1. WHY DID THE FOUNDING FATHERS
ALLOW FOR AMENDMENTS
(CHANGES OR ADDITIONS) TO THE
CONSTITUTION?
To ensure that the Constitution would be
dynamic – that it would change along
with changes in American society.
2.
3. CIVIL RIGHTS V. CIVIL LIBERTIES:
WHAT’S THE DIFFERENCE??
Civil rights – right to be
free from unequal
treatment based on
race, gender, sexuality, dis
ability, etc.
Civil liberties – specific
rights you are guaranteed
by the Bill of
Rights, interpreted by the
courts over time…
7. Describe this picture. What is happening?
Can anybody in these pictures get in trouble for
what they are doing?
Why would people participate in this activity?
8. FOR WHAT IT’S WORTH
BY BUFFALO SPRINGFIELD
When do you think this song was
recorded?
What is its message?
How does it relate to the Bill of
Rights?
9.
10.
11. • Why could one make the
argument that freedom of
speech is the most important of
our civil liberties?
• How can the courts balance
individual rights with the
common good?
13. Flag burning is constitutional as a means of
political protest.
True
False
It depends
14. Your friend is running for student body
president and you're the campaign
manager. You print up posters on which
you knowingly make false claims about
your opponent. His campaign objects, but
the First Amendment allows you to do this.
True
False
It depends
15. Your school can censor an article you write
for the school-sponsored newspaper.
True
False
It depends
16. Federal courts can force journalists to reveal
secret sources.
True
False
It depends
17. If you want to organize a demonstration, you
need to check the population of the town
you're in-- there are limits on the number of
people who can participate based upon the
local population.
True
False
It depends
18. 1ST AMENDMENT
The 1st Amendment guarantees
freedom of religion, speech, the press,
assembly, and petition.
This means that we all have the right
to:
practice any religion we want to
to speak freely
to assemble (meet)
to address the government
(petition)
to publish newspapers, TV, radio,
Internet (press)
19. TYPES
OF
SPEECH
Pure speech – verbal expression of thought
and opinion before an audience that has
chosen to listen; strongest protection
against government control
Symbolic speech – expressive conduct –
use of actions and symbols to express
opinions
3 Part test for symbolic speech – the govt
can regulate or forbid expressive conduct if
the regulation
Falls within the constitutional power of the
government
Is narrowly drawn to further another
interest of the government
Leaves other outlets for communication
free
US v O’Brien
1968
22. JUSTICE ROBERTS IN THE MAJORITY
OPINION
"Speech is powerful. It can stir people to
action, move them to tears of both joy and
sorrow, and - as it did here - inflict great pain.
On the facts before us, we cannot react to
that pain by punishing the speaker. As a
Nation we have chosen a different course - to
protect even hurtful speech on public issues
to ensure that we do not stifle public debate.
That choice requires that we shield Westboro
from tort liability for its picketing in this case."
24. 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 an
immediate danger; free speech is especially limited in times of
war (Schenck v. US 1919)
The bad tendency doctrine – speech could be restricted if it
has a tendency to lead to illegal action (Gitlow v. NY 1925)
The preferred position doctrine – 1st amendment freedoms are
the basis of all liberties, and are, therefore, the most
important. Any law limiting 1st amendment rights should be
PRESUMED unconstitutional unless it can be shown o be
necessary
25. SEDITIOUS SPEECH
speech that urges resistance to authority or overthrow of the
government
There’s a difference between urging people to believe it is
necessary to overthrow the government and actually urging them
to take action (Yates v US 1951)
Free to advocate force, but cannot incite
people to use force (Brandenburg v. Ohio
1969)
26. WHAT CAN WE SAY?
In your notebook, make 2 columns – CAN
and CANNOT
In each column, list at least 3 things that
you can and cannot say according to your
1st amendment right to free speech
27. PEOPLE CAN
State their political
beliefs, including criticizing the
government
Peacefully protest (peaceably
assemble – 1st amendment
right)
Say things about someone that
are true
Gestures – staying seated
during the pledge, burning the
flag, art, lyrics, posters, etc.
Tinker v.
DesMoines
(1969)
US V. EICHMAN
(1990)
28. LIMITS ON SPEECH
People CANNOT
Clear and Present Danger
Put the public in danger – yelling “Fire!” in a crowded
theater!
Incite (start) violence/riots
Make threats (ie. To blow up airplanes)
Harass
Commit slander: untruthful spoken words that damages
another’s reputation
Commit libel
Use obscenities in a public forum
Disrespectful, vulgar language in schools
30. MORSE V. FREDERICK
Summarize the issue that the court must
decide in this case.
How do you think the court should rule? In
favor of the students or the district?
WHY??
31. MORSE V. FREDERICK (2007)
The Court decided against Frederick (5-4)
public school officials can censor student speech
that could be reasonably understood to promote
illegal drugs.
Schools have the responsibility to deter drug use
among its students
“The concern here is not that Frederick’s speech
was offensive, but that it was reasonably viewed as
promoting illegal drug use.”
33. BANNED FROM PROM
This girl was banned from
prom for wearing a
Confederate flag dress.
Does her first amendment
right to free
speech/expression cover
her in this situation?
