Amendment What is an Amendment? A change to the Constitution. Can be done through: 1. 2/3 a vote by both House and Senate 2. Calling a National Convention 3. BOTH require ¾ of the states to pass.

First Amendment Religion Assembly Petition Press Speech

Engel v. Vitale (1962) Removed prayer from public schools. EXTENDS the rights of students “free exercise”: the right to practice religion of choice or to choose not to practice at all. Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen

Freedom of the Press To express through print (mass media) Libel: written statements that hurt the character (reputation) of someone Censorship: government regulation of media content Prior censorship: a government's action that prevents material from being published

Hazelwood v. Kuhlmeier (1988) School administration may censor publications such as newspapers or yearbooks LIMITS the rights of students

Limits on the Freedom of Speech 1. Speech may not harm others (intimidation, bullying, etc.) 2. Slander: lies that harm another’s reputation 3. Treason: giving secrets (military, government, etc.) to the enemy

Tinker v. Des Moines (1969) Students wore black armbands to school in protest of the Vietnam War Students are entitled to symbolic speech at school as long as there are no disruptions. EXTENDS students rights

Bethel v. Fraser (1986) School officials may discipline students for lewd or indecent speech at school events LIMITS students rights to the freedom of speech

Texas v Johnson (1989) Johnson burned the American flag outside the 1984 Republican Convention; was arrested Court ruled you may burn your own flag as a “freedom of expression” or symbolic speech EXTENDS citizens rights

2 nd Amendment Right to bear arms Right to form a militia Gun control: government regulation of firearms NRA: National Rifle Association Lobbies on behalf of gun owners to protect their second amendment rights

3 rd Amendment No Quartering of soldiers during peacetime

4 th Amendment No unreasonable searches and seizures Search warrant: document that allows for the search that is issued by a judge/magistrate Must have “probable cause” to obtain warrant Valid for 48 hours in NC

Mapp v. Ohio (1961) Bans unreasonable searches and seizures Established the idea of the “exclusionary rule” an implied protection in the 4 th amendment. Extends the rights of citizens

Exclusionary Rule Any evidence obtained without a warrant is excluded in court. “Plain Sight” rule: if evidence is in plain sight it can be used in a court of law Trash…once you throw it out it is public domain

New Jersey v. T.L.O Schools may search students and/or property based on “reasonable suspicion” NO WARRANT NEEDED! Limits your constitutional rights at school

5 th Amendment Contains the “Rights of the Accused” If accused, you are innocent until proven guilty. The “burden of proof” is the responsibility of the prosecution Self- Incrimination Indictment Due Process Eminent Domain Double Jeopardy

Miranda v Arizona (1966) Reading of one’s rights before they are formally charged with a crime. Rights are found within the fifth and sixth amendments

6 th Amendment Contains the “rights of the accused” It is NOT the accused or the defendants lawyer’s job to prove them innocent Speedy, public trial with a jury Informed of charges Confront witnesses (cross examine) Lawyer

Gideon v Wainwright (1962) Guarantees one an attorney in a criminal case

7 th Amendment May have a jury trial (petit jury) in a civil case if the amount in question is over $20.00 Civil Case: Disputes between people Divorce Negligence Breach of Contract Law Suits

8 th Amendment Prohibits excessive bail and fines Forbids cruel and unusual punishment

Furman v Georgia (1972) Raised the question of racial imbalances in the use of the death penalty by state courts Banned the death penalty for four years

Gregg v Georgia (1976) Allowed states to resume use of death penalty if states rewrote death penalty laws Capital Punishment is legal in 35 states

9 th Amendment States the rights listed are not the only rights of the people “Unwritten Rights” Right to Privacy

10 th Amendment Powers not given to the national government belong to the states/people RESERVED POWERS