The Bill of Rights The Bill of Rights and Current and Current

IssuesIssues

The First AmendmentThe First Amendment

Freedom of ReligionFreedom of ReligionFreedom of SpeechFreedom of SpeechFreedom of the PressFreedom of the PressFreedom of AssemblyFreedom of AssemblyFreedom of PetitionFreedom of Petition

Freedom of ReligionFreedom of Religion

““Congress shall make no law respecting Congress shall make no law respecting the establishment of religion or the establishment of religion or prohibiting the free exercise thereof.”prohibiting the free exercise thereof.”

Establishment Clause: What is the Establishment Clause: What is the government prohibited from doing in government prohibited from doing in order to prevent it from “establishing” order to prevent it from “establishing” religion?religion?

Free Exercise Clause: What limits can Free Exercise Clause: What limits can the government place on the “free the government place on the “free exercise” of religion?exercise” of religion?

Establishment Clause IssuesEstablishment Clause Issues

Public (government) schools have Public (government) schools have been a focal point in Establishment been a focal point in Establishment Clause issuesClause issues

School PrayerSchool PrayerCreationism/Intelligent DesignCreationism/Intelligent DesignVouchers to parochial (religious) Vouchers to parochial (religious)

schoolsschoolsBible classesBible classes

Other Establishment Clause Other Establishment Clause IssuesIssues

““Christmas” and other religious Christmas” and other religious holiday issuesholiday issues

Nativity scenes, Christmas trees, Nativity scenes, Christmas trees, etc… on public property and in public etc… on public property and in public schoolsschools

““In God We Trust” on moneyIn God We Trust” on money……One Nation, Under God….One Nation, Under God….

Free Exercise IssuesFree Exercise Issues

What type of religious practices What type of religious practices can/should the government prohibit?can/should the government prohibit?

Use of drugs in religious ceremoniesUse of drugs in religious ceremoniesFaith healing childrenFaith healing childrenDress Code Issues: Islamic Dress Code Issues: Islamic

HeadwearHeadwear

Free Speech IssuesFree Speech Issues

Discussion: What limits should be Discussion: What limits should be placed on speech?placed on speech?

““Symbolic speech” (S.C Group: Symbolic speech” (S.C Group: Tinker vs. Des Moines)Tinker vs. Des Moines)

Slander: Saying something untrue Slander: Saying something untrue and harmful about someoneand harmful about someone

Free Speech Issues ContinuedFree Speech Issues Continued

Discussion: Should it be legal for Discussion: Should it be legal for people to say things that cause people to say things that cause someone to become violent?someone to become violent?

Symbolic Speech: Symbolic Speech: Flag Burning (S.C. Group-Johnson Flag Burning (S.C. Group-Johnson

Case)Case)Passive ProtestsPassive ProtestsDress CodesDress Codes

Unprotected SpeechUnprotected Speech

Incitement to illegal activity and/or Incitement to illegal activity and/or imminent violenceimminent violence

Slander/Libel/Defamation (Libel is Slander/Libel/Defamation (Libel is written slander)written slander)

Obscenity (S.C. Group: Miller Case)Obscenity (S.C. Group: Miller Case)Threats and intimidation (assault)Threats and intimidation (assault)False advertising (Fraud)False advertising (Fraud)

Free Press IssuesFree Press Issues

LibelLibelHow can tabloids print such obvious How can tabloids print such obvious

lies about celebrities?lies about celebrities?Celebrities have less protection since Celebrities have less protection since

they have voluntarily given up some they have voluntarily given up some privacy. They must show “malice” privacy. They must show “malice” (intentional harm) to win a libel case(intentional harm) to win a libel case

Free Press IssuesFree Press Issues

If a reporter writes a story about a crime If a reporter writes a story about a crime and uses a confidential source should that and uses a confidential source should that reporter be forced to tell the authorities reporter be forced to tell the authorities who that source was if the source has who that source was if the source has evidence of the crime?evidence of the crime?

What could happen if the reporter reveals What could happen if the reporter reveals the source?the source?

What could happen if the reporter doesn’t What could happen if the reporter doesn’t reveal the source?reveal the source?

Shield laws: State laws protecting reporters Shield laws: State laws protecting reporters from having to reveal confidential sourcesfrom having to reveal confidential sources

Free Assembly IssuesFree Assembly Issues

City Curfews: Why do these laws exist? City Curfews: Why do these laws exist? Should teenagers be singled out for Should teenagers be singled out for

curfews?curfews?Protest Rules: The government can Protest Rules: The government can

regulate the time, place, and manner of regulate the time, place, and manner of a protest but can’t regulate the subjecta protest but can’t regulate the subject

Should Rev. Fred Phelps be allowed to Should Rev. Fred Phelps be allowed to protest at military funerals?protest at military funerals?

Second AmendmentSecond Amendment

A well regulated militia, being A well regulated militia, being necessary to the security of a free necessary to the security of a free

state, the right of the people to keep state, the right of the people to keep and bear arms, shall not be infringed. and bear arms, shall not be infringed.

Second AmendmentSecond Amendment

Should people have the right to own Should people have the right to own guns?guns?

How about handguns and automatic How about handguns and automatic weapons?weapons?

Conceal and carry lawsConceal and carry lawsSupreme Court Decision: U.S. vs. Supreme Court Decision: U.S. vs.

Miller (1939)Miller (1939)No individual right to own weapons-No individual right to own weapons-

up to the states and Congress.up to the states and Congress.

