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1st Amendment: Freedom of Religion

Example A. Write/Pair/Share: Is Cheeseism Protected Religious Expression (a legal religion)? Explain.

Example A. Legal. The government cannot ban a religion just b/c it is weird, I mean awesome.

Example B. Write/Pair/Share: What if Mr. B tried to spread this religion at school? Legal? Explain.

Example B. If Mr. B tried to spread any religion at school, it would be illegal b/c he is a government employee. Separation of Church and State.

Example C. Write/Pair/Share: Students praying at school. Is it legal? Explain.

Example C. Individual students praying at school is legal, but if a teacher leads the prayer, it is illegal. (Lemon v Kurtzman, 1971)

Example D. Write/Pair/Share: Is This Protected Religious Expression? Explain.

Example D. Evil but legal. Even Satanists are protected by the 1st Amendment, as long as they dont hurt anybody.

Example E. Write/Pair/Share: Is This Protected Religious Expression? Explain.

Example E. Illegal. In most cases, you cannot use religion as an excuse for a criminal act.

1st Amendment: Freedom of ReligionThere can be no official, government religion of the USA.Separation of Church and State = government and religion cannot mix. The government cannot ban a religion just because it is unpopular or strange.BUT, in most cases, you cant do anything illegal in the name of religion.

1st Amendment: Freedom of Speech

Example A: Write/Pair/Share: Is this legal (protected) speech? Why or why not?

Example A: Protected speech. This is offensive, but it doesnt harm anybody. (Supreme Court Case Texas v. Johnson, 1989)

Example B: Write/Pair/Share: This is a prank. Is this legal (protected) speech? Why or why not?

Example B: Not protected speech, b/c it endangers public safety. Same as pulling fire alarm as a prank.

Example C: Write/Pair/Share: Is this legal if he wears it in public?

Example C: It is legal (protected) speech to dress like this in most places.

Example D: Write/Pair/Share: If somebody wore this to school, would it be legal (protected) speech?

Example D: If it interferes with the functions of an institution (school, military unit, prison), wearing this would not be protected speech. If he works for a private company, his boss might also be able to fire him.

Example E: Write/Pair/Share: Is this legal (protected) speech?

Difference with flag? Also, whose property? 22Example E: If they burn this on somebody elses property, its a threat + trespassing and therefore not protected. If its KKK property, its protected.

Difference with flag? Also, whose property? 231st AmendmentFreedom of SpeechSpeech = writing or protesting, not just talking. It includes any actions that express opinions. Americans can publicly criticize the government and each other, even if its offensive, racist or crazy.However, speech that threatens individual or public safety is still illegal.

1st AmendmentFreedom of Assembly

Example A: Write/Pair/Share: Is this legal (protected) assembly?

Example A: This is legal (protected) assembly, as long as nobody blocks streets, trespasses or threatens anybody with harm.

Example B: Write/Pair/Share: Is this legal (protected) assembly?

Example B: This is not protected assembly, because the protestor is threatening somebody.

Example C: These people protest at funerals of gay people and of soldiers killed in Iraq/Afghanistan. Write/Pair/Share: Is this legal (protected) assembly?

Example C: A federal appeals court ruled that these protestors can rally at funerals, but they must stay at least 300 ft. away.

Example D: Anarchists used the Occupy Oakland protests to attack buildings owned by big corporations. Write/Pair/Share: Is this legal (protected) assembly?

Example D: Illegal. Destruction of property is not a protected form of assembly.

Example E: Write/Pair/Share: UC Davis. Was the officers action legal or did he violate the right to free assembly?

Example E: Unclear. They were blocking the road. However, UC Davis later compensated the protestors $1 million.

1st AmendmentFreedom of AssemblyAmericans can assemble (gather) on public property to protest or rally. However, violence, inciting violence, closing streets, or trespassing on private property are still illegal.

