What rights does the Bill of Rights protect

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Unit 5

• What rights does the Bill of Rights protect?

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Lesson 29 Why does the First Amendment limit
the governments power over religion?

• Separation of church and state
• Why?
• History of European religious conflict
• Protect religion from being corrupted by the
  state
• Protect government from the corruption of
  religious conflict
• The Constitution
• Prohibition of religious tests
• The Bill of Rights (1st Amendment)
• Establishment clause
• Interpretations broad, narrow, literal
• Current criteria Lemon Test
• Cases Everson v. Board of Ed. (Incorporation)
  Zorach v. Clauson (2) Engel v. Vitale (3)
  Abbington v. Schempp Lemon v. Kurtzman (1)
  Lynch v. Donnelly (4)

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Lesson 29 Why does the First Amendment limit
the governments power over religion?

• Separation of church and state
• The Bill of Rights (1st Amendment)
• Free exercise clause
• Compelling state interest
• Cases Reynolds v. United States West Virginia
  v. Barnette Oregon v. Smith Church of the
  Lukumi Babalu Aye v. City of Hialeah (Critcal
  Thinking pg. 158)

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Lesson 30 How does the First Amendment protect
freedom of expression?

• What is freedom of expression?
• Speech (spoken and symbolic), press, assembly,
  and petition
• Why protect free speech?
• Promotes individual growth and human dignity
• It is important for the advancement of knowledge
• Necessary in a represenative democracy
• Vital to promote peaceful social change
• Essential to protect individual rights
• American history and freedom of speech
• Seditious libel
• Peter Zenger (1735)
• Alien and Sedition Acts (1798)

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Lesson 30 Freedom of Expression, cont.

• Accepted limitations on freedom of expression
• Time, place, manner restrictions
• Limit when, where and how you speak not what you
  say
• Cannot favor one group over another
• Clear and present danger restrictions
• National security Schenck v. United States
  (1919)
• Fighting words and bad tendency limit speech that
  might lead to violence Abrams v. United States
  (1919), Gitlow v. New York (1925) and Brandenburg
  v. Ohio (1969)
• Perjury
• Libel (more protections afforded to the
  individual than a public official) New York
  Times v. Sullivan (1964)
• Student speech public schools
• Limits on disruptive speech Tinker v. Des Moines
  School District (1963)
• Limits on obscene/disruptive speech Bethel School
  District v. Fraser (1986)

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Lesson 31 How does the First Amendment protect
freedom of assembly, petition, and association?

• Why protected?
• Lobbying- asking government to take action or
  change its policies
• Ensures a peaceful means of communication with
  government
• Assembly, petition and association
• Limitations on assembly
• Time, place, manner
• Peaceable
• Restricted to public property
• Regulations restricted to the protection of
  legitimate government interests
• Regulations must be non-discriminatory
• Regulations must not unnecessarily limit access
  to public forums

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Lesson 31 How does the First Amendment protect
freedom of assembly, petition, and association?

• Freedom of association
• NAACP membership list NAACP v. Alabama (1958)
• Communist party membership list Barenblatt v.
  U.S. (1959)
• Freedom to not associate?
• Individual rights (right of association) vs.
  common good (equal protection)
• Examples?
• Synthesis of the First Amendment
• Board of Education of the Westside Community
  Schools v. Mergens (1990) Critical Thinking pg.
  169

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Lesson 32 Due process

• Substantive due process
• Limits the degree to which government can
  interfere with life, liberty or property
• Procedural due process
• Limits the procedures government may use when
  interfering with life, liberty or property
• Requires government to abide by the rule of law
• Adversary system of justice
• Two competing sides each try to prove their case
  before an impartial judge or jury
• Fairness is indispensable inorder to remove any
  unfair advantage from one side of the case
• Due process guarantees (criminal)
• Fourth Amendment (search and seizure) Fifth
  Amendment (grand jury indictment, double
  jeopardy, self-incrimination, due process) Sixth
  Amendment (speedy, public trial, notification of
  charges, confrontation of accusers, right to
  counsel)

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Lesson 33 How do the Fourth and Fifth
Amendments protect us against unreasonable law
enforcement procedures?

