THE BILL OF RIGHTS
A POWER POINT LECTURE
The First Amendment
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances.
Meaning: Establishes separation of church and
state, freedom of religion, speech, press, assembly
and petition.
The First Amendment
First Amendment Cases
There have been many Freedom of Speech Cases. Just a few follow.
Schenk V. United States (1919)
Anarchist Rally in
NYC, 1914
Charles Schenk was passing out a flyer on the street in front
of an Army recruiting office. The flyer attacked the policy of
drafting men to serve in the armed forces during World War 1.
He was arrested under the Espionage Act of 1918, which
outlawed any act that hindered the U.S. war effort. Schenk
claimed he was utilizing his freedom of speech and
challenged the arrest. The Supreme Court ruled that Schenk
could be arrested and his actions were not protected by
“Freedom of Speech.” Chief Justice Oliver Wendell Holmes
explained that, “The most stringent protection of free speech
would not protect a man in falsely shouting fire in a theater
and causing a panic.”
Freedom of speech does not allow individuals to make
statements that could be dangerous to others.
Freedom of Speech
Chaplinsky v. New Hampshire (1942)
Chaplinsky was standing on the street in front of the City Hall and
passing out flyers condemning some of the decisions made by the
Town Council. When some of the members walked by Chaplinsky
called them fascists. He was arrested, he challenged the arrest
under freedom of speech. The Supreme Court ruled that freedom
of speech does not allow a person to use “fighting words.” Words
that by their nature are so offensive they would incite someone to
fight.
Freedom of speech does not allow you to call other people names.
Freedom of Speech
During the 1984 Republican National
Convention in Dallas, TX, a political
demonstration was held to protest US
policies. During the demonstration, a
young man, Johnson, took an American
flag, put kerosene on it and burned it.
What do you think?
Freedom of Speech
Texas v. Johnson (1989)
The Supreme Court ruled that his
actions were protected by freedom of
speech since he did not cause a
potential danger to anyone else.
Freedom of Religion
In Charleston, WV, Marie and Gatha
Barnett were sent to the principal’s office
when they refused to salute the flag and say
the Pledge of Allegiance. As Jehovah’s
Witnesses, the girls had been taught that
saluting the flag would violate the biblical
command to worship “no graven images” –
images that are not sacred, including flags.
What do you think?
Freedom of Religion
WV State Board of Education v.
Barnett (1948)
(& Minersville Schl Dist v. Gobitas
(1940))
The Supreme Court ruled that no
religious group could be forced to
say the pledge if it conflicted with
their religion.
Separation of Church and State
Engel v. Vitalie (1962)
New York state wanted students to
say a voluntary prayer every
morning at the start of school. A
group of parents challenged this
law on the grounds that it violated
the separation of church and state.
What do you think?
Separation of Church and State
The supreme court
sided with the
parents saying, “It
is in no way the
business of a public
facility to sponsor
religious activities.”
The Second Amendment
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.
Meaning: The people
have the right to defend
themselves by joining in a
well-regulated militia.
To arm that militia, the
people have the right to
bear arms. Courts have
ruled that the militia, not
individual citizens have
the right to bear arms.
Right to Bear Arms
Authors of the Bill of Rights wanted to protect
state militia- to guard against federal power
With increased gun violence, this
right has been argued. In 1939, the
Supreme Court was clear in US vs.
Miller: the gun owner must have
“some reasonable relationship to the
preservation and efficiency of a
well-regulated militia” or “ that it’s
use could contribute to the common
defense.”
The Third Amendment
No soldier shall, in
time of peace, be
quartered in any
house, without the
consent of the owner;
nor in time of war, but
in a manner to be
prescribed by law.
Meaning: The
government can only
put soldiers in our
homes in time of war.
The Fourth 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.
Fourth Amendment Continued
Meaning: Protects Americans from
unreasonable search and seizures.
Police must have a warrant issued by a
judge, or written court order. A
warrant can be issued only if there is
probable cause. It must name the
place to be searched and the things to
be seized. Evidence taken unlawfully
cannot be used.
Search and Seizure
Police officers in Cleveland, OH went into a woman’s
home. The said they were looking for a man to question
him about a recent bombing. They were also looking for
evidence of gambling.
While the officers waited outside, the woman called her
lawyer. She then refused to allow the police to enter and,
apparently, they had no search warrant. They broke in and
searched the house where they found books and papers
which they claimed were obscene. They arrested her for
possession of obscene material, a violation of a state law.
Did they have the right to enter? Is the evidence they found
useful?
Search and Seizure
Mapp v. Ohio (1961)
The Supreme Court ruled that the
evidence was wrongfully obtained and
therefore could not be used against
Mapp. From now on state and local
enforcement agents had to use a
warrant to search a premises.
Search and Seizure Example 2
One day a police officer was patrolling in NYC. Between 4pm
and midnight he was a man speak with 6 or 8 persons. The
officer knew those persons were drug addicts. He did not hear
the conversations. He did not see the man hand anything to
them or take anything from them. In the late evening, the
officer entered a restaurant. He was the man speak with 3 other
men he knew were drug addicts.
The officer went up to the man and said, “You know what
I’m after.” At the same time the officer put his hand in the
man’s pocket and pulled out several thin, translucent
envelopes. They turned out to be cocaine. The man was
arrested for possession of cocaine, a violation of a state law.
What do you think?
Search and Seizure Example 2
Sibron v. New York (1968)
The Supreme Court ruled in favor of the
man, stating that the police had no right to
search him.
