The Bill of Rights
Course
Court Systems
and Practices
Unit III
Constitutional
Considerations
Essential
Question
What does the
Bill of Rights
mean in
everyday life
and for the court
system?
TEKS
§130.296(c)
(1)(H)
Prior Student
Learning
Familiarity with
the Bill of Rights
Estimated Time
2 to 6 hours
Rationale
Upon completion of this assignment, the students will comprehend the meaning
of each of the first ten amendments to the U.S. Constitution and be able to
realistically apply the Bill of Rights to their life. The student will understand the
past and present battles in our courts that continually test the strength and
longevity of our Bill of Rights.
Objectives
The student will be able to:
1. Recite the strict interpretation of the Bill of Rights
2. Discuss the application of the Bill of Rights to real life
3. Debate why the Bill of Rights was created
4. Discuss interpretations of or assumptions about the Bill of Rights
5. Define how all of these ten amendments impact our lives
6. Perform the assignment of analysis of the Bill of Rights
7. Demonstrate the ability and knowledge of applying the information to the
actual applications of the law
Engage
Watch the video clip, “A Conversation on the Constitution with Justices Stephen
G. Breyer, Sandra Day O’Connor, and Anthony M. Kennedy: Freedom of
Speech,” which can be found at
http://sunnylandsclassroom.org/Asset.aspx?id=1472 (30 minutes)
During the video, the students will take notes and answer questions on the “Ten
Questions Video Follow-Up” worksheet found at
www.sunnylandsclassroom.org. After the video, discuss answers and the cases
from the video:
 Tinker v. Des Moines (1969) (Tinker case referred to by Justice O’Connor)
 Texas v. Johnson (1989) (Flag burning case referred to by Justice
Kennedy)
 Morse v. Frederick (2007) (Mentioned by Justice O’Connor)
 Bethel School District No. 403 v. Fraser (1986) (Speech at a high school
assembly featured)
 Lee v. Weisman (1992) (High school commencement case featured )
Use the Discussion Rubric for assessment.
Key Points
I. Key Terms
A. Bill of Rights
B. Amendment
C. Constitutional
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D. Ratification
E. Freedom
F. Rights
G. Rule of Law
H. Unalienable
I. Stare Decisis
J. Precedent
II. The Bill of Rights
A. First Amendment
1. Freedom of religion
2. Freedom of speech
3. Freedom of the press
4. Freedom of assembly
5. Freedom to petition the government for redress of grievances
B. Second Amendment
1. Right to keep and bear arms
2. Right to have State Militia
C. Third Amendment
1. Right NOT to be required to house soldiers
D. Fourth Amendment
1. Freedom from unreasonable searches and seizures
2. Required elements in issuing a warrant
a. Existence of probable cause
b. Evidence presented must be supported by “oath or affirmation”
c. Description of specific place to be searched
d. Description of person or items to be seized
E. Fifth Amendment
1. Right to a grand jury for capital/serious crime
2. Protection against double jeopardy
3. Protection against self-incrimination
4. Prohibition of the taking of life, liberty, or property without due
process of law
F. Sixth Amendment
1. Right to a speedy and public trial
2. Right to an impartial jury
3. Right to be informed of nature and cause of accusation
4. Right to confront witnesses
5. Right to summon witnesses
6. Right to the assistance of counsel
G. Seventh Amendment
1. Right to jury trial in civil lawsuits
H. Eighth Amendment
1. Protection against excessive bail
2. Protection against cruel and unusual punishment
I. Ninth Amendment
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1. “Catch-all”
2. Rights not named in constitution, including privacy
J. Tenth Amendment
1. Reserves to states and people any powers not belonging to federal
government
Activities
Divide the class into discussion groups. Distribute the page with the scenarios
(Free Speech Scenarios Small Group Activity handout) to each student. Allow
enough time for the groups to discuss each scenario. Monitor the time and
prompt the groups to move to each topic so they do not get stuck. Reconvene
for a large group discussion. Use the Discussion Rubric and Writing Rubric for
assessment as needed.
Ground Rules:
 There is no right or wrong answer, as court rulings vary, too
 All viewpoints are welcome as long as they are based on sound reasoning
 Apply principles used in other court cases to support conclusions (students
may use their earlier work for reference)
Note: Scenarios 2 and 3 are drawn from descriptions of the following real
cases:
 Blogger Case:
In Bivens v. Albuquerque Public Schools, the judge questioned whether
sagging pants conveyed any particular message: “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.” 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.
http://www.firstamendmentschools.org/freedoms/faq.aspx?id=13002
 Dress Code Case:
In 2008, the 2nd Circuit Court ruled for the school officials in Doninger v.