Fourth Amendment IssuesFourth Amendment Issues

The right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and their persons, houses, papers, and effects, against unreasonable searches effects, against unreasonable searches and seizures, shall not be violated, and and seizures, shall not be violated, and no warrants shall issue, but upon no warrants shall issue, but upon probable cause, supported by oath or probable cause, supported by oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized. persons or things to be seized.

What Does 4What Does 4thth Amendment Amendment Mean?Mean?

Police must have “probably cause” to Police must have “probably cause” to search someone and must get a search someone and must get a warrant to do so.warrant to do so.

Probably Cause: The police being Probably Cause: The police being able to see, hear, smell, feel, or taste able to see, hear, smell, feel, or taste evidence of a crime.evidence of a crime.

Exclusionary Rule: Evidence Exclusionary Rule: Evidence obtained illegally can’t be used in obtained illegally can’t be used in trial.trial.

Warrant and Probable Cause Warrant and Probable Cause ExceptionsExceptions

Vehicle (probable cause needed)Vehicle (probable cause needed)Consent to a searchConsent to a searchPlain ViewPlain ViewOpen FieldsOpen FieldsBordersBordersAirportsAirportsPublic Schools: Must have Public Schools: Must have

“reasonable suspicion” ( a good “reasonable suspicion” ( a good reason)reason)

Warrant and Probable Cause Warrant and Probable Cause ExceptionsExceptions

Stop and FriskStop and FriskHot PursuitHot Pursuit““Honest Mistakes” and “Good Faith” Honest Mistakes” and “Good Faith”

SearchesSearchesEmergency Situations (Fires, Emergency Situations (Fires,

accidents, etc…)accidents, etc…)

Warrant and Probable Cause Warrant and Probable Cause Exceptions (Continued)Exceptions (Continued)

Prisons, probation, and parolePrisons, probation, and parole

Drug-Testing for some public Drug-Testing for some public employees and public school employees and public school students (extra credit opportunity)students (extra credit opportunity)

Fourth Amendment IssuesFourth Amendment Issues

Supreme Court Group: California vs. Supreme Court Group: California vs. GreenwoodGreenwood

Is your garbage protected by the Is your garbage protected by the Fourth Amendment?Fourth Amendment?

Right to Privacy-AbortionRight to Privacy-Abortion

Abortion: Roe v. Wade decisionAbortion: Roe v. Wade decisionFirst Trimester: No limit to abortionFirst Trimester: No limit to abortionSecond Trimester: Limits okay if they Second Trimester: Limits okay if they

are there to protect the mother’s are there to protect the mother’s healthhealth

Third Trimester: Abortion not Third Trimester: Abortion not protected unless it’s needed to protect protected unless it’s needed to protect the mother’s health.the mother’s health.

Should abortion be a protected right?Should abortion be a protected right?

Fourth Amendment IssuesFourth Amendment Issues

Terrorism and domestic spyingTerrorism and domestic spyingPatriot Act: Is it okay for the Patriot Act: Is it okay for the

government to read your emails, government to read your emails, listen to your phone conversations, listen to your phone conversations, and/or track your movie, book, and and/or track your movie, book, and video game purchases if it might video game purchases if it might make Americans safer?make Americans safer?

Fifth Amendment IssuesFifth Amendment Issues

You have the right to remain silent….You have the right to remain silent….

(Miranda warnings)(Miranda warnings)No self-incrimination (“I plead the 5No self-incrimination (“I plead the 5thth))Torture: Is okay to force someone to Torture: Is okay to force someone to

incriminate themselves if it might incriminate themselves if it might make Americans safer?make Americans safer?

Due Process: Must be given in order Due Process: Must be given in order to remove someone’s life, liberty, or to remove someone’s life, liberty, or propertyproperty

Fifth Amendment IssuesFifth Amendment Issues

Eminent Domain: Government can Eminent Domain: Government can take private property for public use. take private property for public use. A recent Supreme Court ruling A recent Supreme Court ruling expanded this to include private use.expanded this to include private use.

Double Jeopardy: You can’t be tried Double Jeopardy: You can’t be tried twice for the same offense-Good twice for the same offense-Good Stufflebeam StoryStufflebeam Story

Grand Jury: Charges crimes Grand Jury: Charges crimes sometimessometimes

Exceptions to Double Jeopardy Exceptions to Double Jeopardy RuleRule

Convicted person appeals and gets a Convicted person appeals and gets a new trialnew trial

Federal and State CourtsFederal and State Courts

Mistrial or Hung JuryMistrial or Hung Jury

Sixth Amendment: Rights of the Sixth Amendment: Rights of the AccusedAccused

Speedy and Public TrialSpeedy and Public Trial Jury TrialJury TrialDefenseDefenseConfront witnessesConfront witnessesAttorneyAttorney Issue: Detainees and Secret PrisonsIssue: Detainees and Secret Prisons

Eighth Amendment: No Cruel or Eighth Amendment: No Cruel or Unusual PunishmentUnusual Punishment

Is capital punishment “cruel” or Is capital punishment “cruel” or “unusual?”“unusual?”

Torture Issue Torture Issue

Other Amendment IssuesOther Amendment Issues

Ninth: There may be other rights Ninth: There may be other rights (abortion?)(abortion?)

Tenth: Other rights belong to the Tenth: Other rights belong to the statesstates

Fourteenth: Equal Protection Clause Fourteenth: Equal Protection Clause (Gay rights?)(Gay rights?)