The Bill of Rights and Civil Liberties How are your rights defined and protected under the Constitution?

Preview: 5.1 The Bill of Rights and Civil Liberties Unit Vocabulary: civil liberties, civil rights, incorporation, libel, slander, prior restraint, self-incrimination, and double jeopardy. Preview A high school principal has reason to suspect some students of bringing weapons onto campus. After receiving a tip from a teacher, the principal searches the lockers of three students and finds a knife and a small handgun in one student’s locker. The other two lockers turn up nothing. Open your TCI text to Chapter 5 Section 1

Do the answers now. 5 minutes Do the answers now! 5 minutes. Student Interactive Online Notebook responses for Section 1. Compare your answers with a partner.

Introduction: 5.1 Read 5.1 in your text. Think about these questions as your read: • What rights did Charles Schenk feel he had? • What rights did the government feel it had? • In this conflict between Schenk's right to protest the draft and the government's right to arrest someone they believed was compromising public safety, who did the Supreme Court side with? On what grounds? Explain the difference between civil liberties and civil rights. Give at least two examples of each. SION Section 2 #1 Video

Role of the Court today video Incorporation of Bill of Rights Gitlow vs New York Discuss the significance of the Fourteenth Amendment and of Gitlow v. New York in terms of American civil liberties and civil rights. # 2 Section video video Role of the Court today video SION Section 2 #3. What is the role of the Supreme Court today? What happens when the Court overturns a decision made by a lower court? Section 2 Incorporation of Bill of Rights video

Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. What is….? FUNDAMENTAL RIGHT: a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. INDIVIDUAL RIGHTS: a person’s justifiable claim, protected by law, to act or be treated in a certain way.

First Amendment Video Rights protected: The First Amendment guarantees the separation of church and state, establishes that people are free to follow the religious practices of their choice, allows citizens to express ideas freely, protects the media from censorship, and allows people to assemble and to petition the government about grievances. VIDEO VIDEO

Freedom of Assembly and Petition video The rights to petition and to peaceable assembly were also crucial in persuading the Supreme Court to hold that the First Amendment implicitly contains a right to expressive association, that is, a right to associate to engage in the activities protected by the First Amendment. The right of expressive association protected civil rights protesters from hostile state action in the 1950s and 1960s, and, after the Court's 2000 decision in Boy Scouts of America v. Dale, video also protects private groups that wish to promote traditional ideals and values. To a large extent, then, the rights to petition and peaceable assembly have found their modern home in the right to expressive association.

The First Amendment:  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Go to State of Bill of Rights Power point

The Second, Third and Fourth Amendments More than any other amendments in the Bill of Rights, the Second, Third, and Fourth were a response to the suppression of rights under British colonial rule. In the years leading up to the American Revolution, Britain often used its military authority to infringe on the liberties of colonists. These three amendments were designed to ensure that such abuses would not take place under the new American government. Constitution packet page 7 Rights via amendments. Note how our understanding has changed. video Constitution packet Privacy page 7 and 8 to 2nd Stop and Think, video video

Your Rights in the Legal System The next four amendments—the Fifth, Sixth, Seventh, and Eighth—concern the protection of rights in the judicial process. These amendments were designed to ensure that the justice system neither abused fundamental liberties nor punished innocent people under the pretext of preserving law and order. The Fifth Amendment also contains the Takings Clause. It says that the government may not take private property for public use “without just compensation.” Government secure private property for a public purpose, such as the construction of a road. But it must pay a fair price for the property. . Video: Due Process Video The Sixth Amendment explains how criminal trials should be conducted to protect the rights of the accused.

The Seventh Amendment guarantees trial by jury in most civil lawsuits The Seventh Amendment guarantees trial by jury in most civil lawsuits. Civil cases are those that do not involve criminal matters. Video Video The Death Penalty In the 1890 case of In re Kemmler, the Court said that any method of execution is acceptable, as long as it does not involve “torture or lingering death.” In the 1972 case of Furman v. Georgia, however, the Court focused on the death penalty itself. It concluded that capital punishment was cruel and unusual when it was inconsistently and unequally applied from one case to another. The Court observed that all too often, two people convicted of a capital crime received very different penalties. One might be sentenced to life in prison while the other was condemned to death.

The last two amendments, the Ninth and Tenth, are the most general amendments in the Bill of Rights. The Ninth Amendment is designed to offer protection for rights and liberties not specifically mentioned in the other amendments. The Tenth Amendment is meant to preserve the balance of power between the federal and state governments. video The Ninth Amendment states that other rights and liberties may exist beyond those listed in the Constitution, and it offers protection for those unenumerated rights. The Tenth Amendment is concerned with the balance of federal and state powers, rather than individual rights. It limits the powers of the federal government to those granted under the Constitution, reserving other powers for the states and the people. Video Modern application

Fourteenth Amendment Website