1. BILL OF RIGHTS Lesson Objective: To understand the protections and purpose of the Bill of Rights Essential Questions: Why have a Bill of Rights? How does the Bill of Rights protect out Freedoms?

2. The 1 st 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

5. THE BILL OF RIGHTS

6. SECOND AMENDMENT CONCERNS

7. Freedom of Religion Establishment Clause- forbids the Government from establishing a national religion Separation of Church & State does not actually appear in the Constitution* Courts have limited prayer in public schools Engle v. Vitale (1962) Lemon v. Kurtzman (1971) Lemon Test 1.Have a secular purpose 2.Have a primary effect that neither advances nor prohibits religion; and 3.Not foster excessive government entanglement with religion Can: Allow for optional bible study Public funds for special education services at religious schools Gov. can give people money to attend religious schools (vouchers) Can’t Pay catholic school teachers with public funds Public prayer either in school or at school functions Goal is to strike a balance between free exercise of religion and not promoting one particular religion

8. Freedom of Religion “Government will make no law…prohibiting the free exercise thereof….” Not absolute Snake handling Use of illegal drugs Polygamy Can believe whatever you want…but practice can be limited

9. Freedom of Speech, Press, and Assembly Is freedom of speech important to a Democracy? OF COURSE! But…. Still subject to some regulation. Thoughts- Most protected Words- Somewhat protected Actions- Least protected What is not protected? Obscenity, libel, lewdness, and fighting words Can be hard to define http://www.huffingtonpost.com/2014/05/10/bill-maher-donald- sterling_n_5301576.html

10. Historical Limits on Speech Alien and Sedition Acts Ban on anti-slavery information in the South Lincoln arrested many editors who opposed him during the Civil War WWI –Espionage Acts “Direct incitement”- must be likelihood of immanent harm- 1969

11. Protected Speech and Publications Prior Restraint Symbolic Speech Communist flag Flag burning Black Armbands to protest Vietnam Hate Speech/ Unpopular Speech Fine line between what is protected and what is not – Cross Burning is not protected Sometime speech is limited by non-governmental agencies (universities / college)

13. Unprotected Speech Libel and Slander High standards for proof Even parodies are protected- Hustler Magazine v. Falwell Fighting words Obscenity and Pornography Problem is defining it “I know it when I see it”

14. Rights of Criminal Defendants Due Process rights 4 th, 5 th, 6 th, 8 th Amendment 4th Search and Seizure “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.“

15. When police do not need warrants… the person arrested things in plain view of the accused places or things that are in the immediate control of the accused "stop and frisk" individuals under reasonable suspicion (a lower standard than probable cause) with consent, no warrant is needed and consent may be given by roommates and other household occupants drunk drivers open fields

16. The 5 th AmendmentAmendment “No person shall be...compelled in any criminal case to be a witness against himself.“ Miranda v. Arizona – why we have Miranda rights Keeps police from coercing a confession out of you! Exclusionary Rule -1914 illegally obtained evidence is thrown out in court Keeps police from breaking the 4 th and 5 th Amendments

17. 6 th Amendment Right to counsel At first meant could hire a lawyer Eventually expanded to get free lawyer- for any case where jail time could be served Gideon v. Wainwright – 1963 Jury trials Speedy, public, trial by “impartial jury” – 6 months or more in prison Right to confront witnesses Not absolute- Child abuse victims

18. 8 th Amendment Cruel and unusual punishment Generally refers to the death penalty Federal court normally unwilling to overrule state decisions Children and Mentally ill/ handicapped have been protected against death penalty DNA testing has overturned many death penalty cases in recent years

19. The 2 nd Amendment "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." What do you think that means? What are some of the issues that surround this Amendment? Should firearms be regulated? Illegal? Less restricted?

20. The Right to Privacy Not explicitly mentioned in Bill of Rights, courts have ruled that some areas of your life are off limits to the government Birth Control Abortion One of the most controversial subjects today Court has generally ruled, with Congress, to limit abortion rights