The Bill of Rights The First 10 Amendments to the Constitution…
Who determines what the B of R mean? • The Supreme Court makes rulings on the meaning, but only if someone brings it to a court. • Incorporation: how the B of R came to applied to the states • Selective Incorporation: how the B of R were applied to the states in a piece meal fashion, not all at once! • The Supreme Court balances the rights of Individuals with the needs of society. (Truly, always remember this) Individual??? Society???
OK, let’s keep it organized! • First Amendment • Religion • Assembly • Press • Petition • Speech For the love of God….know these! I don’t want you showing up on Leno one of these days looking like an idiot because you don’t know the 5 rights protected by the First Amendment!
Freedom of Religion • “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” • Nice! So we have TWO huge concepts here: • Establishment Clause • Free Exercise Clause
Establishment Clause & Free Exercise Clause often conflict w/ each other. • Schools are where the religion issue is most prevalent. • If a student raises their hand and says “Mr. Geoghegan, can we say an opening prayer before this test?” • If I say: • “yes”, it looks like I am establishing a state religion. • “No”, Now I am denying a student free exercise! • Goes back to the rights of the individual v. the rights of society…BTW, no “mandatory” prayer in school.
Establishment Clause: Government • CAN: • Teach ABOUT religion in school • Allow voluntary prayer in many examples • Transport students to a religious school in public school buses • Read Bible for CULTURE or LITERACY CONTENT • CANNOT • Set a state religion • Government cannot order a prayer or read bible (Abington v. Schempp) • Teach religious doctrine in the school • Pay parochial teachers • Teach creationism or intelligent design • The Onion
The Lemon Test • Because so many school prayer cases were being heard, the Supreme Court gave some guidelines in their Lemon v. Kurtzman decision. • The Lemon Test • Must have a secular purpose • Must not either advance or inhibiting religion • Must not result in an “excessive government entanglement” with religion
Free Exercise: A Person • CAN • Choose whatever religion • Lead a prayer in most examples • Ask questions about religion • Worship what ever you want • CAN NOT • Break the law and claim it is religious belief • Raise children without an education • Deprive children of basic needs
Freedom of Speech: "Congress shall make no laws…abridging the freedom of speech”.
Free Speech: A person can…. • Say any political belief • Protest (without getting out of control) • Say things about someone that are true • Burn the flag (Texas v. Johnson)/ symbolic speech: expression by conduct • Say racist and hate slogans (Nationalist Socialist Party v. Village of Skokie) • Free speech means someone might say something you disagree with • School cannot regulate student expression if it does not disrupt the educational process (Tinker v. Des Moines) We will go over this at length later. Symbolic Speech
Free Speech: LIMITS on it • Threaten to blow up airplanes, schools or the president-Clear and present danger rule (Schenck v. US) • Sexual harassment • Create too much social chaos • Extremely crude language in public form • Disrespectful, vulgar language in schools • Hate crimes • In other words, any restriction on this freedom should always be viewed w/ skepticism
Freedom of the Press • Congress shall make no law…abridging….the freedom of the press.”
Freedom of the Press: The press • CAN • Print any political position • Make fun of people, especially politicians • Expose wrongdoings by the government (NY Times v. US 1971) • Say things you might not agree with • CAN NOT • Libel- intentionally injuring a person’s reputation by false facts • Disclose defense-security secrets • No prior restrain: only after the fact
Freedom of Assembly • Congress shall make no law….abridging ….the people to peaceably assemble”
Freedom of Assembly : an individual • CAN • Protest • Parade (with a permit) • Parade chanting hate slogans • Gang members can congregate in public • CAN NOT • Protest by throwing rocks and breaking windows • Hang out on private land against owners will- loitering • Teen curfew
Petition the Government • “Congress shall make no law…abridging ….the people …to petition the government for a redress of grievances”
Petition the government • You may sue the government for wrongs • You cannot be punished for exposing wrongs by the government • The courts decide the wrongs
2nd Amendment: Right to Bear Arms • “ A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”
What is the debate with the right to bear arms? • How can the government keep guns from criminals and youth? • In order to keep guns away form criminals, does that limit the right of law abiding citizens?
Third Amendment • The government cannot force you to shelter soldiers in you home without your consent in time of war or peace.
“The Third Amendment may be last in the court and last in the hearts of its countryman, but we have no reason to assume that it will always be so.” Peggy Noonan