1. Pushing the Limits Safeguards and limits on individual rights
SS.7.C.2.5 Distinguish how the Constitution safeguards
and limits individual rights.
Safeguards and limits on individual rights

2. What are rights? Rights are claims that are protected by law
What are some rights you have?
Are rights unlimited?
Why are there limits on our rights?
Safety
To protect the rights of others

3. Where are our rights outlined?
The U.S. Constitution!
In addition to outlining some of our rights…
The Constitution limits the power of the government.
What does that have to do with OUR rights?
By limiting the powers of the government, the Constitution safeguards our individual rights

4. For example:
“Congress shall make no law respecting the 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 to peaceably assemble,
and to petition the Government for a redress of grievances.”

5. What are some of your rights as an individual that are safeguarded in the Constitution?
Religion
Assembly
Speech
Press
Petition
Bear arms
Vote
Trial by jury
And more!!

6. Who safeguards our Individual rights?
The Judicial Branch!
Who safeguards our Individual rights?

7. What does the judicial branch (courts) do?
Protects our individual rights…
…by interpreting and applying the law…
…without outside influences like politics, money, public opinion, or personal opinion.
This also describes an independent judiciary.

8. How are judges different from other elected officials?
Other elected officials make decisions based on the needs/desires of their constituents or voters, their own beliefs, or their political party’s agenda.
Judges must follow the law and should not be influenced by politics, special interest groups, money, public opinion or their own personal beliefs.
They should be fair and impartial.
So that is what the courts do…. now let’s examine how judges are different from other elected officials in our governmental structure. What do you think….how are judges different from other elected officials? Differentiate between judges and other elected officials such as legislators. Make sure the class understands that this is the way our system is designed.

9. Judicial Decision Making
Judges cannot make decisions based on their feelings…
Decisions have to be based on the law.
Legal reasoning
Precedent: prior cases
Constitution
Statutes

10. Take It To the Court Rights and the courts:
Speedy and public trial…
…by an impartial jury…
…informed of the charges against you…
…able to confront witnesses against you…
…and have an attorney.
If you think there has been a violation of your rights, you can take your case to the appropriate court.
Sometimes judges grant summary judgment:
Summary judgement: a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried.
Cases that raise a "federal question" involving the United States Government , the U.S. Constitution, or other federal laws go to the Federal courts

11. Cases Through the Courts
This is the appellate process, or how cases move through the different levels of federal courts.
Appeal
U.S. Supreme Court
U.S. Court of Appeals for a Circuit: Hear cases on appeal from the district courts
Appeal
What does that mean?
To have your case heard by a higher (appellate) court to determine if there was an error in how the law was applied.
Federal District Courts: Cases that raise a "federal question" involving the United States Government , the U.S. Constitution, or other federal laws
The Federal Courts

12. Are our rights unlimited?
Unlimited Rights?

13. Are our rights unlimited?
NO!
Our rights are limited in order to:
Keep people safe
Promote the common good
Protect the rights of others
FIRE!

14. Protecting the Rights of Others
My rights end… …where your rights begin.

15. How are rights safeguarded and/or limited?
Rights in Action

16. What First Amendment Right Is Being Demonstrated?
How is this right protected?
How is this right limited?
How is this right protected?
In the First Amendment of the U.S. Constitution – the right to peaceably assemble
How is this right limited?
The assembly must remain peaceful and meet time, place, and manner restrictions.
Why is this right limited? What impact does it have on social behavior?
There are considerations for public safety, traffic, building security, and general order.
Why is this right limited?
The Right to Peaceably Assemble

17. What Right Is Being Demonstrated?
How is this right protected?
How is this right limited?
Security screening line.
How is this right protected?
The right to be protected from unreasonable searches and seizures.
How is this right limited?
Searches can be required for public safety, as demonstrated in the photo.
Why is this right limited? What impact does it have on social behavior?
For the general public safety and security. Individuals submit to reasonable searches in order to gain security.
Why is this right limited?
The Right to Protection from Unreasonable Searches and Seizures

18. What do you think? A Case Before the Court:
Read the facts of the case you are given and answer the question with your group. Be prepared to defend your answer.
Divide the class into 4 or 6 groups (depending on the size of your class; it is ideal to have 5 students, or an odd number) in each group). Give half of the groups the facts of the case for Tinker, and give the other half of the groups the facts for Hazelwood. Have the students work through the first amendment and facts together. They should try to come to a consensus on their answer to the question before the court.
What do you think?

