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WHY DID THE FOUNDING FATHERSALLOW FOR AMENDMENTS(CHANGES OR ADDITIONS) TO THECONSTITUTION?To ensure that the Constitution...
CIVIL RIGHTS V. CIVIL LIBERTIES:WHAT’S THE DIFFERENCE??Civil rights – right to befree from unequaltreatment based onrace,...
AMENDMENT VIDEOSwww.myhistoryteach.comCivics and GovernmentLiberty and Justice for AllTIME Magazine - Your Bill ofRigh...
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 ...
FOR WHAT IT’S WORTHBY BUFFALO SPRINGFIELDWhen do you think this song wasrecorded?What is its message?How does it relate...
• Why could one make theargument that freedom ofspeech is the most important ofour civil liberties?• How can the courts ba...
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...
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 num...
1ST AMENDMENT The 1st Amendment guaranteesfreedom of religion, speech, the press,assembly, and petition. This means that...
TYPESOFSPEECHPure speech – verbal expression of thoughtand opinion before an audience that haschosen to listen; strongest...
…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 and...
REGULATING SPEECH
REGULATING SPEECH Free speech must be balanced against the need to protect society– SOME SPEECH MUST BE REGULATED 3 cons...
SEDITIOUS SPEECH speech that urges resistance to authority or overthrow of thegovernment There’s a difference between ur...
WHAT CAN WE SAY?In your notebook, make 2 columns – CANand CANNOTIn each column, list at least 3 things thatyou can and c...
PEOPLE CAN State their politicalbeliefs, including criticizing thegovernment Peacefully protest (peaceablyassemble – 1st...
LIMITS ON SPEECHPeople CANNOT Clear and Present Danger Put the public in danger – yelling “Fire!” in a crowdedtheater! ...
STUDENTSPEECH??Morse v. Frederick(2007)Tinker v. DesMoines(1969) – students haveright to freedom of speechso long as it is...
MORSE V. FREDERICKSummarize the issue that the court mustdecide in this case.How do you think the court should rule? Inf...
MORSE V. FREDERICK (2007)The Court decided against Frederick (5-4)public school officials can censor student speechthat ...
STUDENT FREE SPEECH AND SOCIALMEDIA
BANNED FROM PROMThis girl was banned fromprom for wearing aConfederate flag dress.Does her first amendmentright to freespe...
FREEDOM OF THE PRESSThe Press CANPrint any political positionSatirize people, especially politiciansExpose wrongs by th...
THE PENTAGON PAPERSThe Most Dangerous Man inAmerica
US V. NEW YORK TIMES (1971)Former defense analyst DanielEllsbergleaked govt. docs. regarding warefforts during Johnson’sa...
LIMITS ON FREE PRESSThe pressCANNOTCommit libel –intentionallyinjuring aperson’sreputation byputting falsefacts into writ...
2ND AMENDMENTThe 2nd Amendmentprotects the right tobear arms, whichmeans the right to owna gun.“A well regulated Militia...
3RD AMENDMENTwe cannot be forced tohouse or quarter soldiers.3s a crowd!!“No soldier shall, in time of peace bequartered ...
4TH AMENDMENT – SEARCH ANDSEIZUREImagine this…I take you to the library classroom, andeveryone brings their backpack. At ...
4TH AMENDMENT The 4th Amendment protects the people fromunreasonable searches and seizures. the police must have a warra...
MAPP V. OHIO
exclusionary rule -forbids the use ofevidence obtainedthrough illegalsearch in a criminaltrial“good faith”exception toexcl...
WARRANTLESS SEARCHESConsent search - If an individual voluntarilyconsents (agrees to) a search, no warrant isneeded. Subj...
 protective sweep search - following an arrest, if theyreasonably believe that a dangerous accomplice may behiding in an ...
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 AMENDMENTThe 5th Amendmentprotects people frombeing held forcommitting a crime unlessthey are properlyindicted, (accu...
6TH AMENDMENT The 6th Amendmentguarantees a speedy trial (youcan’t be kept in jail for over ayear without a trial) an im...
7TH AMENDMENTThe 7th Amendment guarantees the right to aspeedy civil trial.A civil trial differs from a criminal trial. ...
8TH AMENDMENTThe 8th Amendment guarantees thatpunishments will be fair and not cruel, andthat extraordinarily large fines...
9TH AMENDMENTAll rights not stated in the Constitution andnot forbidden by the Constitution belong tothe people.This mea...
10TH AMENDMENTThe 10th Amendment states that any power notgranted to the federal government belongs to thestates or to th...
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 wea...
Bill of Rights - Civil Liberties
Bill of Rights - Civil Liberties
Bill of Rights - Civil Liberties
Bill of Rights - Civil Liberties
Bill of Rights - Civil Liberties
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Bill of Rights - Civil Liberties

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  • Keira Knightley has won a high court damages libel against a story the Daily Mail printed about her earlier this year.The Pirates Of The Caribbean actress was accused by the newspaper of having an eating disorder. They also made out she was responsible for the death of a young girl who suffered from anorexia.The article the newspaper ran was headed: "If pictures like this one of Keira carried a health warning, my darling daughter might have lived" accompanied by a photograph of a very thin looking Keira wearing a bikini.