`36The 2nd Amendment: Can Individuals Have Guns or Just Militias?A well regulated militia [armed self-defense group] being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed [taken away].Example A: Write/Pair/Share: Can anybody in the U.S. buy a gun? Who isnt allowed to buy a gun?

Example A: In most states, felons, minors (under the age of 18 in CA) and violently mentally ill people are not allowed to buy guns. Everybody else can.

Example B: Write/Pair/Share: Can Americans buy any kind of guns they want? What limits, if any, are there?

Example B: There are very few limits on the kind of guns Americans can buy. CA and a few other states prohibit assault rifles. Fully automatic rifles and plastic guns are prohibited all over the U.S.

Example C: Write/Pair/Share: Where can Americans legally carry a gun? Is this prohibited?

Example C: Most states allow concealed carry. Many allow open carry too. What about CA?

Example D: Write/Pair/Share: When and where is it legal to shoot somebody?

Example D: 1/2 the states have an obligation to retreatif you can walk away safely, you cant legally shoot somebody threatening you. The other have stand your ground lawsif somebody threatens you, you can shoot them in self-defense. No need to retreat. All states have the castle defensein your own home, you can immediately and legally shoot intruders.

2nd AmendmentThe Right to Bear ArmsMany believe it only applied to Americans fighting against a foreign invasion, back when we didnt have an army. Others, such as the NRA (National Rifle Association) argue that it gives every individual the right to own guns with very few limits. The NRA is winning the debate.

The price we pay?

The 4th Amendment: Search and SeizureWhen can police enter your home? When can they question, detain, arrest, or search you?

Example A: Write/Pair/Share: Police stop and question Mr. B for driving a suspicious looking vehicle. Mr. B was following traffic laws. They detain him for 30 minutes, despite him asking to go several times. Would this be a legal stop?

Example A: Not a legal stop. Police would need reasonable suspicion that Mr. B committed a crime, or matched the description of a suspect, or Mr. Bs consent, to legally detain and question him.

Example B: Write/Pair/Share: Its midnight in a school parking lot. Police see a man sitting in his car. Why is he there? They ask him to open his trunk, but the man says no. They do it anyway and find illegal drugs. Could this evidence be used against him in court?

Example B: Probably not. Police would need either the drivers consent to search the car or probable cause that he committed a crime (matching the description of a suspect, smelling like drugs, acting stoned), to legally search his trunk. They can ask him for ID and briefly question him, but thats about it.

Example C: Write/Pair/Share: Police suspect that a woman is a drug dealer, so they knock on her door and ask to search her house. The woman says no. Police enter anyway and find drugs, guns, scales, Ziploc bags, and a lot of cash. Could this evidence be used against her in court?

Example C: No, this was an illegal search. Police would need either the home owners consent to search the house or a warrant, signed by a judge. Before issuing the warrant, police would have to convince the judge that they have probable cause (significant evidence) that she is a dealer.

Example D: Write/Pair/Share: Police chase a man suspected of an assault into that same womans house. She tries to stop them from entering, but they get past her and arrest the man. They then find drugs, guns, scales, Ziploc bags, and a lot of cash. Could this evidence be used against her in court?

Example D: Yes. Even though she did not consent to the search, police do not need a warrant to enter a home when they are in hot pursuit of a suspect, or if there is clear evidence that a crime is taking place inside at that very moment (for exampleif they hear a gun shot or see people taking drugs inside).

4th AmendmentSearches and SeizuresPolice can stop and question somebody if they have reasonable suspicion of a crime.Police can search somebody if they have probable cause to believe they are concealing something illegal.4th AmendmentSearches and SeizuresBefore searching a suspects home, police must ask a judge for a warrant that says who will be arrested and/or what evidence they will search for.However, police may enter a home in hot pursuit of a suspect or to stop a crime in progress.

Example A: Write/Pair/Share: A man is charged with murder. At his trial, a judge decides that he is guilty and sentences him to life in prison. Is this legal under the 5th Amendment?

