Constitution Debated

Freedom of Speech -Congress shall make no law…abridging the freedom of speech -Regardless of content (usually) -Freedom of expression Covers actions and clothing -Limitations -Slander-- Legal term for publicly telling a false and damaging statement about someone You cannot tell lies about people and get away with it -Clear and Present Danger-- Idea that one’s speech is not free if that speech could endanger the lives of people around them Schenck vs. United States

Freedom of Religion -Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof Must allow every person to believe and practice their own religions without harm or punishment -Establishment Clause-- Statement in the 1st Amendment that forbids the gov’t from proclaiming an official religion No official religion in the U.S. -Separation of Church and State-- Famous phrase from a letter by Thomas Jefferson that discusses his belief in the role between the government and religion The government cannot be based on religious ideas (freedom of religion) -Faith Based Social Welfare Programs

Freedom of the Press -Congress shall make no law…abridging the freedom… of the press All news is free to publish whatever they want, as long as it is truth -Limitations -Libel-- Legal term for the false and damaging printing of a statement about a person Cannot print/publish lies about someone -National Security The press cannot print information that is threatening to our safety -Juveniles The press cannot print names or pictures of juveniles without parental consent

Freedom to Assemble -Congress shall make no law…abridging the right of the people peaceably to assemble People are allowed to gather in groups for whatever lawful purpose -must be peaceful Cannot incite a riot or attack people violently, must be lawful -permits may be required Might have to get permission first

Freedom to Petition -Congress shall make no law…abridging the right of the people … to petition the government for a redress of grievances Citizens have a right to write to Congress and ask them for anything -government is not required to respond or take action -simply a request

Right to Bear Arms -A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. People can own and use weapons Highly debated -gun control laws? Should there be tougher rules and requirements for getting and keeping a weapon? -automatic weapons ban? Should automatic weapons be taken off the markets? -firearm registrations? Should all guns be registered with the state and national government?

4th Amendment -The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… Right to privacy in your home -probable cause Government must have a good reason to search your personal property -search warrants -”Patriot Act” Search records for suspected terrorism -modern technology’s ability “big brother” Ability of the federal government to look into your records and home without your knowledge -abortion issues Right to privacy?

Cruel and Unusual Punishment -8th Amendment -…nor cruel and unusual punishment inflicted -legality of the death penalty Some consider it cruel and unusual punishment Should it still be used? Reformed? -juveniles and death penalty

Equal Protection of the Law & Due Process -14th Amendment -nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person… the equal protection of the laws. -disabled persons rights Americans with Disabilities Act -illegal aliens Should they be given the same rights as all other people?