Bill of Rights

List five Rights of the First AmendmentPg. 771

Read Tinker vs. Des Moines How do you think the courts decided

on freedom of speech in Schools?Pg. 552 and 802

Warm Up

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.

Tinker vs. Des Moines

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/PressThe 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.

Are Parental Advisories a violation of the First Amendment?

The First Amendment

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

How free should we be?

Offensive Speech is protectedVirginia vs. Black

Intent to intimidate must be proven

Hate Speech

Religion and GovernmentDoherty 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?

1ST Amendment Establishment vs. Free Exercise ClauseEverson vs. Board of Education

Freedom of Religion

Freedom of ReligionFreedom 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 AmendmentSpeedy and Public

TrialImpartial JuryHabeas CorpusConfronted with

witnessesRight to a lawyer

6TH AmendmentThe Right to An

AttorneyBetts v. Brady

The right does not exist for all who are indicted to have counsel. Courts decide on case by case basis

Gideon v. WainwrightSC overturned Betts v.

BradyEven 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

What forms of execution would you consider cruel and unusual punishment? Humane?

7th and 8th Amendments

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?

Debate

4th AmendmentNo Unreasonable

Search and SeizureExclusionary RuleMapp v. OhioProbable causeReasonable

suspicionNew Jersey v. T.L.O.Terry v. Ohio

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

4th Amendment

Due ProcessSubstantiveGideon v. WainwrightProceduralMiranda v. ArizonaDouble Jeopardy

O.J. Trials not an exampleEminent Domain Kelo v. New London

5th Amendment

Kelo v. New LondonThe 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

Probable Cause (no unreasonable search and seizure)

Informed of rights (silent & Counsel)No coerced confessionGrand Jury/ ProsecutorIndicted (informed of charges)Speedy trial by jury (confront

witness/remain silent/ assistance of counsel)Verdict (no double jeopardy)No excessive fine/ cruel punishmentAppeal

Procedure

The Right to Remain SilentMiranda v. Arizona

1966 he was unaware he had the right to remain silent

Admitted to kidnapping and rape

Found guiltySupreme Court on

appeal reversed the conviction and gave him a new trial

"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."

Miranda Reading

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 lawEminent 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.

Fifth Amendment

Second AmendmentRight of states to raise a militiaRight to bear arms

Third AmendmentQuartering troops

Second and Third Amendments