19. First Amendment
“Congress shall make no law respecting the 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 to peaceably assemble,
and to petition the Government for a redress of grievances.”

20. Hazelwood S.D. v. Kuhlmeier
The Case of the School Newspaper
Hazelwood S.D. v. Kuhlmeier

21. What are the key facts of the case?
The Facts

22. What do you think? Was this an exercise of free speech/press?
Were the articles appropriate for a school newspaper?
Should the articles be published?
Yes or No?
Why?

23. Hazelwood: A Case Through the Courts
Appeal
U.S. Supreme Court
U.S. Court of Appeals: Held that a First Amendment violation had occurred; the principal’s actions were not constitutional.
Appeal
Federal District Court: Held that no First Amendment violation had occurred; the principal’s actions were constitutional.
The Federal Courts

24. Question before the court:
Did the principal's deletion of the articles violate the students' rights under the First Amendment?

25. Hazelwood S.D. v. Kuhlmeier
No. 5-3
The US Supreme Court held that no First Amendment violation had occurred.
A school need not tolerate speech that is inconsistent with its educational mission.
The case was heard by 8 justices because Justice Powell had retired that summer. His seat was still vacant because of a failed nomination. The seat would later be filled by Anthony Kennedy a month after the case was decided.

26. Tinker v. Des Moines Independent community school district
The Case of the Black Armbands
Tinker v. Des Moines Independent community school district

27. What are the key facts of the case?
The Facts

28. What do you think?
Should the students be allowed to wear the armbands at school?
Was this a form of speech?
Were the students causing a disturbance?
Yes or No?
Why? ?

29. Tinker: A Case Through the Courts
Appeal
U.S. Supreme Court
U.S. Court of Appeals: Agreed with (or affirmed) the decision of the District Court. The school district’s/principal’s actions were reasonable.
Appeal
Federal District Court: Dismissed the case and held that that no First Amendment violation had occurred; the school district’s/principal’s actions were reasonable.
The Federal Courts

30. Question before the Court:
Did the principals’ rule, against wearing armbands in public school, violate the students’ First Amendment freedom of speech protections?
Yes or No?
Why or why not?

31. Tinker v. Des Moines
Yes.
The US Supreme Court held in a 7-2 decision that the wearing of the armbands was protected by the First Amendment.
“…students do not shed their rights at the schoolhouse gate.”

32. Which case… …safeguarded individual rights?
…limited individual rights?
The Tinker case (case of the black arm bands) safeguarded individual rights.
The Hazelwood case (case of the school paper) limited individual rights.

33. Review: Safeguards and Limits
Constitutional Safeguards
Limits
The Constitution names some of our rights;
And protects our individual rights from the government.
Case example: The Case of the Black Armbands
There are limits on our rights to:
Protect public safety
Promote the common good
Protect the rights of others
There are also limits on the power of government in order to prevent abuses of power
Case Example: The Case of the Student Paper

34. Additional Content Focus Vocabulary
Prohibition of ex post facto laws: used to refer to a criminal law that applies retroactively, thereby criminalizing conduct that was legal when originally performed; found in the U.S. Constitution
Habeas corpus: used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful
In the United States, the Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution. Prohibiting ex post facto laws limits government power by not allowing government to prosecute or punish people for past actions that may be illegal under a new law. For example (hypothetically): I got my drivers’ license at 16 and I am now 18. A new law has been instituted that changes the driving age to 17. I cannot be fined or arrested for driving at 16 under the new law.
Habeas corpus is a component of due process verifying that a prisoner or other detainee (mental patient, etc.) has been detained or imprisoned based on the law. A writ (written command) is the actual court order requiring that the institution holding a person produce that person to the court. In Latin, habeas corpus means “produce the body”. This is a limit on government in that they have to be able to produce the person arrested for an offense and cite why their arrest/detention was lawful (based on the law).
How would prohibition of ex post facto laws and habeas corpus limit government power?
Discuss with your group.

35. Checking for Understanding
Limiting the power of the federal government safeguards individual rights.