Niehoff 527 F.3d 41 (2nd Cir. 2008). School officials could punish a
student for blogging critical comments about a school administrator. "We
have determined, however, that a student may be disciplined for
expressive conduct, even conduct occurring off school grounds, when this
conduct 'would foreseeably create a risk of substantial disruption within the
school environment,' or at least when it was similarly foreseeable that the
off-campus expression might also reach campus," the court concluded.
http://www.citmedialaw.org/threats/doninger-v-niehoff
Conclude by asking the students to write journals about how they would
respond to someone who made this statement:
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“I have a right to free speech, so I can say whatever I want to, however I
want to say it, and wherever I want to say it.”
Assessments
Bill of Rights Quiz and Key
Discussion Rubric
Individual Work Rubric
Summary Rubric
Writing Rubric
Materials
Bill of Rights computer-based presentation
Computer with multimedia capabilities
Projector
Internet access for the video clip
Ten Questions Video Follow-up worksheet
Free Speech Scenarios Small Group Activity Handout
Resources
U.S. Constitution
Declaration of Independence
www.sunnylandsclassroom.org
http://www.archives.gov/national_archives_experience/charters/bill_of_rights.ht
ml
http://www.saf.org/pub/rkba/books/jfp5ch05.txt
Do an Internet search for the following:
 Caselaw findlaw data constitution first amendment religion expression
 Caselaw findlaw scripts Griswold Connecticut
 Cyber essays politics 42
 Supreme findlaw constitution annotation 11 amendment
 US gov info rights and freedoms
 Gem world USA unalienable
 Lectlaw probable cause
Accommodations for Learning Differences
For reinforcement, the students will list and look up key terms, and write their
definitions. Use the Individual Work Rubric for assessment.
For enrichment, the students will research specific court cases that deal with
each amendment to the Bill of Rights, write a summary of each case, and
explain its outcome. Use the Summary Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(1)
The student examines the structure of the legal system in the
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United States. The student is expected to:
(H)
examine relationship of the United States Constitution and
the Bill of Rights upon the court system; and
College and Career Readiness Standards
I. Writing
A. Compose a variety of texts that demonstrate clear focus, the logical
development of ideas in well-organized paragraphs, and the use of
appropriate language that advances the author’s purpose.
1. Determine effective approaches, forms, and rhetorical
techniques that demonstrate understanding of the writer’s
purpose and audience.
2. Generate ideas and gather information relevant to the topic and
purpose, keeping careful records of outside sources.
3. Evaluate relevance, quality, sufficiency, and depth of
preliminary ideas and information, organize material generated,
and formulate a thesis.
4. Recognize the importance of revision as the key to effective
writing. Each draft should refine key ideas and organize them
more logically and fluidly, use language more precisely and
effectively, and draw the reader to the author’s purpose.
5. Edit writing for proper voice, tense, and syntax, assuring that it
conforms to standard English, when appropriate.
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Free Speech Scenarios Small Group Activity Handout
Instructions: Reflect on the principles used by the courts to resolve free speech
disputes as you discuss the following scenarios in your group.
1. Off‐campus speech (a scenario described by Justice Breyer in the video) – Thinking
it would be a fun thing to do, a group of students get together at someone’s house to
write a newspaper about the worst things their teachers said that day and distribute it
amongst their friends. The newspaper contains insults and uses crude and offensive
language when describing their teachers. Now the school wants to discipline them for
it. Can they do it? The school thinks it’s a bad idea to have the students meet in their
houses and pass out a newspaper that criticizes all the teachers in very rude,
explicitly awful, slangy ways; so they say, “This is part of our discipline.”
Q: How far should the boundaries of authority for a school reach and what criteria should
be used to make that decision?
2. Dress code – A student persisted in wearing sagging pants to school even though he
was told it was against the high school’s dress code. After repeated violations, he
was given a long‐term suspension. The student argued that his wearing of the
sagging pants conveyed the particular message of African American heritage in the
hip‐hop fashion and lifestyle.
Q: Was the student’s First Amendment right to free speech denied?
3. Blogger – Administrators bar a high school student from running in a student election
after the student criticizes them in a blog for their handling of a student festival. In the
blog, the student calls the administrators names and asks fellow students and
parents to complain to the superintendent to make him mad. Inappropriate language
was used in the post, which was written and sent from home.
