The Bill of Rights

1
The Bill of Rights

• Chapter 4

2
(No Transcript)
3
The First Amendment

• Section 1

4
Bill of Rights
5
First Amendment Freedoms

• The Bill of Rights, added in 1791, protects our
  civil liberties the freedom to think act
  without government interference or fear of unfair
  treatment.
• The First Amendment protects five basic freedoms
  religion, speech, press, assembly, to petition
  the government.

6
Freedom of Speech

• Congress shall make no laws . . .
• abridging the freedom of speech

7
Freedom of Religion

• Congress shall make no law respecting an
  establishment of religion or prohibiting the free
  exercise there of

8
Freedom of the Press

• Congress shall make no law . . .
• abridging . . . the freedom of the
• press.

9
Freedom of Assembly

• Congress shall make no law . . . Abridging . . .
  The people to peaceably assemble

10
Petition the Government

• Congress shall make no law . . . Abridging . . .
  the people. . . to petition the government for a
  redress of grievances

11

• Congress may not establish an official religion,
  favor one religion over another, or treat people
  differently because of their beliefs. People may
  practice their faith as they wish.???

12

• In some countries, people can be jailed for
  criticizing the government or voicing unpopular
  ideas. We can say what we want, in public or in
  private, without fear of punishment.
• Freedom of speech includes conversations, radio,
  TV. It also protects forms of expression other
  than the spoken word, such as clothing, flag
  burning, etc. This is called symbolic speech.

13

• We may express ourselves freely in print other
  media. The government cannot practice censorship
  it cannot ban printed materials or films because
  they contain offensive ideas or prior restraint-
  ban information before it is published or
  broadcast.

14

• We may gather in groups for any reason, as long
  as the assemblies are peaceful. Governments can
  make rules about when where activities can be
  held but cannot ban them. We may freely join
  clubs, political parties, unions, other
  organizations.
• We have the right to petition the government. A
  petition is a formal request. We can complain or
  express ideas by writing to our representatives.

15
Limits to First Amendment Freedoms

• The Supreme Court has decided that First
  Amendment freedoms may be limited to protect
  safety security.
• You may not provoke a riot. You may not speak or
  write in a way that leads to criminal activities
  or efforts to overthrow the government.

16

• In practicing your religion, you may not
  participate in illegal activities such as human
  or animal sacrifices, drug use, or polygamy.
• The press may not release information that could
  endanger our military or national security.
• All assemblies must be peaceful. The government
  can regulate when and where these assemblies take
  place.

17

• You should use civil liberties responsibly not
  interfere with the rights of others.
• You may criticize government officials but not
  spread lies that harm a persons reputation.
  Doing so is a crime called slander if the lies
  are spoken libel if they are printed.
• Unlimited freedom is not possible in a society.
  The rights of one individual must be balanced
  against the rights of others of the community.

18
(No Transcript)
19
Other Guarantees in the Bill of Rights

• Section 2

20
(No Transcript)
21
I. Protecting the Rights of the Accused

• A. The Fourth, Fifth, Sixth, Eighth Amendments
  protect the rights of accused people.
• B. The Fourth Amendment protects against
  unreasonable searches seizures. If police
  believe you have committed a crime, they can ask
  a judge for a search warrant a court order
  allowing law enforcement officials to search a
  suspects home or business take evidence.
  Search warrants are granted only with probable
  cause.

22

• C. The Fifth Amendment states that no one can be
  put on trial for a serious federal crime without
  an indictment a formal charge by a grand jury,
  which reviews the evidence. An indictment does
  not mean guiltit indicates only that the person
  may have committed a crime.
• D. The Fifth Amendment also protects against
  double jeopardy. Someone tried judged not
  guilty may not be put on trial again for the same
  crime.