What did they need to search him?
Fifth Amenment
No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in
jeopardy of life or limb; nor
shall be compelled in
any criminal case to be a witness against
himself, 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.
Fifth Amendment
Meaning: People accused of crimes
have several rights, including: an
indictment by a Grand Jury, protection
against Double Jeopardy, they cannot
be forced to self-incriminate,
protected by due process, and the
amendment says government must give
just compensation for property taken
for public use.
Self-Incrimination
Can you finish the phrase: “You have the right to
remain silent…)?
Miranda v. Arizona (1966)
Ernesto Miranda was arrested for raping an eighteen year
old girl in Arizona. He was questioned for two hours and
then signed a confession. His confession and other
statements were used against him in trial. He argued that
this violated his fifth amendment protection against selfincrimination. The Supreme Court ruled that because
Miranda was not advised that what he was saying to the
police could be used as evidence, the confession was
wrongfully obtained. That is why, if you are arrested the
Police read you your Miranda rights, which begin.. “You
have the right to remain silent…”
Sixth Amendment
Meaning: Persons accused of crimes have
the right to a speedy and public trial, by an
impartial jury, in the area where the crime
was committed. The accused must be
informed of the crime being tried for, must
be confronted by his accuser, has the power
to force witnesses to testify on his behalf,
and has the right to legal counsel.
Jury of Your Peers
Norris v. Alabama (1935)
Clarence Norris was accused of raping a white
woman and convicted by an all white jury. He
presented evidence that no blacks in the county
he was from were ever called for jury duty. He
argued that this violated his right to a jury of his
peers.
What do you think?
Jury of Your Peers
The Supreme Court
ruled that because no
blacks were ever called
to serve on a jury,
Norris’s right to a jury of
peers had indeed been
violated.
Fair and Speedy Trial
Loud Hawk v. Oregon (1986)
Four men were arrested in Oregon in 1975 for
transporting illegal explosives. The trial was delayed
for years as both the prosecution and defense argued
about procedure and evidence. Finally the
defendants claimed that their right to a speedy trial
had been violated by the delays.
The Supreme Court ruled that because the delays
were caused by both the defense and the
prosecution their speedy trial rights had not been
violated.
Seventh Amendment
In Suits at common law, where the value in
controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and
no fact tried by a jury, shall be otherwise reexamined in any Court of the United States,
than according to the rules of the common
law.
Seventh Amendment
Meaning;
Persons
involved in civil
cases have the
right to a jury
trial if they
wish.
Eighth Amendment
Excessive bail shall not be
required, nor excessive
fines imposed, nor cruel
and unusual punishments
inflicted.
Meaning: Bail must be set
at a rate that fits the crime.
Convicted criminals
cannot be tortured or
inhumanely treated.
Cruel and Unusual Punishment
Francis v. Louisiana 1946)
In November of 1944, a druggist in St. Martin, Louisiana was
found shot in his store. Francis was found in Texas with the
man’s car and his wallet. Francis signed a confession to the
murder, was returned to Louisiana, convicted of murder, and
sentenced to the electric chair. At the appointed time, Francis
was strapped into the chair, and the switch was thrown. Francis
snapped back in the chair, moaned with pain and actually moved
the chair. He didn’t die. He was re-strapped into the chair and
the switch was pulled again. His body writhed with pain but
again he did not die. The Sheriff said the execution would have
to be rescheduled till the chair could be replaced. Francis'
attorney claimed this was cruel and unusual punishment and that
rescheduling the execution was a violation of his protection from
double jeopardy.
What do you think?
Cruel and Unusual Punishment
The Supreme Court ruled that the
malfunction was not an intentional
occurrence and that the execution
could be rescheduled. Francis was
returned to the chair on a later date
and this time the execution was
successful.
Ninth Amendment
The enumeration in the Constitution, of
certain rights, shall not be construed to deny
or disparage others retained by the people.
Meaning: The people have rights that are not
listed in the Constitution. This amendment
was added because some people feared that
the Bill of Rights would be used against the
state governments and to say only the actually
listed Rights were protected.
Tenth 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.
Meaning: Powers not
given to the federal
government belong to the
states.
But Wait…
There’s More
13th and 14th Amendments
After the Civil War, the practice of slavery
was outlawed by the 13th amendment.
The 14th amendment says that states cannot
take away your rights without due process
of the law and guarantees all citizens equal
protection of the law.
References:
Letter from Billy Gobitas, Retrieved 25 Feb 2009 from: http://www.loc.gov/exhibits/treasures/images/tlc0220.jpg
Anarchist Rally pic, Retrieved 25 Feb 2009 from:
http://www.pbs.org/wnet/supremecourt/capitalism/images/schenck.jpg
Child Praying pic, Retrieved 25 Feb 2009 from:
http://www.constitutioncenter.org/timeline/flash/assets/asset_upload_file562_12288.jpg
Colonial with rifle pic, Retrieved 25 Feb 2009 from:
http://www.rants.us/CMImages/Rants/Right+to+Bear+Arms%5B1%5D.jpg
Hand gun and Constitution pic, Retrieved 25 Feb 2009 from:
http://www.justicetalking.org/images/features/070618_SacredRight2.jpg
Ernesto Miranda pic, Retrieved 25 Feb 2009 from:
http://www.pbs.org/wnet/supremecourt/timeline/images/timeline_pic17.jpg
Jeff Harris, Thomas Middle School, Feb 2009