Q: Does the student blogger have a free speech defense?
4. Cyberbullies – A student wrote derogatory and hateful comments about another
student and posted them online for everyone to read. The comments caused
significant emotional distress and interfered with the student’s ability to participate
fully in school. School officials punished the author, and the parents are suing the
family. The school takes the position that it can punish student conduct if it disrupts
class work or involves substantial disorder or invasion of the rights of others even if
the student is not in class.
Q: When do students’ online comments “cross the line” and become First Amendment
concerns? Should Internet speech be regulated, and if so, what criteria should be
used? Would it matter if a teacher was being defamed instead of a student?
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Video Follow‐Up Ten Questions
Video: A Conversation on the Constitution: Freedom of Speech
Sunnylands Seminars, 2009
1. Why do you think the framers valued freedom of speech?
2. What constitutes “speech”?
3. Why are all forms of expression important in a democracy?
4. Why do you think there are limits to free speech? In your opinion, should there be?
Why?
5. Why do you think it’s so hard to define what speech is protected and what is not?
6. Cite the fundamental principle that is the starting point for all judicial decisions related
to free speech.
7. List the factors brought up by the justices in the video as ones that could matter when
resolving free speech disputes.
8. The Constitution does not define free speech. What did Justice Breyer mean when he
said, “So, that’s left up to the people to work out”? Explain how people help define
freedom of speech when decisions are made by the court.
9. What did you learn from the justices about the process for deciding free speech
matters?
10. According to Justice Breyer, what is “the worst thing you can do by way of
abridgment”?
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Video Follow‐Up Ten Questions Key
Video: A Conversation on the Constitution: Freedom of Speech
Sunnylands Seminars, 2009
1. Why do you think the framers valued freedom of speech?
It allowed one to speak out against the government without fear of reprisal.
2. What constitutes “speech”?
Any expression of ideas, including symbolic speech
3. Why are all forms of expression important in a democracy?
Justice Kennedy: It’s who we are. We define ourselves by what we say, what we
read, by what we think, what we hear, by what we sing, by what we pray. This is who
we are. This is our self-definition. We define ourselves; the government does not
define us.
4. Why do you think there are limits to free speech? In your opinion, should there be?
Why?
Answers will vary.
5. Why do you think it’s so hard to define what speech is protected and what is not?
Answers will vary.
6. Cite the fundamental principle that is the starting point for all judicial decisions related
to free speech.
Congress shall make no law. . . abridging the freedom of speech (First Amendment)
7. List the factors brought up by the justices in the video as ones that could matter when
resolving free speech disputes.
Examples include:
 criticism of the government
 personal locker
 political matters
 daycare center
 personal beliefs
 military
 beliefs on societal matters
 high school students
 speech stirring up racial hatred
 college students
 putting people in immediate
 student speech against the
danger
college
 clear and present danger
 protest at a college
 hate speech
 protest rights—college, junior
high
 symbolic speech

voting age
 age –18 and over; 3‐year‐old
 school discipline
 place –public or private school,
 speech at home
home, public or private forum
 government institutions
 public park
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8. The Constitution does not define free speech. What did Justice Breyer mean when he said,
“So, that’s left up to the people to work out”? Explain how people help define freedom of
speech when decisions are made by the court.
Under the Constitution, it’s the people who have the ultimate responsibility and power to
shape the government and determine its laws. By bringing free speech disputes to court for
resolution, the people request that the court decide if First Amendment rights have been
denied. The body of collective court decisions, known as case law, helps to define what
freedom of speech means in this country. And it has changed from time to time.
9. What did you learn from the justices about the process for deciding free speech matters?
Answers will vary.
10. According to Justice Breyer, what is “the worst thing you can do by way of abridgment”?
Stop somebody from talking simply because you don’t like what he or she says.
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Name________________________________
Date__________________________
Bill of Rights Quiz
The following questions are either “True” or “False”. Carefully consider your answers and each
facet of the question. Remember all requirements of the law must be met in order to charge a
person with a particular crime. Write “True” or “False” in the blank provided.
1) _________ Double jeopardy, as it applies to the 5th Amendment, means that a person
cannot be tried for the same type of case or the same type of criminal charge more than
once.
2) _________ A judge sets bail for a charge of murder in the 1st degree at $100,000.00.
This bail is considered to be within the parameters established by the 7th Amendment.
3) _________ If you commit a crime in ABC County, DEF County, and GHI County, the
District Attorneys for all three Counties can agree to try you for all three charges in one
court in any one of the three counties, regardless of where the crimes were committed.