  • JAY-Z’S99 PROBLEMS, VERSE 2: A CLOSE READING WITH FOURTH AMENDMENT GUIDANCE FOR COPS AND PERPShttp://slu.edu/Documents/law/Law%20Journal/Archives/LJ56-2_Mason_Article.pdf
  • Transcript of "Bill of Rights - Civil Liberties"

    1. 1. 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.
    2. 2. 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…
    3. 3. AMENDMENT VIDEOSwww.myhistoryteach.comCivics and GovernmentLiberty and Justice for AllTIME Magazine - Your Bill ofRights – select the amendmentyou’ve been assigned!
    4. 4. THE BILL OF RIGHTS
    5. 5. REMEMBERING THE BILL OFRIGHTS!!!Video
    6. 6. 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?
    7. 7. FOR WHAT IT’S WORTHBY BUFFALO SPRINGFIELDWhen do you think this song wasrecorded?What is its message?How does it relate to the Bill ofRights?
    8. 8. • Why could one make theargument that freedom ofspeech is the most important ofour civil liberties?• How can the courts balanceindividual rights with thecommon good?
    9. 9. DO YOU KNOW YOUR FIRSTAMENDMENT RIGHTS?
    10. 10. Flag burning is constitutional as a means ofpolitical protest.TrueFalseIt depends
    11. 11. 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
    12. 12. Your school can censor an article you writefor the school-sponsored newspaper.TrueFalseIt depends
    13. 13. Federal courts can force journalists to revealsecret sources.TrueFalseIt depends
    14. 14. 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
    15. 15. 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)
    16. 16. TYPESOFSPEECHPure speech – verbal expression of thoughtand opinion before an audience that haschosen to listen; strongest protectionagainst government controlSymbolic speech – expressive conduct –use of actions and symbols to expressopinions3 Part test for symbolic speech – the govtcan regulate or forbid expressive conduct ifthe regulationFalls within the constitutional power of thegovernmentIs narrowly drawn to further anotherinterest of the governmentLeaves other outlets for communicationfreeUS v O’Brien1968
    17. 17. …OR IS IT??…OR IS IT??
    18. 18. WESTBORO BAPTIST CHURCHSnyder v. Phelps (2010) 8-1 (Alito dissenting)
    19. 19. 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."
    20. 20. REGULATING SPEECH
    21. 21. 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
    22. 22. 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)
    23. 23. WHAT CAN WE SAY?In your notebook, make 2 columns – CANand CANNOTIn each column, list at least 3 things thatyou can and cannot say according to your1st amendment right to free speech
    24. 24. 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)
    25. 25. 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
    26. 26. STUDENTSPEECH??Morse v. Frederick(2007)Tinker v. DesMoines(1969) – students haveright to freedom of speechso long as it is not adisruption to the learningenvironment
    27. 27. MORSE V. FREDERICKSummarize 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??
    28. 28. 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.”
    29. 29. STUDENT FREE SPEECH AND SOCIALMEDIA
    30. 30. BANNED FROM PROMThis girl was banned fromprom for wearing aConfederate flag dress.Does her first amendmentright to freespeech/expression coverher in this situation?
    31. 31. FREEDOM OF THE PRESSThe Press CANPrint any political positionSatirize people, especially politiciansExpose wrongs by the governmentReport the news even controversial events and issuesNYT Endorsements through theAges
    32. 32. THE PENTAGON PAPERSThe Most Dangerous Man inAmerica
    33. 33. US V. NEW YORK TIMES (1971)Former defense analyst DanielEllsbergleaked govt. docs. regarding warefforts during Johnson’sadministration to theNew York Times who published themin 1971Pentagon 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!
    34. 34. LIMITS ON FREE PRESSThe pressCANNOTCommit libel –intentionallyinjuring aperson’sreputation byputting falsefacts into writing
    35. 35. 2ND AMENDMENTThe 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.”
    36. 36. 3RD AMENDMENTwe 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.”
    37. 37. 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??
    38. 38. 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!”
    39. 39. MAPP V. OHIO
    40. 40. 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
    41. 41. WARRANTLESS SEARCHESConsent 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
    42. 42.  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.
    43. 43. DIRECTIONS: EXAMINE EACHSITUATION CAREFULLY, ANDDETERMINE WHETHER IT IS A LEGAL(L) OR AN ILLEGAL (I) SEARCH.
    44. 44. WHEN CAN YOU USE A TRAFFIC STOPTO SEARCH FOR DRUGS?JAY-Z AND THE 4TH AMENDMENT
    45. 45. 5TH AMENDMENTThe 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
    46. 46. 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!!
    47. 47. 7TH AMENDMENTThe 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.
    48. 48. 8TH AMENDMENTThe 8th Amendment guarantees thatpunishments will be fair and not cruel, andthat extraordinarily large fines will not beset.
    49. 49. 9TH AMENDMENTAll 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.
    50. 50. 10TH AMENDMENTThe 10th Amendment states that any power notgranted to the federal government belongs to thestates or to the people.STOP, federalgovernment!!!
    51. 51. READ EACH OF THE IMAGINARYNEWS HEADLINES BELOW. INDICATEWHICH AMENDMENT RELATES TOTHE HEADLINES.
    52. 52. KNOW YOURRIGHTS!!Supreme Court cases that everyteen should know
    53. 53. 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.
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