Example A: No. The 5th Amendment guarantees people accused of a serious crime the right to a trial by jury. 12 randomly selected adults from the community decide whether the person is innocent or guilty. The judge is there only to run the trial and to determine the sentence.

Example B: Write/Pair/Share: A man is convicted of bank robbery, but he has a great lawyer and only serves 2 years. After he gets out, he puts a video on YouTube with footage of him robbing the bank and writes a comment mocking the court. He is arrested, found guilty again, and put back into prison, this time for 10 years. Is this legal under the 5th Amendment?

Example B: No. The 5th Amendment protects us from Double Jeopardy. Nobody can be tried again for the same crime, even if the system messed up the first time.

Example C: Write/Pair/Share: Police question a murder suspect for 15 minutes. He tells him that he did it. At that point, the police inform him that anything he says will be used against him in court. He then refuses to talk anymore. Can prosecutors use his confession in court against him?

Example C: No. The 5th Amendment protects us from Self-Incrimination. His confession cannot even be mentioned to the jury. If the police cant find any other evidence against him, he must be released.

5th AmendmentLegal RightsProtects against double jeopardybeing tried more than once with the same crime.Prohibits self-incriminationpolice forcing people to say things that can be used against them later (Miranda rights) + taking the 5th at trial.Due process of lawclear, reasonable rules for everybody.

Example A: Write/Pair/Share: A violent gang member is charged with 12 murders. The judge decides that he is so dangerous, his trial has to be held in secret. The public will not be told when and where his trial will happen. Is the judges decision legal? Why or why not?

Example A: No: The 6th Amendment prohibits secret trials, though some evidence that reveals government secrets can be kept from a jury. It requires public trials so that the family and the press can make sure that the trial is fair + a speedy trial so that the defendant doesnt stay in jail for years waiting for his/her day in court.

Example B: Write/Pair/Share: A drug cartel leader is put on trial in the United States for running a violent criminal organization. The DA says that they have a witness who saw the cartel leader kill somebody, but when he asks if his lawyer can question the witness face to face, the judge says no, because the witness might be killed later for testifying. Is this legal?

Example B: No: The 6th Amendment states that everybody has the right to question witnesses against them in court. In some cases, the witness may have his/her identify disguised or be placed in witness protection, but the defendants lawyer still has the right to question the witness.

Example C: Write/Pair/Share: Police pick up a man and take him to jail. They refuse to tell him what crime he is accused of. Are the police required to tell him the charge? Why or why not?

Example C: Yes. The 6th Amendment requires police to tell suspects what they are charged with. Otherwise, they will not be able to defend themselves against that charge.

6th AmendmentCriminal TrialsThe government has huge power and resources. The 6th Amendment gives individuals (defendants) a fair chance. Trials must be speedy and public. No secret trials.The right to know the charge.The right to question witnesses against you.The right to an attorney.Youre innocent until proven guilty.Example A: Write/Pair/Share: A man is accused of shoplifting. This is the 5th time he has been arrested for shoplifting. His lawyer asks the judge for bail. The judge says, Bail is set at $500,000. Is this legal? Why or why not?

Example A: No. The 8th Amendment prohibits excessive bail which means that the amount of money a judge can require for a suspect to be let out of jail pending his trial must match the severity of the crime.

Example B: Write/Pair/Share: The 8th Amendment prohibits cruel and unusual punishment. In your opinion, is hanging somebody condemned to death cruel and unusual? Should the government be allowed to do this?

Example B: No. Hanging convicted criminals used to be legal, but the Supreme Court later ruled that it is

8th AmendmentBail and PunishmentsBail must be a reasonable amount of money.Punishments cant be cruel or unreasonable. That means no torture, no 99 year sentences for shoplifting, etc.Some argue that the death penalty should be banned under the 8th Amendment. But (for now) this is OK.Our Evolving Standard of Decency is always changing.

Write/Pair/Share: Does the 3 Strikes Law Violate the 8th Amendment?