34. FREEDOM OF THE PRESS
The Press CAN
Print any political position
Satirize people, especially politicians
Expose wrongs by the government
Report the news even controversial events and issues
NYT Endorsements through the
Ages
36. US V. NEW YORK TIMES (1971)
Former defense analyst Daniel
Ellsberg
leaked govt. docs. regarding war
efforts during Johnson’s
administration to the
New York Times who published them
in 1971
Pentagon Papers revealed that the
Govt. misled Congress & Amer.
People regarding its intentions in
Vietnam
- Primary reason for fighting not to
eliminate communism, but to avoid
humiliating defeat.
Free press v. Govt. need for security
FREE PRESS WINS!
37. LIMITS ON FREE PRESS
The press
CANNOT
Commit libel –
intentionally
injuring a
person’s
reputation by
putting false
facts into writing
38. 2ND AMENDMENT
The 2nd Amendment
protects the right to
bear arms, which
means the right to own
a gun.
“A well regulated Militia,
being necessary to the
security of a free State,
the right of the people to
keep and bear Arms,
shall not be infringed.”
39. 3RD AMENDMENT
we cannot be forced to
house or quarter soldiers.
3s a crowd!!
“No soldier shall, in time of peace be
quartered in any house, without the
consent of the owner, nor in time of war,
but in a manner to be prescribed by law.”
40. 4TH AMENDMENT – SEARCH AND
SEIZURE
Imagine this…
I take you to the library classroom, and
everyone brings their backpack. At the end
of class, a girl screams, “Someone took my
phone!” The only person that could have
taken it is in the room (for this activity, we’re
assuming no one left the room)
WHAT SHOULD HAPPEN NEXT??
41. 4TH AMENDMENT
The 4th Amendment protects the people from
unreasonable 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 probable
cause (good reason).
“knock, k
nock!”
43. exclusionary rule -
forbids the use of
evidence obtained
through illegal
search in a criminal
trial
“good faith”
exception to
exclusionary rule -
permits the courts
to consider the
mental state of the
police officer
44. WARRANTLESS SEARCHES
Consent search - If an individual voluntarily
consents (agrees to) a search, no warrant is
needed. Subject must be in control of the
area.
plain view search –To be legal, the officer
must be in a place he has the right to be in
and the object he seizes must be plainly
visible in this location.
search incident to arrest - if a suspect has
been legally arrested, the policy can search
them and the area within their immediate
control
45. protective sweep search - following an arrest, if they
reasonably believe that a dangerous accomplice may be
hiding in an area near where the defendant was arrested.
Police are allowed to walk through a residence and
complete a "cursory visual inspection" without a warrant.
If evidence of or related to a criminal activity is in plain
view during the search, the evidence may be legally
seized.
“Terry” Stop – If the police stop a car based on probable
cause, they can search for objects related to the reason
for the stop without obtaining a warrant. During a car
search, the police are also allowed to frisk the subject for
weapons, even without a warrant if they have reasonable
suspicion that the suspects may be involved in illegal
activities.
49. WHEN CAN YOU USE A TRAFFIC STOP
TO SEARCH FOR DRUGS?
JAY-Z AND THE 4TH AMENDMENT
50. 5TH AMENDMENT
The 5th Amendment
protects people from
being held for
committing a crime unless
they are properly
indicted, (accused)
You may not be tried
twice for the same crime
(double jeopardy)
You don’t have to testify
against yourself in court.
(Self-incrimination)
OJ & Double
Jeopardy
51. 6TH AMENDMENT
The 6th Amendment
guarantees a speedy trial (you
can’t be kept in jail for over a
year without a trial)
an impartial jury (doesn‘t
already think you are guilty)
that the accused can confront
witnesses against them
the accused must be allowed
to have a lawyer
Let’s speed things up!!
52. 7TH AMENDMENT
The 7th Amendment guarantees the right to a
speedy civil trial.
A civil trial differs from a criminal trial. A civil trial is
when someone sues someone else. A criminal trial
is when the state tries to convict someone of a
crime.
53. 8TH AMENDMENT
The 8th Amendment guarantees that
punishments will be fair and not cruel, and
that extraordinarily large fines will not be
set.
54. 9TH AMENDMENT
All rights not stated in the Constitution and
not forbidden by the Constitution belong to
the people.
This means that the states can do what
they want if the Constitution does not
forbid it.
55. 10TH AMENDMENT
The 10th Amendment states that any power not
granted to the federal government belongs to the
states or to the people.
STOP, federal
government!!!
56. READ EACH OF THE IMAGINARY
NEWS HEADLINES BELOW. INDICATE
WHICH AMENDMENT RELATES TO
THE HEADLINES.
58. 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 to
school, regardless of the message.
• Physical discipline in school is a violation of my constitutional
rights.
• As a student at a public school, I’m prohibited from praying in
school.
• In any case, regardless of its severity, a juvenile can be tried
and punished as an adult.
• If I wanted to write a controversial article in the school
newspaper, it cannot be censored by the school because I am
exercising my first amendment right of freedom of expression.
• My school cannot impose a mandatory drug testing policy on
any of its students.
• I am allowed to start a religious club at my school.
Editor's Notes
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