4) _________ A law enforcement officer cannot, under any circumstance, enter your home
without a warrant.
5) _________ We have our right to bear arms guaranteed by our Constitution; therefore, we
can carry a firearm on our person or in our car at any time into any place because it is our
constitutional right.
6) _________ During a search of a home based on a lawful warrant allowing you to search
for a shotgun, you may open a coin box that is approximately 10” square if you have
specified the need for such intense search in your affidavit for the warrant.
7) _________ Any person in this country may worship anything he or she chooses, as long
as that worship does not violate the rights of other citizens of this Country.
8) _________ Based on our right to free press we can take nude photos of anyone and
keep a file on them in our personal computer as long as no one else sees them.
9) _________ A good legal way to have an extra day off from school would be to have
every student circle around the school early in the morning, lock hands together, and
simply stop people from entering the school property.
10) _________ A soldier, during peacetime in this country, can stay in a civilian’s home
without that person’s permission.
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The following questions have multiple choices. Only one answer is truly correct. Remember to
apply your knowledge of the Bill of Rights requirements for each law.
11) ______As a law enforcement officer you may obtain a warrant to search someone’s
home for evidence in a murder case if you ____________________.
a) Base your affidavit on the facts and evidence that the suspect did commit the crime
b) Particularly describe the place to be searched and the items you are searching for
c) Both A and B
12) ______An oil company can enter your property and lay a pipeline across your property
and even seize your property based on the law of Eminent Domain.
a) Yes, as long as they pay you just compensation for the use of the land
b) No, they cannot seize your land regardless of the compensation
c) Neither A or B
13) ______If you are upset with a teacher, you are within your rights of the “Freedom of
Speech” to openly, verbally deny the teacher and to publicly use profanity towards that
teacher.
a) Yes, as long as you do so in a calm manner
b) It is ok to cuss a teacher. By law they cannot be offended
c) Profanity in public is a violation of the law
14) ______You have been pulled over by Anytown PD. The officer is a real jerk. He does not
cuss you or threaten you in any way. He simply seems to have an attitude towards you.
He speaks rudely to you, demeaning you in every way. The officer has ____________.
a) Not violated any of your rights even though he may be rude and intimidating
b) Obviously violated your rights
c) Neither A or B
15) ______An officer sees a person standing outside a convenience store around 11:00 PM.
He knows the store closes at 11:30 PM. The officer decides that he has probable cause
to confront the person and assist them against the wall to frisk them for weapons
because of the time of night and the fact that that person is hanging around outside the
store near closing time. The officer may have probable cause for a frisk if he
_________________.
a) Sees the suspect watching the clerk as the clerk prepares to close
b) Notices that the suspect looks up and down the street quite a bit
c) Sees a bulge in the suspect’s pocket that, based on the Officer’s experience,
appears to be the butt of a pistol, and the Officer knows the suspect has been
arrested for burglary in the past.
16) ______Students at Anytown High School have just been informed that the County has
passed a law that states it is a violation if anyone under the age of 19 is found outside
their own property after midnight. The violation is considered to be an offense allowing
the arrest of any violator as well as any adult who allows the minor to violate the law. The
Anytown students and parents meet in the school gym with the permission of the
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superintendent and the principal to discuss their options. They decide that a petition
should be composed voicing their opinions against the law, and the petition should be
delivered to the County Commissioner Court during the next court meeting. The
spokesperson for the group gains approval for a presentation of petition from the county
judge. On the day of the court hearing every parent and child shows up at the hearing to
show their support for removing the law. The entire group remains quiet, simply showing
their support by being at the hearing in mass. The county commissioners have given a lot
of thought to the law and feel they should refuse to rescind the law. The spokesperson for
the parents and students demands that their petition be heard and honored. The
commissioner’s court may _____________________.
a) Contact local law enforcement and have all of the people escorted from the hearing
and/or arrested
b) Do nothing but listen to the grievances as long as the people remain peaceable in
their effort to have the law changed.
c) The group of people are violating the rights of the County Commissioners
17) ______You are investigating a murder. You have a lawful search warrant that allows you
to search the suspect’s home for the murder weapon, which forensics has assured you
will be a butcher knife with a blade length of about 12 inches. During your search you
enter a room in the suspect’s home that is being used as an office. Out of curiosity you
decide to fire up the computer to see what files the suspect has maintained. When you
pull up “My Documents,” you see a list of people’s names for hundreds of separate files.
