Warm Up (In google doc): In your Interactive Notebook: Unit 2 - Lesson 8 Free Expression & the First Amendment LESSON ESSENTIAL QUESTION: How does the Supreme Court interpret and protect the Constitution? ESSENTIAL VOCABULARY for lesson: Federal Jurisdiction, State Jurisdiction, Original Jurisdiction, Appellate Jurisdiction Federal District Court; Federal Appeals Court; Supreme Court Remand, Overturn, Uphold Warm Up (In google doc): On the handout, pick out 10 rights you think should be guaranteed. WRITE: What rights do you think you have?

Lesson 8 Performance Task: In your Interactive Notebook: Unit 2 - Lesson 8 Free Expression & the First Amendment Lesson 8 Performance Task: Choose between: Select an issue you care about and develop: 1) a sign/slogan advocating it; and 2) either a petition you can get other students to sign; OR write a letter to the editor about it Create a guide for teachers, principals, and coaches that explains the constitutional separation between church and state. Indicate what religious or prayer based activities ARE permitted within school, and give examples of activities that the constitution and courts prohibit Annotate & evaluate the text of the 2nd amendment. Explain why the amendment refers to the need for a “well regulated militia.” Do you believe that government has the power to regulate the types of weapons that people may own? Evaluate the Supreme Court’s ruling in Roe v. Wade. What was the constitutional basis for the decision. Do you agree with the court that the constitution protects a woman’s right to choose an abortion? Why or why not? Class Website: www.mrggcivivcs.weebly.com DEADLINES & HOMEWORK: Test Corrections: By _______ Performance Task Deadlines: Lesson 6: Due Now! Lesson 8/9: Due AT END OF NEXT LESSON Vocab Quizzes 8/9 – End of next lesson 10/11/12 – end of lesson 12 Unit 2 Test: COMPREHENSIVE: ___________

The Bill of Rights Read the amendments on the handout. first 10 amendments to the Constitution Demanded by anti-federalists Designed to protect individual rights Read the amendments on the handout. Match them up with the rights you picked out during the warm up Quick Write: What do you think might happen if government were not required to guarantee these rights?

Re-read & annotate the 1st Amendment What’s in it?

1st Amendment Freedom of Speech Cannot punish you for speaking

Protected vs. UNPROTECTED SPEECH Slander Saying untrue things about someone in order to make them look bad They can sue you Libel Writing / publishing false statements to make someone look bad Obscenity / pornography May be regulated inciting a riot Eg: shouting “fire” in a crowded theater Using hate speech at racially charged event False advertising Companies can be sued for misleading the public Political speech Expressing your beliefs verbally or in writing (even if they are hateful) Cultural expression May look and dress the way you want (except for indecent exposure) Religious expression Prisoners may wear yalmuka’s or turbans; State employees may wear personal religious symbols that don’t advocate religion for others

Free Speech Case Analysis TAKE 10 MINUTES TO RESEARCH Free Speech Cases: Use Street Law to find information about: Odd # groups: Tinker v Des Moines: http://goo.gl/zrrGjD Even # groups: Texas v. Johnson: http://goo.gl/1oDSiU Use Case analysis template to organize: Name of case & date of ruling Facts of the case the arguments on each side Your opinion The Majority opinion of the court

1st Amendment Freedom of Religion establishment clause -- Government can’t establish, create, or advocate any particular religion SEPARATION OF CHURCH AND STATE No government (including school) sponsored prayer No public (tax) money used for religious purposes free expression clause – you have the right to practice any religion of your choice

1st Amendment Freedom of Press Newspapers, television, and radio can say what they want to say

Freedom of the Press No government censorship No prior restraint Censorship – preventing publication of certain ideas Happens a lot in authoritarian countries Has happened here too: certain books are banned from public schools, for example No prior restraint Government can’t stop a paper from publishing something just b/c it disagrees with it One job of the press is to expose what the government does and create public dialogue about it We need to know what the government is up to

1st Amendment Freedom of Petition Have the right to ask the government to change something

1st Amendment Freedom of Assembly LIMITATIONS / RESTRICTIONS Have the right to gather in groups LIMITATIONS / RESTRICTIONS Permits - Governments can require groups to get a permit to hold large protests Can be expensive Can restrict locations Can require groups to pay for police presence to direct traffic & ensure safety Time, place, and manner restrictions Examples: you can’t march & chant in a residential neighborhood in the middle of the night Cannot block entrances to government buildings or private property

Work Time / Performance Task Lesson 6 Performance Task (LATE!): Write your own supreme court opinion for two cases we will study. For each: Describe the facts of the case & identify the constitutional arguments made by each side. What part of the Constitution does the Court have to interpret? Evaluate each argument made & indicate what you believe are the strongest arguments on each side. Write 2-4 sentence opinion explaining how you would rule in the case if you were a supreme court justice. Your opinion should indicates the part(s) of the constitution that helped you make up your mind. Indicate whether your point of view is consistent with the Majority or Dissenting opinion issued in the case by the actual Supreme Court. Lesson 8 Performance Task: Choose between: Select an issue you care about and develop: 1) a sign/slogan advocating it; and 2) either a petition you can get other students to sign; OR write a letter to the editor about it Create a guide for teachers, principals, and coaches that explains the constitutional separation between church and state. Indicate what religious or prayer based activities ARE permitted within school, and give examples of activities that the constitution and courts prohibit Annotate & evaluate the text of the 2nd amendment. Explain why the amendment refers to the need for a “well regulated militia.” Do you believe that government has the power to regulate the types of weapons that people may own? Under what scenarios can you imagine suing another person? Do you think the legal process is the best way to resolve disputes? Why or why not? Evaluate the Supreme Court’s ruling in Roe v. Wade. What was the constitutional basis for the decision. Do you agree with the court that the constitution protects a woman’s right to choose an abortion? Why or why not?

Watergate President Nixon had his staff break into the offices of the Democratic Party to steal records & tap the phones at the Watergate Hotel. They got caught. He tried to cover it up.

U.S. v. Nixon U.S. Government sued Nixon to force him to release records about Watergate Nixon argued that the records were top secret and confidential, and refused to release them due to Executive Privilege Supreme Court says: no dice Executive privileges applies to national security issues It does not make the President above the law

The Pentagon Papers A top secret Pentagon report proved that the President lied to Congress and the American people about the cause of the Vietnam War Daniel Ellsberg, a Pentagon employee, leaked the report to the New York Times for publication NY Times starts to publish the report

NY Times v. U.S. (1971) Nixon administration charges Ellsberg with Treason for releasing national security documents Orders NY Times to stop publishing the report Supreme Court rules in favor of NY Times 1st Amendment: we have a free press to help stop the government from keeping secrets and lying to its people