• Why the Fourth Amendment?
• Right to privacy A mans home is his castle
• Writs of assistance (general warrants)
• Search Warrants
• Basis
• Sworn complaint filed with a judge describing the
  facts and circumstances around the crime
• Probable cause- reasonable belief that a person
  has or is committing a crime
• Specify
• Place or person to be searched
• Items to be searched for
• Time in which warrant is to served

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Lesson 33 Fourth Amendment

• Warrantless searches
• Basis
• No time for a warrant
• Probable cause
• Public schools
• Reasonable suspicion New Jersey v T.L.O. (1985)
• Enforcement
• Departmental discipline
• Civilian review boards
• Civil law suits
• Exclusionary rule
• Evidence seized illegally, without valid warrant
  or without probable cause, is excluded as
  evidence
• Case Law
• Weeks v United Sates (1914)
• Mapp v. Ohio (1961)
• Good faith exception United States v. Leon
  (1984)

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Lesson 33 Fifth Amendment

• Protection against self-incrimination
• Criminal trial protections
• Take the fifth
• Why?
• Confession eliminates need for vigilant search
  for additional evidence
• Prevents threats, torture to gain evidence
• Strengthens principle of innocent until proven
  guilty
• Case law
• Commonwealth v. Dillon (1791), Fulminante v.
  Arizona (1991), Recent case from New Jersey
• Pre-trial protections
• Right to remain silent
• Why?
• Pre-trial confessions can consist of
  self-incriminating testimony
• Case law
• Miranda v. Arizona (1966)

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Lesson 33 Fifth Amendment, continued

• Exceptions
• Testimony about others is not protected unless
  that testimony would incriminate the one
  testifying
• Grant of immunity from prosecution because
  immunity removes the consequence of evidence
  being used against the witness
• Voluntary confession
• Comments made before arrest

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Search and Seizure You be the judge

• Mary Sue is driving down Main Street. A police
  officer is next to her at light and notices that
  she is smoking a joint. He searches her purse
  and purse and car.
• The police arrive at Kevins door at 1100 p.m.
  They say they are looking for a stolen
  television. Kevin lets them in and they search
  his house.
• Seymour, a high school student, is seen by a
  teacher in the hall putting a knife into his
  pocket. He is called to the principals office
  and asked to empty his pockets. The knife is
  found.
• Based on suspicious actions, police officer
  Sanchez thinks John is staking out a jewelry
  store. When asked to produce identification, John
  mumbles something. Unable to understand him,
  officer Sanchez pats him down and finds a gun.
• Mary Jane, a known drug dealer, is waiting for
  the bus when police approach and search her. They
  find drugs in her pocket.
• The police received a hot tip regarding some
  illegal gambling going on at Billys house. They
  obtain a warrant to search the premises named in
  the warrant and arrest the gamblers and
  confiscate gambling equipment. They find later
  that the warrant was invalid because it had the
  wrong date on it.
• Police stop Bird Dog on reasonable suspicion that
  he is selling drugs. The officer pats down Bird
  Dog for weapons and feels some small object in
  his pocket. After feeling the object for more
  than a minute with his fingers, the officer
  determines that the object is crack cocaine. He
  reaches in and removes the cocaine.

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Lesson 35 How do the Fifth through Eighth
Amendments protect our rights within the judicial
system?

• Fifth Amendment protections after arrest
• Federal grand jury indictment (unincorporated)
• Double jeopardy
• Self-incrimination
• Sixth Amendment
• Speedy, public trial by impartial jury of peers
• Location in district where crime committed
• Information on specific charges
• Confront witnesses against defendant
• Obtain favorable witnesses
• Right to counsel
• Capital offenses Powell v. Alabama (1932)
• Imprisonment (special circumstances) Betts v.
  Brady (1942)
• All defendants facing loss of liberty Gideon v.
  Wainwright (1963)
• Pre-trial in criminal proceedings Miranda v.
  Arizona (1966)

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Lesson 35 Fifth through Eighth Amendments

• Eighth Amendment
• Excessive bail
• Protects the innocent
• Protects the poor
• Excessive fines
• Cruel and unusual punishment
• Constitution accepts the legitimacy of death
  penalty
• Problems race, determent, cost, consistency

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1999-2000 Bill of Rights Cases

• First Amendment
• Establishment clause
• Sante Fe Independent School District v. Doe,
  Jane, et al.
• Prayer before a football game
• Association
• Boy Scouts of America v. Dale, James
• Exclusion of homosexual troop leader from BSA
• Speech
• Board of Regents, University of Wisconsin v.
  Southworth, Scott, et al.
• Mandatory support of political/ideological
  student groups through students fees
• Fifth Amendment
• Self-incrimination
• Dickerson, Charles v. U.S.
• Admissibility of confession under 18 USC section
  3501 without proper Miranda warnings
• Others??
• Check http//oyez.nwu.edu
• Click on On the Docket for a list of cases and
  synopsis of constitutional issues