Bill of Rights
Key Issues & Court Cases
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.
Freedom of Speech: Dress Code
• Tinker v. Des Moines Independent Community
School District (1969). Supreme Court ruled that
students wearing black armbands to protest the
Vietnam War is a form of freedom of speech
which is protected by the first amendment, as
long as it does not cause any disruptions.
• Implications: “Tinker Standard” Will a particular
garment cause a disruption? Can school officials
institute a dress code or uniform?
Dress Code Cases Continued
• U.S. v. O’Brien, (1968) Creates a Constitutional
test for school dress codes.
• Is authorized under state law.
• Advances an important government interest.
• Is not related to the suppression of free
expression.
• Only incidentally restricts free expression in a
minimal fashion
•
(http://www.firstamendmentcenter.org/Speech/studentexpression/topic.aspx?topic=cl
othing_dress_codes_uniforms)
School Dress Code Continued
• Bivens v. Albuquerque Public Schools (1999)
• “Sagging is not necessarily associated with any
single racial or cultural group, and sagging is
seen by some merely as a fashion trend
followed by many adolescents all over the
United States.” Therefore, it isn’t covered by the
first amendment.
• The judge said that even if sagging somehow
constituted a message, the student failed to
establish that reasonable observers would
understand any message coming from the
wearing of sagging pants. (Firstamendmentcenter.org)
The Pledge of Allegiance
"The pledge of allegiance is
obedience training"
• West Virginia Board of Education v. Barnette (1943) No
one can be forced to say the pledge of allegiance
• Holloman v. Walker County Board of Education. (2004) It
was clearly established that students cannot be forced to
recite the Pledge of Allegiance.
• Lane v. Owens (2004) “Any person not wishing to
participate in the recitation of the Pledge of Allegiance shall
be exempt from reciting the Pledge of Allegiance and need
not participate.”
Flag Burning
• Texas v. Johnson (1988)
Supreme Court ruled that flag
burning is protected by the
first amendment. Congress
reacted by passing the Flag
Protection Act of 1989
• United States v. Eichman
(1990) Supreme Court ruled
that flag burning is protected
by the first amendment again
Flag Burning Laws
• Although the U.S. Supreme Court has twice
invalidated state flag laws, 47 states still have on
the books laws, many modeled after the Uniform
Flag Law of 1917, that prohibit the desecration
of the flag or its use for advertising and publicity
purposes
• California
The State of California makes it a misdemeanor
for anyone to cast contempt on any flag by
mutilating, defacing, defiling, burning or
trampling upon it. [Cal. Mil. & Vet. Code Sec.
614]
Altering the Flag
• Spence v. Washington (1974) The Court ruled that
one can alter or change the flag to express
themselves is protected by the first amendment.
• “One has the free speech right to at least temporarily
‘deface’ the American flag was established.”
Second Amendment & Cases
• “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.”
• United States v. Cruikshank (1876) [5] - The
Ku Klux Klan would not let freed AfricanAmericans carry weapons. The Supreme
Court ruled that state must protect the rights
of all citizens
Second Amendment Cases
• Presser v. Illinois (1886), Individuals have
a right to bear arms, but not form militias
or any other type of paramilitary
organizations
• United States v. Miller (1939) Confusing &
controversial. Opinion #1 opened the door
for gun control. Opinion #2 supports the
“right to bear arms”
Fourth Amendment & Cases
• 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, supported
by oath or affirmation, and particularly
describing the place to be searched, and the
persons or things to be seized.
• Mapp v. Ohio (1961)
All evidence obtained by searches and seizures
in violation of the Constitution is inadmissible in
court; this is the “exclusionary rule”
Fourth Amendment Cases
• Terry v. Ohio (1968)
The Court found that a “stop and frisk” is a “search and seizure”
under the Fourth Amendment and, under certain circumstances, is a
reasonable crime prevention practice. Seized evidence may be
admissible
• Board of Education of Pottawatomie County v. Earls (2002)
School district requirements of drug tests for all students
participating in any extra-curricular activities were upheld by the
Court. The testing is a “reasonable means of furthering the School
District’s important interest in preventing and deterring drug use
among its schoolchildren.”
