Bill of Rights - Civil LibertiesPresentation Transcript
WHY DID THE FOUNDING FATHERSALLOW FOR AMENDMENTS(CHANGES OR ADDITIONS) TO THECONSTITUTION?To ensure that the Constitution would bedynamic – that it would change alongwith changes in American society.
CIVIL RIGHTS V. CIVIL LIBERTIES:WHAT’S THE DIFFERENCE??Civil rights – right to befree from unequaltreatment based onrace, gender, sexuality, disability, etc.Civil liberties – specificrights you are guaranteedby the Bill ofRights, interpreted by thecourts over time…
AMENDMENT VIDEOSwww.myhistoryteach.comCivics and GovernmentLiberty and Justice for AllTIME Magazine - Your Bill ofRights – select the amendmentyou’ve been assigned!
THE BILL OF RIGHTS
REMEMBERING THE BILL OFRIGHTS!!!Video
Describe this picture. What is happening?Can anybody in these pictures get in trouble forwhat they are doing?Why would people participate in this activity?
FOR WHAT IT’S WORTHBY BUFFALO SPRINGFIELDWhen do you think this song wasrecorded?What is its message?How does it relate to the Bill ofRights?
• Why could one make theargument that freedom ofspeech is the most important ofour civil liberties?• How can the courts balanceindividual rights with thecommon good?
DO YOU KNOW YOUR FIRSTAMENDMENT RIGHTS?
Flag burning is constitutional as a means ofpolitical protest.TrueFalseIt depends
Your friend is running for student bodypresident and youre the campaignmanager. You print up posters on whichyou knowingly make false claims aboutyour opponent. His campaign objects, butthe First Amendment allows you to do this.TrueFalseIt depends
Your school can censor an article you writefor the school-sponsored newspaper.TrueFalseIt depends
Federal courts can force journalists to revealsecret sources.TrueFalseIt depends
If you want to organize a demonstration, youneed to check the population of the townyoure in-- there are limits on the number ofpeople who can participate based upon thelocal population.TrueFalseIt depends
1ST AMENDMENT The 1st Amendment guaranteesfreedom of religion, speech, the press,assembly, and petition. This means that we all have the rightto: practice any religion we want to to speak freely to assemble (meet) to address the government(petition) to publish newspapers, TV, radio,Internet (press)
TYPESOFSPEECHPure speech – verbal expression of thoughtand opinion before an audience that haschosen to listen; strongest protectionagainst government controlSymbolic speech – expressive conduct –use of actions and symbols to expressopinions3 Part test for symbolic speech – the govtcan regulate or forbid expressive conduct ifthe regulationFalls within the constitutional power of thegovernmentIs narrowly drawn to further anotherinterest of the governmentLeaves other outlets for communicationfreeUS v O’Brien1968
…OR IS IT??…OR IS IT??
WESTBORO BAPTIST CHURCHSnyder v. Phelps (2010) 8-1 (Alito dissenting)
JUSTICE ROBERTS IN THE MAJORITYOPINION"Speech is powerful. It can stir people toaction, move them to tears of both joy andsorrow, and - as it did here - inflict great pain.On the facts before us, we cannot react tothat pain by punishing the speaker. As aNation we have chosen a different course - toprotect even hurtful speech on public issuesto ensure that we do not stifle public debate.That choice requires that we shield Westborofrom tort liability for its picketing in this case."
REGULATING SPEECH Free speech must be balanced against the need to protect society– SOME SPEECH MUST BE REGULATED 3 constitutional tests used in examining free speech cases “clear and present danger” rule – speech in question poses animmediate danger; free speech is especially limited in times ofwar (Schenck v. US 1919) The bad tendency doctrine – speech could be restricted if ithas a tendency to lead to illegal action (Gitlow v. NY 1925) The preferred position doctrine – 1st amendment freedoms arethe basis of all liberties, and are, therefore, the mostimportant. Any law limiting 1st amendment rights should bePRESUMED unconstitutional unless it can be shown o benecessary
SEDITIOUS SPEECH speech that urges resistance to authority or overthrow of thegovernment There’s a difference between urging people to believe it isnecessary to overthrow the government and actually urging themto take action (Yates v US 1951) Free to advocate force, but cannot incitepeople to use force (Brandenburg v. Ohio1969)
WHAT CAN WE SAY?In your notebook, make 2 columns – CANand CANNOTIn each column, list at least 3 things thatyou can and cannot say according to your1st amendment right to free speech
PEOPLE CAN State their politicalbeliefs, including criticizing thegovernment Peacefully protest (peaceablyassemble – 1st amendmentright) Say things about someone thatare true Gestures – staying seatedduring the pledge, burning theflag, art, lyrics, posters, etc.Tinker v.DesMoines(1969)US V. EICHMAN(1990)
LIMITS ON SPEECHPeople CANNOT Clear and Present Danger Put the public in danger – yelling “Fire!” in a crowdedtheater! Incite (start) violence/riots Make threats (ie. To blow up airplanes) Harass Commit slander: untruthful spoken words that damagesanother’s reputation Commit libel Use obscenities in a public forum Disrespectful, vulgar language in schools
STUDENTSPEECH??Morse v. Frederick(2007)Tinker v. DesMoines(1969) – students haveright to freedom of speechso long as it is not adisruption to the learningenvironment
MORSE V. FREDERICKSummarize the issue that the court mustdecide in this case.How do you think the court should rule? Infavor of the students or the district?WHY??
MORSE V. FREDERICK (2007)The Court decided against Frederick (5-4)public school officials can censor student speechthat could be reasonably understood to promoteillegal drugs.Schools have the responsibility to deter drug useamong its students“The concern here is not that Frederick’s speechwas offensive, but that it was reasonably viewed aspromoting illegal drug use.”
