1. Bill of Rights

2. 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

3. 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.

4. 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.”

5. 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.

6. 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.

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

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

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

10. 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?

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

12. 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

13. 6th Amendment Speedy and Public Trial Impartial Jury Habeas Corpus
Confronted with witnesses
Right to a lawyer

14. 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

15. 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

16. 7th and 8th Amendments
What forms of execution would you consider cruel and unusual punishment? Humane?

17. 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?

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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."

25. 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.

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