The Bill of Rights

Amendment 1

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.

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.

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.

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.

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.

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

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)

The Bill of Rights

Amendments 4 & 5

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

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?

The 4th Amendment It protects four areas:

1. 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.

2. 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.

The 4th Amendment cont’d

3. Eavesdropping – Forbid police from wiretapping w/o a warrant.

Can get an eavesdropping warrant.

4. Automobiles – Under some circumstances, a car can be searched w/o a warrant.

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.

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.

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.

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

Ask the Officer:

• Work with your groups to create 4 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.

The 6th AmendmentTAKE NOTES

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.

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.

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

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

The 2nd & 3rd Amendments

Amendment 2 was originally written to protect citizens from an oppressive gov’t, and provide extra military support through militias.

“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.”

Gun control laws currently deal with this amendment.

Amendment 3: Denies quartering of soldiers

Response Questions for the 2nd Amendment

1. 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.

2. Do you believe that the slogan “If guns are outlawed, then only outlaws will have guns” is true or not? Explain.

3. Do you think the 2nd Amendment guarantees every American citizen the right to own a gun? Explain your answer.