Exploring the Bill of Rights in the 21st Century

							Exploring the Bill of Rights
   For the 21st Century
  The First
Amendment
       Five Essential
 Freedoms and Rights
Freedom of Speech
     Congress shall make no laws . . .
     abridging the freedom of speech
Limitations of Speech
 Seditious speech - urging resistance
  to lawful authority or advocating
  overthrowing the gov
 Cannot endanger others
     Ex.– Cant go into a crowded place and
     yell “FIRE!”
Alien and Sedition Acts (1798)
  These acts were designed to silence
   criticism of the government.
  They made it a criminal offense to
   publish “any false, scandalous writing
   against the government of the United
   States.”
  A new Congress allowed the acts to
   expire before the Supreme Court had
   a chance to rule on the
   Constitutionality of the laws.
Espionage Act (1917)
 In World War I anti-German feelings ran
  high. Anything German was renamed –
  such as Sauerkraut to Liberty Cabbage.
 This law curtailed speech and press
  during World War I.
 The law made it illegal to urge resistance
  to the draft, and even prohibited the
  distribution of antiwar leaflets.
 Nearly 2,000 Americans were convicted
  under the Espionage Act.
 Student speech - speech that is limited
  due as part of school curriculum (ex:
  shouting obscenities at a game)
 Tinker v. Des Moines Public Schools
       Principles established:
            Students don’t leave their constitutional rights at the
             door
            Symbolic dress for political reasons is protected by
             1st amendment
            Expression can be curtailed or censored where the
             school can show it threatens a “material or
             substantial interference” with schools operation
   College and university speech codes
Freedom of Religion
 Congress shall make no law
respecting an establishment of
religion or prohibiting the free
       exercise there of
 "See You at the Pole"

 Student participation in
  before - or after - school
  events, such as "see you
  at the pole," is
  permissible.
 School officials, acting in
  an official capacity, may
  neither discourage nor
  encourage participation in
  such an event.
  Freedom of the Press
Congress shall make no law . . .
abridging . . . the freedom of the
              press.”
       Freedom of Assembly

Congress shall
 make no law . . .
 Abridging . . .
 The people to
 peaceably
 assemble”
   Petition the Government

Congress shall
 make no law . . .
 Abridging . . . the
 people. . . to
 petition the
 government for a
 redress of
 grievances”
2nd   Amendment
         A well-regulated
           militia, being
           necessary to the
           security of a free
           state, the right of the
           people to bear arms
           shall not be
           infringed.
          3rd Amendment
No Soldier shall, in
 time of peace be
 quartered in any
 house, without the
 consent of the
 Owner, nor in time
 of war. . . .
                              4th Amendment
• The right of the people to be secure in their persons,
  houses, papers, and effects, against unreasonable
  searches and seizures,
• shall not be violated, and no Warrants shall issue,
  but upon probable cause, ….. particularly
  describing the place to be searched, and the persons
  or things to be seized
5th Amendment
 No person shall be held to answer for a …
  crime unless on a presentment or
  indictment of a Grand Jury
 nor shall any person be subject for the
  same offence to be twice put in jeopardy of
  life or limb
   [double jeopardy]
 nor shall be compelled in any criminal case
  to be a witness against himself [self-
  incrimination]
        5th Amendment
nor be deprived of
 life, liberty, or
 property, without
 due process of law
nor shall private
 property be taken
 for public use,
 without just
 compensation
 [eminent domain]
6th Amendment
 In all criminal prosecutions, the accused shall
    enjoy
  the right to a speedy and public trial by an
    impartial jury
  to be informed of the nature and cause of the
    accusation
  to be confronted with the witnesses against
    him;
  to have compulsory process for obtaining
    witnesses in his favor
  to have the Assistance of Counsel for his
    defense
  7th Amendment
In Suits at common law,
 where the value in
 controversy shall exceed
 twenty dollars, the right of
 trial by jury shall be
 preserved….
Eighth Amendment
          • No
            excessive
            bail
          • No cruel
            and unusual
            punishment
9th Amendment
  The enumeration in the
   Constitution, of certain rights,
   shall not be construed to deny
   or disparage others retained by
   the people
  [other rights may be protected
   even if not included in the Bill of
   Rights ex: right to privacy]
         10th Amendment
The powers not delegated to the United
  States by the Constitution, nor
  prohibited by it to the States, are
  reserved to the States respectively, or
  to the people.
[states' rights]