23

• E. The Fifth Amendment protects an accused
  persons right to remain silent. This prevents a
  person from being threatened or tortured into a
  confession. These are called Miranda rights.
• F. The Fifth Amendment states that no one may be
  denied life, liberty, or property without due
  process, or the use of established legal
  procedures.
• G. The Fifth Amendment limits eminent domain the
  right of government to take private property
  (usually land) for public use.

24

• H. The Sixth Amendment requires accused people to
  be told the charges against them guarantees a
  trial by jury. Trials must be speedy public
  with impartial jurors. Accused people have a
  right to hear question witnesses against them
  call witnesses in their own defense. Accused
  people are entitled to a lawyer.

25

• I. Before trial, the accused may stay in jail or
  pay bail, a security deposit. Bail is returned if
  the person comes to court for trial but is
  forfeited if the person fails to appear. The
  Eighth Amendment forbids excessive bail
  excessive fines. It also forbids cruel unusual
  punishment. Punishment must fit the severity of
  the crime.

26
II. Protecting Other Rights

• A. The Second Amendment is often debated. Some
  believe it only allows states to keep an armed
  militia, or local army. Others believe it
  guarantees the right of all citizens to keep
  bear arms. The courts have generally ruled that
  government can pass laws to control, but not
  prevent, the possession of weapons.
• B. The Third Amendment says that soldiers may not
  move into private homes without the owners
  consent, as British soldiers had done in colonial
  times

27

• C. The Seventh Amendment concerns civil cases
  lawsuits involving disagreements among people
  rather than crimes. It guarantees the right to a
  jury trial in civil cases involving more than
  20.
• D. The Ninth Amendment says that citizens have
  other rights beyond those listed in the
  Constitution.

28

• E. The Tenth Amendment says that any powers the
  Constitution does not specifically give to the
  national government are reserved to the states or
  to the people. This prevents Congress the
  president from becoming too strong. They have
  only the powers the people give them.

29
2nd Amendment

• Right to keep and bear arms

30
3rd Amendment

• Protection from quartering of troops. 

31
4th Amendment

• Protection from unreasonable search and seizure. 

32
5th Amendment

• Due process, double jeopardy, self-incrimination,
  private property.

33
6th Amendment

• Trial by jury and other rights of the accused. 

34
7th Amendment

• Civil trial by jury.

35
Eighth Amendment

• Prohibition of excessive bail well as cruel or
  unusual punishment.

36
9th Amendment

• Acknowledges the existence of rights that may not
  be listed in the Constitution.

37
10th Amendment

• Reserves all powers not given to the federal
  government to the states and to the people. 

38

• If we have freedom of speech and expression,
  why are they limited at school?

39
Expression Rights in Public Schools

• The Supreme Court has developed three test from
  three landmark cases involving public schools.
• Tinker Standard
• Fraser Standard
• Hazelwood Standard

40
Tinker v. Des Moines School District, 1969

• Three students planned to wear black armbands to
  school to protest the Vietnam war.
• The school heard about their plans and enacted a
  no-armband policy.
• The Court ruled with the students, saying that
  schools may not silence student expression just
  because they dont like it.

41
Tinker Standard

• Schools cannot stop student expression unless
  they can reasonably predict that it would lead to
  either
• A disruption of the school environment
• OR
• An invasion of the rights of others.

42
Bethel School District v. Fraser, 1986

• Matthew Fraser gave a speech before a school
  assembly nominating a classmate for student
  government.
• His speech contained numerous vulgar, sexual
  references.
• He was punished and sued the school.

43
The Fraser Standard

• The Court ruled that the rights of students are
  not the same as those of adults.
• Schools have to teach students the boundaries of
  socially appropriate behavior.

44
Hazelwood School District v. Kuhlmeier, 1988

• Articles dealing with teen pregnancy and divorce
  were censored from a school paper by the
  principal.
• The students sued the school for violating their
  right to freedom of the press.

45
Hazelwood Standard

• The court ruled that a school could censor any
  school-sponsored publications.
• Schools may censor speech that would associate
  the school with a politically controversial
  issue.