STUDENT FREE SPEECH AND SOCIALMEDIA
BANNED FROM PROMThis girl was banned fromprom for wearing aConfederate flag dress.Does her first amendmentright to freespeech/expression coverher in this situation?
FREEDOM OF THE PRESSThe Press CANPrint any political positionSatirize people, especially politiciansExpose wrongs by the governmentReport the news even controversial events and issuesNYT Endorsements through theAges
THE PENTAGON PAPERSThe Most Dangerous Man inAmerica
US V. NEW YORK TIMES (1971)Former defense analyst DanielEllsbergleaked govt. docs. regarding warefforts during Johnson’sadministration to theNew York Times who published themin 1971Pentagon Papers revealed that theGovt. misled Congress & Amer.People regarding its intentions inVietnam- Primary reason for fighting not toeliminate communism, but to avoidhumiliating defeat.Free press v. Govt. need for securityFREE PRESS WINS!
LIMITS ON FREE PRESSThe pressCANNOTCommit libel –intentionallyinjuring aperson’sreputation byputting falsefacts into writing
2ND AMENDMENTThe 2nd Amendmentprotects the right tobear arms, whichmeans the right to owna gun.“A well regulated Militia,being necessary to thesecurity of a free State,the right of the people tokeep and bear Arms,shall not be infringed.”
3RD AMENDMENTwe cannot be forced tohouse or quarter soldiers.3s a crowd!!“No soldier shall, in time of peace bequartered in any house, without theconsent of the owner, nor in time of war,but in a manner to be prescribed by law.”
4TH AMENDMENT – SEARCH ANDSEIZUREImagine this…I take you to the library classroom, andeveryone brings their backpack. At the endof class, a girl screams, “Someone took myphone!” The only person that could havetaken it is in the room (for this activity, we’reassuming no one left the room)WHAT SHOULD HAPPEN NEXT??
4TH AMENDMENT The 4th Amendment protects the people fromunreasonable searches and seizures. the police must have a warrant to enter our homes. the government cannot take our property, papers,or us, without a valid warrant based on probablecause (good reason).“knock, knock!”
MAPP V. OHIO
exclusionary rule -forbids the use ofevidence obtainedthrough illegalsearch in a criminaltrial“good faith”exception toexclusionary rule -permits the courtsto consider themental state of thepolice officer
WARRANTLESS SEARCHESConsent search - If an individual voluntarilyconsents (agrees to) a search, no warrant isneeded. Subject must be in control of thearea.plain view search –To be legal, the officermust be in a place he has the right to be inand the object he seizes must be plainlyvisible in this location.search incident to arrest - if a suspect hasbeen legally arrested, the policy can searchthem and the area within their immediatecontrol
protective sweep search - following an arrest, if theyreasonably believe that a dangerous accomplice may behiding in an area near where the defendant was arrested.Police are allowed to walk through a residence andcomplete a "cursory visual inspection" without a warrant.If evidence of or related to a criminal activity is in plainview during the search, the evidence may be legallyseized. “Terry” Stop – If the police stop a car based on probablecause, they can search for objects related to the reasonfor the stop without obtaining a warrant. During a carsearch, the police are also allowed to frisk the subject forweapons, even without a warrant if they have reasonablesuspicion that the suspects may be involved in illegalactivities.
DIRECTIONS: EXAMINE EACHSITUATION CAREFULLY, ANDDETERMINE WHETHER IT IS A LEGAL(L) OR AN ILLEGAL (I) SEARCH.
WHEN CAN YOU USE A TRAFFIC STOPTO SEARCH FOR DRUGS?JAY-Z AND THE 4TH AMENDMENT
5TH AMENDMENTThe 5th Amendmentprotects people frombeing held forcommitting a crime unlessthey are properlyindicted, (accused)You may not be triedtwice for the same crime(double jeopardy)You don’t have to testifyagainst yourself in court.(Self-incrimination)OJ & DoubleJeopardy
6TH AMENDMENT The 6th Amendmentguarantees a speedy trial (youcan’t be kept in jail for over ayear without a trial) an impartial jury (doesn‘talready think you are guilty) that the accused can confrontwitnesses against them the accused must be allowedto have a lawyerLet’s speed things up!!
7TH AMENDMENTThe 7th Amendment guarantees the right to aspeedy civil trial.A civil trial differs from a criminal trial. A civil trial iswhen someone sues someone else. A criminal trialis when the state tries to convict someone of acrime.
8TH AMENDMENTThe 8th Amendment guarantees thatpunishments will be fair and not cruel, andthat extraordinarily large fines will not beset.
9TH AMENDMENTAll rights not stated in the Constitution andnot forbidden by the Constitution belong tothe people.This means that the states can do whatthey want if the Constitution does notforbid it.
10TH AMENDMENTThe 10th Amendment states that any power notgranted to the federal government belongs to thestates or to the people.STOP, federalgovernment!!!
READ EACH OF THE IMAGINARYNEWS HEADLINES BELOW. INDICATEWHICH AMENDMENT RELATES TOTHE HEADLINES.
KNOW YOURRIGHTS!!Supreme Court cases that everyteen should know
TRUE/FALSE• School officials can search me at any time, anywhere in school.• My freedom of speech includes my right to wear what I want toschool, regardless of the message.• Physical discipline in school is a violation of my constitutionalrights.• As a student at a public school, I’m prohibited from praying inschool.• In any case, regardless of its severity, a juvenile can be triedand punished as an adult.• If I wanted to write a controversial article in the schoolnewspaper, it cannot be censored by the school because I amexercising my first amendment right of freedom of expression.• My school cannot impose a mandatory drug testing policy onany of its students.• I am allowed to start a religious club at my school.