You click on and observe the contents of half a dozen of the files and discover morbid
documentation of the systematic murder of each one of the victims. The files also
reference video CDs that show a video memory of each victim’s murder. You immediately
seize the computer and all the surrounding files and CDs based on the fact that your
search warrant allowed you to search in any area that could possibly hide a butcher knife
or parts of a dismantled knife. When the case goes to trial the suspect is
___________________.
a) Released because the Defense filed for and received a mistrial based on the fact
that you had violated his client’s Constitutional right to privacy as depicted in the 4th
Amendment
b) Is given the death sentence and you have gained sufficient evidence to finalize
other murder investigations based on the evidence seized from the computer and
the CDs
c) Neither A or B
18) ______The definition of “Probable Cause” is ______________________.
a) Evidence that shows that a person may have committed a crime
b) Facts that lead a person to believe that a crime is being committed
c) Facts and evidence that lead a prudent person to believe that a person has
committed or is about to commit a crime
19) ______Sgt. Jones arrives at the scene of a family violence call and discovers, as he
enters the house, that a white male, meeting the description of the suspect, has a white
female, meeting the description of the victim, pinned on the floor, and that the suspect is
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stabbing the victim with a pocket knife. Sgt. Jones yells at the suspect to stop stabbing
the victim but the suspect raises the knife for another blow to the victim. Sgt. Jones draws
his weapon and fires at the suspect. The bullet misses but the suspect drops the knife
and puts his hands in the air as he surrenders. The Sergeant quickly handcuffs the
suspect and then calls Care Flight for the victim. While the Sergeant is waiting for Care
Flight, the Life Care arrives and begins emergency care on the victim. The Sergeant
turns to the handcuffed suspect and advises the suspect that he is under arrest for, at the
moment, Aggravated Assault with a Deadly Weapon. The Sergeant then, engulfed with
emotion, asks the suspect, “Why would you do such a thing?” The suspect begins to
willingly tell his side of the story, admitting to not only stabbing the victim but recanting his
desire to “see the victim dead.” Jones had activated his pocket recorder as soon as he
arrived at the scene. Later as he was writing his report on the crime and the subsequent
arrest, Jones discovers that he has the suspect’s confession on tape. Delighted with his
success he includes the tape with the report, leaving a note in the report about the taped
confession. When the suspect is tried for the crime the suspect is ________________.
a) Convicted of Criminal Attempt Murder due to the Sgt.’s diligence
b) Released due to mistrial because of the illegal obtaining of evidence
c) Tried on a lesser charge because the evidence was illegal
20) ______In a similar case, the victim was the suspect’s wife. She healed up long before the
trial and got back together with her husband who truly seemed remorseful for harming
her. When the trial came up the wife refused to testify against her husband and recanted
her original statement against the suspect, saying she was coerced by law enforcement
to complete the written statement. The wife is ________________.
a) Violating the state law by providing a false statement to law enforcement
b) Within her rights as a spouse as guaranteed in the 5th Amendment
c) Should have been arrested
Bonus Question:
You have been assigned a murder case. Your first objective is to obtain a search warrant for the
suspect’s property in order to search for the murder weapon which is still missing, as well as
another person who you believe was murdered at the same time as the victim; you believe the
body of the second person is somewhere on the suspect’s property. The property is an old
abandoned trailer park with the exception of the single-wide trailer in which the suspect resides.
There are fifteen abandoned trailers on the 25 acre section of land, as well as numerous
outbuildings, shops, and barns. Additionally, there are 30 abandoned cars scattered all over the
property. Based on the 4th Amendment exactly how should you write your affidavit for your
warrant?
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Bill of Rights Quiz Key
1. F
2. T
3. F
4. F
5. F
6. T
7. T
8. F
9. F
10. F
11. C
12. A
13. C
14. A
15. C
16. B
17. A
18. C
19. B
20. B
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
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Name_______________________________________
Date_______________________________
Summary Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The critical analysis has all required
parts from introduction to body to
conclusion.
The critical analysis is concise but
complete.
The critical analysis demonstrates
that the writer comprehends the
content.
The critical analysis demonstrates
accurate spelling, grammar, and
punctuation.
The overall content of the critical
analysis emphasizes appropriate
points.
The writer shows an understanding
of sentence structure,
paragraphing, and punctuation.
The source of the critical analysis is
clearly and accurately documented.
The critical analysis demonstrates
the correct use of terminology.
Total Points (32 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
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