Bill of Rights

Warm Up List five Rights of the First Amendment Pg. 771 Read Tinker vs. Des Moines How do you think the courts decided on freedom of speech in Schools? Pg. 552 and 802

Tinker vs. Des Moines Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections? The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. School environments imply limitations on free expression, but here the principals lacked justification for imposing any such limits.The principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline.

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.”

Is Freedom of Speech Absolute Restrictions can be placed on speech and the freedom of the press when national security is a concern. Restricted based on time, place and manner. HOWEVER, such restrictions must be content neutral - not based on the message of the speech.

Freedom of Speech/Press The government cannot restrict speech and/or publication of materials prior to publication, whether it is political, or even libelous. The only exception is if it threatens national security.

The First Amendment Are Parental Advisories a violation of the First Amendment?

How free should we be? Should there be limitations on freedom of speech? Does being in a school change one’s free speech rights?

Hate Speech Offensive Speech is protected Virginia vs. Black Intent to intimidate must be proven

Religion and Government Doherty High School mandates that all students must pray before class begins each day. The principal reads a prayer over the loudspeaker system and all students are required to fold their hands and remain silent during the prayer. Is this in violation of the First Amendment?

Freedom of Religion 1ST Amendment Establishment vs. Free Exercise Clause Everson vs. Board of Education

Freedom of Religion Freedom of Belief Individuals are able to believe anything they wish pertaining to religion Truth and Falseness of religion cannot be determined by the government

6th Amendment Speedy and Public Trial Impartial Jury Habeas Corpus Confronted with witnesses Right to a lawyer

6TH Amendment The Right to An Attorney Betts v. Brady The right does not exist for all who are indicted to have counsel. Courts decide on case by case basis Gideon v. Wainwright SC overturned Betts v. Brady Even the poor have the right to an attorney

7th and 8th Amendments Right to a trial by jury for civil offenses (7th) No excessive bail or fines No cruel or unusual punishment In 1878, the Court commented that drawing and quartering, public dissecting, burning alive and disemboweling would constitute cruel and unusual punishment while determining that death by firing squad was as legitimate as the common method of that time, hanging. Must be unreasonable or disproportional to the crime or deemed cruel. No execution of mentally challenged, persons under 18

7th and 8th Amendments What forms of execution would you consider cruel and unusual punishment? Humane?

Debate Three men are standing outside a jewelry store wearing trench coats. They appear to be up to no good. They are positioned at both ends of the store while a third man appears to be looking around for spies. Are the police allowed to search them?

4th Amendment No Unreasonable Search and Seizure Exclusionary Rule Mapp v. Ohio Probable cause Reasonable suspicion New Jersey v. T.L.O. Terry v. Ohio

4th Amendment Exclusionary rule: Evidence gained as a result of an Illegal act cannot be used against that person Probable Cause: Reasonable grounds to believe a crime has occurred

5th Amendment Due Process Substantive Gideon v. Wainwright Procedural Miranda v. Arizona Double Jeopardy O.J. Trials not an example Eminent Domain Kelo v. New London

Kelo v. New London The city of New London, CT, invoked eminent domain in an effort to sell land to a private developer to raise city property values and revitalize the city. Ordered residents to leave homes, Susette Kelo and others filed suit. State court found in favor of the city. Appealed to the Supreme Court

Procedure Probable Cause (no unreasonable search and seizure) Informed of rights (silent & Counsel) No coerced confession Grand Jury/ Prosecutor Indicted (informed of charges) Speedy trial by jury (confront witness/remain silent/ assistance of counsel) Verdict (no double jeopardy) No excessive fine/ cruel punishment Appeal

The Right to Remain Silent Miranda v. Arizona 1966 he was unaware he had the right to remain silent Admitted to kidnapping and rape Found guilty Supreme Court on appeal reversed the conviction and gave him a new trial

Miranda Reading "You have the right to remain silent. Anything you say can and will be used against you in a court of law.  You have the right to be speak to an attorney, and to have an attorney present during any questioning.  If you cannot afford a lawyer, one will be provided for you at government expense."

Fifth Amendment Due Process: Government must act fairly with established rules. (Life, Liberty, and Property) 1.    Substantive: The law itself is in question 2.    Procedural :The manner in which the state carries out the law Eminent Domain: The right of the government to legally purchase the land of private citizens Double Jeopardy: Not to be tried twice for the same crime in the same court.

Second and Third Amendments Second Amendment Right of states to raise a militia Right to bear arms Third Amendment Quartering troops