The Bill of Rights

1. The Bill of Rights Amendment 1

2. Getting to Know the1st Amendment • The first half of the amendment deals with the freedom of religion. • It was originally needed: • Colonists were accustomed to gov’t $ going towards churches. • Most left Britain to be free from religious persecution. • Toleration is necessary for a peaceful society.

3. Key Belief • The establishment of separating church and state was necessary. Meaning that: • Religion could be found in public places, but no money could support it.

4. Freedom of Religion • The government cannot: • establish any national religion • or prevent free exercise of religion • Originally, this only applied to Federal government. • In 1925, Gitlow v. NY est. that it also applied to State and Local gov’t.

5. And the Other Half… • The second half of the 1st Amendment deals with the freedom of speech. • It was originally needed: • The Act of 1622 had authorized royal officials to seize printed works and license work before publication. • John Peter Zinger had been put to trial for criticizing English gov’t.

6. Freedom of Speech • Hugo Black was known as the hero of the 1st Amendment, because he protected the speaker by not punishing them for words. • Symbolic Speech is also protected, which are actions that express an idea. • Campaign buttons, hang flag upside down, don’t have to salute flag Hugo Black was the second longest-serving justice in Supreme Court history.

7. Limits on Free Speech • The Constitution never officially stated that there are no limits to free speech. • National Security • Fighting words – provoke hostile reactions that might inflict injury • Obscenity

8. Other Freedoms in the 1st Amendment • Freedom of association. • Freedom of the press. • Can’t keep papers from being published • Still accountable for libel injury to character or reputation (tabloids)

9. The Bill of Rights Amendments 4 & 5

10. Costs and Benefits of Privacy • Benefits • Freedom • Security • Individuality • Protection of economic interests • Creativity • Intimacy • Costs • Loneliness • Loss of stimulation and intellectual growth • Misbehavior and lawlessness • Financial costs • Lack of accountability

11. Considerations in issues of privacy • Consent (to give permission) • Did someone consent to the invasion of privacy? • Legality (according to law) • Do those who are invading privacy have LEGAL RIGHT to do so? • Legal Obligation (law requires it) • Does the person have the legal responsibility (enforced by law) to maintain privacy of another? • Moral Obligation (ethics requires it) • Does the person have the right to maintain privacy based on what is right or wrong?

12. The 4th Amendment • It protects four areas: • Person – Stop & Frisk • Determines when police can stop someone. • Allowed to question someone with reasonable suspicion. • Examples: having already committed or committing a crime • Allowed to frisk without a warrant. • Home • Police can’t enter w/o a warrant, which needs to state specifically what will be searched. • Exceptions are hot pursuit. This means a person who runs into a house can be chased into it. • A person can also consent.

13. The 4th Amendment cont’d • Eavesdropping – Forbid police from wiretapping w/o a warrant. • Can get an eavesdropping warrant. • Automobiles – Under some circumstances, a car can be searched w/o a warrant.

14. Critical Issues in the4th Amendment • Only applies to federal or state action. • These rights are personal. If you rob a house and hide in your grandma’s house, your grandma’s right to privacy does not cover you. • Contraband in plain view can be seized. • Good faith exception: • Judge can issue a warrant even if there is not strong evidence.

15. The 5th Amendment • Indictment by a grand jury • Group of people decide if there is enough evidence for a case to be heard. • Double Jeopardy • Can’t be tried twice for the same crime. • If a person is convicted, and conviction is reversed by appeal, a new trial can take place.

16. The 5th Amendment cont’d • Right Against Self Incrimination • Can’t be forced to give evidence (testimony) about one’s actions. • Deals with giving testimony about actions. • It is constitutional to give requested personal evidence such as height, hair sample, DNA, fingerprints, etc. • Do not have to testify during the trial. • A coerced confession may not be used in court.

17. The 5th Amendment cont’d • The “Miranda Warning” • You have the right to remain silent • Anything you say can be used in a court of law • You have the right to an attorney • If you can’t afford an attorney, one will be provided • Must be given after arrest • Due Process: Right to be treated fairly

18. Ask the Officer: • Work with your groups to create 3 relevant questions for the visiting police officer. Your questions should relate to rights contained in the Bill of Rights, (1st, 4th, 5th especially) as they relate to citizen/student/teens’ rights and police responsibilities.

19. The 6th Amendment • Deals with the Rights of the Accused • *Right to trial by an impartial jury. • Most juries are made up of 12 people, but that is not law. • *Right to a speedy trial. • *Right to a public trial. • Media can be present during courtroom proceedings. Some trials have been closed to the public for safety or confidentiality reasons.

20. The 6th Amendment cont’d • A jury trial happens when someone could be sentenced to 6 months in jail or more. • *Right to legal counsel • You must be 18 to be eligible to be a juror. • Right of Confrontation: • A defendant and their attorneys have the right to cross examine witnesses against them.

21. The 8th Amendment • Deals with Punishment. • *No Excessive Bail: • Makes sure someone will return to court • Prevents courts from setting unreasonable bail • *No Cruel and Unusual Punishment: • Can’t involve unnecessary pain • Must be in proportion with crime committed

22. The 8th Amendment cont’d • *Limits on the Death Penalty today: • Can’t execute mentally disabled • A death of victim must be involved • Can’t execute those under 18 • Jury must issue death penalty

23. The 2nd & 3rd Amendments • Amendment 2 was originally written to protect citizens from an oppressive gov’t, and provide extra military support through militias. • Gun control laws currently deal with this amendment. Amendment 3: Denies quartering of soldiers

24. Response Questions for the 2nd Amendment • In your opinion, would a mandatory waiting period of seven days before a citizen could purchase a handgun be a wise public policy or not? Give solid reasons for your position. • Do you believe that the often-cited slogan “If guns are outlawed, then only outlaws will have guns” is true or not? Explain. • Does the 2nd Amendment to the U.S. Constitution guarantee every American citizen the right to own a gun? Explain your answer.