2. 1 st Amendment: Freedom of Expression “Congress shall make no law

3. 1 st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion,

4. 1 st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

5. 1 st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,

6. 1 st Amendment: Freedom of Expression “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,

7. 1 st Amendment: Freedom of Expression “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,

8. 1 st Amendment: Freedom of Expression “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.”

9. Freedom of Expression (1 st Amendment) Freedom of Speech Our government depends on citizens being informed Speech that is not protected Speech that creates a clear and present danger or that incites violence Libel (written) & slander (spoken) false report meant to harm Sedition – speech that urges the overthrow of gov’t

10. Freedom of Expression (1 st Amendment) Symbolic Speech Nonverbal communication, expression by conduct Some is protected Picketing outside during a strike Burning an American Flag Some is prohibited Burning draft cards Government MAY regulate the time, place, and manner that we express ideas; May NOT regulate content.

11. Freedom of Religion Action vs. Thought Freedom of Action vs. Freedom of Thought

12. Freedom of Religion The Establishment Clause Prevents government from setting up official U.S. religion Or declaring any religion illegal “Separation of Church and State” NOT in Constitution, but in a letter of Thomas Jefferson in 1802

13. Freedom of Religion The Free Exercise Clause Protection to practice any religious belief If religious practices conflict with others rights or disrupt order, they can be denied or punished Constitution protects religious beliefs, not all practices

14. Freedom of Expression Freedom of Assembly Right to Assemble Must remain peaceful, especially when demonstrating Tough balance between freedom to assemble and order in society Right to Associate Freedom to join groups / associations without government interference Private organizations do not have to accept everyone who wants to associate with them.

15. Defendants’ Rights Criminal Justice personnel are limited by the Bill of Rights (preserve individual rights) Failure to follow the rules usually invalidates a conviction Searches and Seizures Probable Cause to arrest a citizen or obtain a warrant, the officer must have reasonable suspicion of a crime Exclusionary Rule the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained

16. Defendant’s Rights Basic Rights during investigation: Arrest Probable Cause Search Automobile Probable cause or “plain sight” Search home/office/etc. warrant obtained from a judge Drug testing no warrant or probable cause Wiretapping must obtain a warrant

17. Defendant’s Rights During Trial: To be informed of the accusation To call witnesses to testify for him/her To be confronted with witnesses against him/herself To have a lawyer (unless you waive that right) Trial by jury (unless you waive that right) Speedy trial preliminary trial held within 100 days

18. Defendants’ Rights Self-Incrimination An individual accused of a crime is not legally required to be a witness against himself or herself in court. Miranda rights (during interrogation)

19. Understanding Civil Liberties Civil Liberties and Democracy People need the right to express themselves. Courts continue to define the limits of civil liberties. Civil Liberties and the Scope of Government Must decide the line between freedom & order Limits the scope of government