1st Amendment: Freedom of Religion

Example A. Write/Pair/Share: Is Cheeseism Protected Religious Expression (a legal religion)? Why or why not?

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? Why or why not?

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? Why or why not?

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? Why or why not?.

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

1st Amendment: Freedom of Religion

•There 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 can’t 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 political “speech.” This is offensive, but it doesn’t harm anybody.

(Supreme Court Case Texas v. Johnson, 1989)

Example B: Write/Pair/Share: This is a prank. There is no fire. 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 public.

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.

1st Amendment—Freedom of Speech

• “Speech” = writing or protesting, not just talking. It includes any actions that express opinions.

• Americans can publicly criticize the government and each other, even if it’s offensive, racist or crazy.

• However, “speech” that threatens individual or public safety is still illegal.

1st Amendment—Freedom of Assembly

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

Why or why not?

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?

Why or why not?

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? Why or why not?

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? Why or why not?

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

Example E: Write/Pair/Share: UC Davis. Was the officer’s action legal or did he violate the right to free assembly? Why or why

not?

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

1st Amendment—Freedom of Assembly

• Americans can assemble (gather) on public property to protest or rally.

• However, violence, inciting violence, closing streets, or trespassing on private property are still illegal.

The 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 isn’t 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 retreat”—if you can walk away safely, you can’t legally shoot somebody threatening you. The other ½ have “stand your ground” laws

—if somebody threatens you, you can shoot them in self-defense. No need to retreat. All states have “the castle

defense”—in your own home, you can immediately and legally shoot intruders.

2nd Amendment—The Right to Bear Arms• Many believe it only applied to Americans fighting against a

foreign invasion, back when we didn’t 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? Why or why not?

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. B’s consent, to legally detain and question him.

Example B: Write/Pair/Share: It’s 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 driver’s 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, briefly question him, and glance inside his car, but

that’s 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? Why or why not?

Example C: No, this was an illegal search. Police would need either the home owner’s 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 woman’s 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 example—if they hear a gun shot or see people taking drugs inside). If there

is evidence of criminal activity “in plain sight,” they can use it against her.

4th Amendment—Searches and Seizures

• Police 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 Amendment—Searches and Seizures

• Before searching a suspect’s 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? Why or

why not?

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? Why or why not?

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? Why or why not?

Example C: No. The 5th Amendment protects us from “Self-Incrimination” once they arrest and

interrogate a suspect. His confession cannot even be mentioned to the jury. If the police can’t find any

other evidence against him, he must be released.

5th Amendment—Legal Rights• Protects against double jeopardy—being tried more than

once with the same crime.• Prohibits self-incrimination—police forcing people to say

things that can be used against them later (Miranda rights) + “taking the 5th” at trial.

6th Amendment—The right to a fair trial. Interpret this image.

Example A: Write/Pair/Share: A violent gang leader is charged with 7 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 judge’s 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 doesn’t 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. The DA says that they have a witness who

saw the cartel leader kill somebody. The defendant’s lawyer asks to question the witness face to face, the judge says no, because the witness might be killed later for testifying. Is this legal? Why

or why not?

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 for safety, or be placed in witness protection, but the defendant’s lawyer

still has the right to question the witness.

Example C: Write/Pair/Share: The FBI arrests a Russian spy. They refuse to tell him what crime he is accused of, for national

security reasons. Is the FBI 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, even accused spies.

Otherwise, they will not be able to defend themselves against that charge.

6th Amendment—Criminal Trials• The 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.• You’re innocent until proven guilty.

The 8th Amendment: “Cruel and Unusual Punishment.”

Example A: Write/Pair/Share: A man is accused of shoplifting. This is the 5th time he has been arrested for stealing from that store. His lawyer asks the judge for bail. The judge says, “This

man will continue to steal if he is allowed out of jail. 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. In addition, if the defendant is a “flight

risk” high bail may be set.

Example B: Write/Pair/Share: The 8th Amendment prohibits “cruel and unusual punishment.” In your

opinion, is hanging a convicted murderer “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 hanging is

“cruel and unusual” and replaced it with the electric chair.

Example C: WRITE/PAIR/SHARE: A serial killer is sentenced to death. The judge orders him executed by

the electric chair. Is this “cruel and unusual” punishment and therefore illegal? Why or why not?

Example C: Not in most states. The electric chair used to be considered “humane” but “evolving standards of decency” have changed the law. Most executions today use lethal injection, which is supposed to be painless.

Do you think this is right or wrong?

8th Amendment—Bail and Punishments

• Bail must be a reasonable amount of money.• Punishments can’t 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.

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