Ch 4 – Bill of Rights

What is a Bill of Rights? What is a bill? Government. a form or draft of a proposed statute presented to a legislature, but not yet enacted or passed and made law. What are rights? Sometimes, rights. that which is due to anyone by just claim, legal guarantees, moral principles, etc.: women's rights; freedom of speech is a right of all Americans.rights. freedom

I. First Amendment a. Founders believed in protecting individual rights. b. Individual rights included safety and well-being of citizens. c. Constitution may not have been ratified without the Bill of Rights. d. Limits the power the gov’t has over the people. e. Civil Liberties – the freedoms we have to think and act without gov’t interference or fear of unfair treatment.

f. 1 st Amendment protects our 5 great freedoms. 1. Religion 2. Speech 3. Press 4. Assembly 5. Petition the gov’t

A. Freedom of Religion 1. No official religion in the USA a. Known as the establishment clause b. 1802, Jefferson referred to it as a “wall of separation between church and state.” 2. Americans may practice their faith as they wish. a. Gov’t may not favor one religion

B. Freedom of Speech 1. We can speak our minds in public or private without fear of punishment by the gov’t. 2. “Speech” as interpreted by the Supreme Court can mean; Internet communication, art, music, and clothing.

C. Freedom of the Press 1. Books, Newspapers, Magazines – original form 2. Radio, TV, Computer networks are included today. 3. Gov’t can not practice censorship (ban of printed material because of the content).

4. Zenger Case (1733) a. Zenger criticized Gov. (NY) and was arrested. b. Media may be regulated. 1) Can not injure a person’s character or reputation with words. 2) Supreme Court can limit the press for national security. 3) Laws prohibit printing & distribution of obscene materials.

D. Freedom of Assembly 1. Peaceful gatherings (may only make rules of where and when). a. Meetings b. Parades c. Political rallies

E. Freedom to Petition 1. A formal request for a change 2. A simple could be a request for change.

F. 1 st Amendment Limits 1. Not an absolute freedom. a. Can not provoke a riot. b. Can not lead to criminal actions. c. Can not block traffic to talk. d. Can not disturb neighbors. e. Can’t spread lies – Slander f. Printed lies are libel. Patriot Act p125 Tinker’s Case p132

Patriot Act & Tinkers Case

Patriot Act Read p125 Discuss in your group the two sides of the “right to privacy” problem in the Patriot Act. You will have to defend the assigned position in class as a group. On paper list at least 3 key points that you can build your position around. Discuss/Debate the issues in class vs the other groups.

Expository Writing Defend one of the sides of the Patriot Act. Write a well-written paragraph, minimum 5 sentences, defending or attacking the Patriot Act. You must rally your argument around 3 key points from page 125. You may send your response via Google docs.

II. The Bill of Rights A. Protecting the Rights of the Accused B. The Fourth Amendment 1. Protects from unreasonable searches and seizures. a. Law enforcement must ask a judge for a search warrant. i. Court order allowing a search for specific evidence. ii. Judges must be convinced that something showing a crime will turn up. b. Protects our rights to privacy.

C. Fifth Amendment 1. Protects the rights of those accused of crimes. 2. The accused must be indicted. a. Indicted means – formally accused by a grand jury. b. Grand Jury- group of citizens who believe a trial should be held based on the evidence against the accused. c. Indictments mean the grand jury believes the person may have committed the crime.

5 th Amendment (cont.) d. Protection from Double Jeopardy. 1. Can not be charged for the same crime twice. e. Right to remain silent – do not have to testify. 1. Protects against being forced, bullied into testifying. f. Guaranteed Due Process 1. Protection of Life, Liberty, & Property 2. Follow established legal procedures. g. Eminent Domain – the right for the government to take private property is limited and they must pay a fair price. 1. Highways.

D. Sixth Amendment – additional trial rights 1. Must be told of the exact charges against them. 2. Trial by jury of peers. a. Trial must be speedy & public b. Jurors impartial c. Must be held near the area where the crime took place.

6 th Amendment (cont) 3. They have the right to hear and question witnesses against them. 4. Call witnesses in their own defense. 5. Right to have a lawyer. a. If they can not afford a lawyer one will be provided for them. 1. Public Defender

E. Eighth Amendment 1. Guarantees bail – a sum of money which is a pledge that the accused will show up for trial. 2. Bail is forfeited if they don’t show up. 3. Bail can be denied depending on seriousness of crime and flight risk. 4. Bail must be reasonable/fair. 5. Once convicted fines must be reasonable as well. 6. Forbids cruel and unusual punishments. a. Punishment should fit the crime. b. Death Penalty??

F. Other Protections 1. 2 nd Amendment a. Right to bear Arms – own a gun 2. 3 rd Amendment a. In peacetime, no soldiers will be allowed in private homes without the consent of the owner.

Other Protections (cont) 3. 7 th Amendment a. Civil Case – involves a disagreement over property/$ b. Judges decide the case c. Started off a sum of more than $20

Other Protections (cont) 4. 9 th Amendment a. Citizens have rights beyond those listed in the Constitution and they may not be taken away th Amendment a. Protects the rights of the states – reserved powers.