After reading this chapter, you should be able to do the following:
- Explain the purpose of the Bill of Rights and the process by which its provisions came to be “incorporated.”
- Define prior restraint and examine the various free speech tests devised by the Supreme Court to distinguish between actions that are constitutionally protected and those that are not.
- Explore the debate over what constitutes an establishment of religion and where to draw the line between constitutionally protected free exercise of religion and unprotected conduct.
- Discuss the arguments for and against the constitutional right of privacy and recognize the types of issues to which it applies.
- Understand the concept of procedural due process and other rights of criminal defendants and explain how the process of incorporation has affected those rights.