Civil Liberties Introduction and First Amendment Forensics September 3,

Objectives: SWBAT Identify the origins and evolution of the Bill of Rights Identify the protections of the First Amendment Investigate how precedent is applied in legal cases 2

Bill of Rights: Origins The Bill of Rights (BoR) was originally proposed by the leaders of the Anti-Federalist movement during the ratification of the Constitution The Federalists felt that individual rights were best protected at a local level, the National government need not be involved Still, ratification would not happen unless the bill is drafted Civil Liberties The BoR was meant to outline your Civil Liberties The freedoms and protections that are protected from arbitrary government action

BoR: Then… Drafted by the first Congress in 1789 Ratified and inserted in the Constitution in 1791 Meant to be a check on the power of the national government Does that mean that states can violate the BoR? YES! Barron v Baltimore (1833) The BoR applies only to the National Government and not necessarily to the states It would not be until 1925(!) That the idea that states must explicitly follow the BoR is accepted

BoR:…and NOW Gitlow v New York (1925) Using the 14 th Amendment; States laws must now obey the BoR Since the ruling all amendments of the BoR except for 3, 7 and one portion of 5 now apply directly to the states Very recently the second amendment is now applied to the states Heller v Washington DC (2008) ; McDonald v Chicago (2010) Both cities had had handgun bans that were struck down using the second amendment.

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 Freedom of religion Freedom of religion Establishment clause Establishment clause Free Exercise clause Free Exercise clause Freedom of expression Freedom of expression Speech Speech Press Press Assembly Assembly Petition Petition 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

The Freedom of Religion The Establishment clause The Establishment clause The US gov’t may not create or endorse an official religion The US gov’t may not create or endorse an official religion The Free Exercise clause The Free Exercise clause The US gov’t may not interfere in the legitimate practice of a recognized religion The US gov’t may not interfere in the legitimate practice of a recognized religion Unless the practice somehow violates federal law Unless the practice somehow violates federal law Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

Freedom of expression Certain forms of nonverbal communication are protected Certain forms of nonverbal communication are protected This is called symbolic speech This is called symbolic speech Wearing an armband, burning a flag, carrying a sign, covering your mouth with tape all could be considered symbolic speech Wearing an armband, burning a flag, carrying a sign, covering your mouth with tape all could be considered symbolic speech Limiting the freedom of expression happens during crises Limiting the freedom of expression happens during crises Schenck v United States (1919) Schenck v United States (1919) Justice Oliver Wendell Holmes ruled that speech that poses a “Clear and Present Danger” of “Substantive Evils” is not protected Justice Oliver Wendell Holmes ruled that speech that poses a “Clear and Present Danger” of “Substantive Evils” is not protected

Freedom of expression Obscenity Obscenity Miller v California (1973) Miller v California (1973) CJ Warren Burger ruled that materials were obscene if, on the whole, had no other interest other “other than sex” they must show conduct that is “patently offensive” CJ Warren Burger ruled that materials were obscene if, on the whole, had no other interest other “other than sex” they must show conduct that is “patently offensive” Must lack “serious literary, artistic, political or scientific value” Must lack “serious literary, artistic, political or scientific value” Other protected speech Other protected speech Commercial Speech Commercial Speech Advertising is legal EXCEPT: Advertising is legal EXCEPT: False or misleading False or misleading Advertising illegal services Advertising illegal services

CW: Applying Precedent Study the case Morse v Frederick Study the case Morse v Frederick Read through the three cases on your precedent cards complete the graphic organizer and the questions associated. Read through the three cases on your precedent cards complete the graphic organizer and the questions associated. Apply the precedents and determine how the SCOTUS would rule on this case Apply the precedents and determine how the SCOTUS would rule on this case