Action Test: Speech must incite or be likely to produce imminent lawless action to be restricted.
Fair Trial Rights:
- Miranda v. Arizona: Established the Miranda rights, including the right to remain silent and the right to an attorney.
- Limits on warrantless searches, right to an impartial jury, and protection against double jeopardy.

Fourth Amendment: Protects against unreasonable searches.
Mapp v. Ohio: Established exclusionary rule, preventing unconstitutionally obtained evidence from being used in trial.
2014 Supreme Court Case: Unlawful for police to search cell phones without a warrant, recognizing digital privacy.

Balance between public safety and individual rights.
Police cannot act on their own to issue warrants; it requires judicial approval.

Studies show racial disparities in convictions and sentencing.
George Floyd Case: Highlighted systemic issues of police violence against Black Americans.

Expansion of free expression and fair trial rights.
Selective incorporation has extended these protections to actions by state and local governments.
Next session will focus on equal rights and the ongoing challenges in fulfilling America's promise of equal justice.