•
http://www.billofrightsinstitute.org/Instructional/Resources/LandMarkSupremeCourtCases/index.htm
Fourth Amendment Cases
• Carroll v. United States 1925 that vehicles may
be searched without warrants if the officer
undertaking the search has probable cause to
believe that the vehicle contains contraband.
• New Jersey v. T.L.O. 1980 School searches,
school officials are “surrogate parents” & “agents
of the state” all searches must be “reasonable”,
have “probable cause”
Fifth Amendment
• 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 Key Points
• Indictment by a Grand Jury: Can not go to trial for a
serious crime, except in a military setting, without first
being indicted by a grand jury.
• Double Jeopardy: The Fifth Amendment also mandates
that defendants, once acquitted on a charge, may not be
tried again for the same offense
• Property Rights and the Takings Clause: protects
basic property rights; under this clause, referred to as
the takings clause, the government can't simply claim
eminent domain and take a citizen's property.
Fifth Amendment Key Points:
• Pleading the Fifth No self-incrimination
• The Miranda Rule:
1. You have the right to remain silent.
2. Anything you say can be used against you in a
court of law.
3. You have the right to have an attorney present
now and during any future questioning.
4. If you cannot afford an attorney, one will be
appointed to you free of charge if you wish.
Fifth Amendment Cases
• Escobedo v. Illinois (1964): Supreme Court ruled
that a confession could not be used as evidence
if the suspect’s “fifth amendment rights” were
ignored.
• Miranda v. Arizona (1966): Supreme Court ruled
that a confession could not be admitted as
evidence, if the suspect was never read his/her
rights. This established the "Miranda" rights of
persons accused of crimes.
Fifth Amendment Cases
• Kelo v City of New London (2005)
Supreme Court ruled that the government
may take control of private property if the
proposed project will benefit the
community as a whole. Ex. 105 freeway,
proposed 710 expansion, LAX expansion,
etc
Sixth Amendment
• In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed, which district
shall have been previously ascertained by law,
and 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, and
to have the Assistance of Counsel for his
defence
Sixth Amendment Key Points:
•
•
•
•
The Right to a Speedy Trial:
The Right to a Public Trial
The Right to an Impartial Jury
(*Juvenile defendants are not entitled to a
jury trial under the Sixth Amendment.)
• To Be Confronted with Witnesses
• To confront one’s Accuser (s)
• Assistance of Counsel
Sixth Amendment Cases
• Powell v. Alabama (1932) The Supreme
Court ruled that defendants are entitled to
an attorney, fair & public trial
• Gideon v. Wainwright (1963) Supreme
Court ruled that all defendants are entitled
to an attorney, even they can not afford
one. This case expanded the role of
public defenders/legal aid
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,
and no fact tried by a jury, shall be
otherwise re-examined in any Court of the
United States, than according to the rules
of the common law.
Seventh Amendment
• The Seventh Amendment requires jury trials in
civil lawsuits where ordinary damages (money)
are sought.
• A jury is not required in family law cases (such
as divorce and custody cases).
• A simple majority is enough to make a decision
• Does not protect against deportation, suits
against the federal government
• No state right to a trial by jury in civil cases
Seventh Amendment Cases
• Chauffeurs, Teamsters, and Helpers
Local No. 391 v. Terry, (1990) The
Supreme Court ruled that union members
have a right to a jury trial.
• Felter v Columbia Pictures (1998)
Supreme Court ruled that copyright
infringement cases demanding
compensation can be heard & decided by
a jury
Eighth Amendment
• Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
Eighth Amendment Cases
• Furman v. Georgia (1972), the U.S.
Supreme Court ruled that death penalty ,
which was being applied according was “
cruel & unusual”. "These death penalties
are cruel and unusual," Justice Potter
Stewart wrote in the majority opinion, "in
the same way that being struck by
lightning is cruel and unusual."
Eighth Amendment Cases
• United States v. Salerno, 481 U.S. 739 (1989)
Supreme Court ruled that a “particularly”
dangerous arrestee may held without out bail
doe not violate the the 5th & 8th Amendments.
• Three strikes laws The Supreme ruled that
incarcerating people, who have been convicted
for serious crimes on three or more separate
occasions is “unusual”, but “cruel”