Finish the 4th Amendment and begin the 5th
Amendment
Quiz Grades
Begin Amendments 6,8,9 and Civil Rights
The test over Amendments 1,2,4 and 5 will be
Tuesday, February 15 (Test Review will be
tomorrow).
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You are allowed to retest if the grade is below a
70.
You can only make up to a 70 on the retest.
It must be taken within a REASONABLE amount
of time.
The retest is usually MUCH harder!
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Describe the facts of the case, INCLUDING all of
Congress’s actions.
Describe Salazar’s two arguments.
Describe Buono’s two arguments.
Under what scenario would the federal government
still have an interest in the land in question?
How do YOU THINK the court should rule? Justify
your answer.
Due Next Monday/Tuesday
THE BILL OF RIGHTS
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Glencoe
Social Studies
Government and Civics
“+ Sign- Previous
Editions
Civics Today- 2005
Student Center
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Online Student Edition
User- CIV
Password- 7u36aMuXub
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1. Civil Liberties2. Why is freedom of association included with
assembly?
3. Petition4. Search Warrant5. Grand Jury/ Indictment6. Due Process7. What is a civil case?
 (Handout - “Understanding Religious
Freedom in Schools”)
1. Illegal-support of
religion
 2. ILLEGAL!
Coercion from a school
official plus support of
religion
3. Legal- Literature
4.Illegal- Creationism is
NOT science
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5. Illegal-privacy plus
assumption of religion
6. Technically a code of
conduct issue
7. ILLEGAL-teacher
support of religion
8. IllegalNo parental control
9. Illegal-support of
religion
10. Dress-code issue
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List the clauses of the 1st Amendment
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Use the website to answer the following:
What 5 (general) subjects are covered by the 1st
Amendment?
What are the 2 clauses regarding religion in the
1st Amendment?
 The 1st Amendment protects 5 freedoms:
 Religion, Speech, Press, Assembly and
Petition
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may not establish a religion or
 prohibit the free exercise of religion)
 The Supreme Court says schools (and all
government) must avoid
 “excessive entanglement with religion”
1. Religious themes
(Creche, etc.,
at Christmas, etc.) are
allowed ONLY
if they are part of a
seasonal display.
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Prayers at graduation are
LEGAL (as of now) if led by students.
 PERSONAL RELIGIOUS FREEDOM In 1879, a Mormon in Utah claimed
 his religion allowed him to have more
than one wife The Supreme Court said
 No- this was
 “not normal social behavior”
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(The const. states that Congress may not
establish a religion or
prohibit the free exercise of religion)
The Supreme Court says schools (and all
government) must avoid
“excessive entanglement with religion”
(Lemon test)
The pledge to the flag cannot be required if
It conflicts with a student’s “religious beliefs.”
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1. Yes! It has changed since the major dress code
case was decided 40 years ago:
Tinker v. DesMoines School District, 1969The Supreme Court ruled FOR the students
because:
1. “Students and teachers don’t lose their rights
at the schoolhouse door.”
 b. Schools must show evidence of
“substantial disturbance” before
 free speech could be limited at school
 In recent years, the Court has begun to
back off from this precedent and has
begun to restrict speech at school.
 Examples-
Schools (especially in the South) DO ban
earrings and have many restrictive dress
codes in place!
 Morse v. Frederick, 2007
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Bethel School District v. Fraser, 1986(“inappropriate” student speech in support of a
candidate for office for student council)
( Google search the case and use the wikipedia
link)
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1. YES! It has changed over
the last 40 years since ___2. Yes- police overtime, etc.
This case was based on a
KKK rally in
Portland, Maine!
3. No-False advertising
(Commercial speech is the
most regulated)>
4. Must allow religious
exceptions
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5. YES-school
administrators may censor
ANYTHING if they claim it
relates to education.
6. No-definition of morality
7. Yes –safety
8. No-Free Speech, no
matter how offensive (or
funny!)
FREEDOM OF EXPRESSION
PURE SPEECH- HIGHEST PROTECTION
EXPRESSION
TYPE
COMPELLING
STATE INTEREST
SYMBOLIC SPEECH
COURTS USE A BALANCING TEST
TO DETERMINE
CONSTITUTIONALITY
UNPROTECTED SPEECH
 OBSCENITY
 DEFAMATION
 “FIGHTING WORDS”
 SPEECH PLUS PHYSICAL ACTION
 PROTECTED BUT RESTRICTIONS ON
o TIME
o PLACE
o MANNER
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Prior Restraint-not
allowing distribution
prior to publicationusually NOT UPHELD
Exceptions to above
1. Nat Security-never
been upheld
2. Libel/Slander
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3. Obscenity
4. Fair Trial
SYMBOLIC SPEECH
Speech plus physical
action- (Johnson v. TX,
1989)
 PERSONAL The S.C. ruled flag burning
 LEGAL in 1989 for two reasons:
 a. just because society finds something
offensive doesn’t mean
 it’s illegal
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b. Flag burning is
symbolic speech.
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Government may make reasonable time, place
and manner restrictions on assembly but may
NOT prohibit them based on past or anticipated
conduct .
Permit cannot be UNREASONABLY withheld.
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Fighting Words and “Clear and Present Danger”
Hate speech (racial slurs, derogatory sexual
preference remarks) is NOT protected.
All of the above is difficult to enforce because of
vagueness in laws.
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3. Obscenity-In 1973, the Supreme Court
developed a 3-part test for obscenity:
a. Does the material incite lust?
b. Does it violate
community standards?
c. Is it considered art, literature or science?
1. . Does it involve libel or slander?
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Libel-hurting someone’s reputation
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(with lies) through the
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written word.
 Slander Spoken word
 Politicians cannot sue-they have “thrown
themselves into the limelight”
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Commercial Speech is the most regulated speech
1. Cigarette advertising was banned from TV/Radio
in 1970.
The Federal Trade Commission (FTC) investigates
claims of False/Misleading advertising.
2. If a TV/Radio station makes ad time available to a
candidate for office, it must make time available for
allcalled Equal Time.
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Write the 2nd Amendment EXACTLY as it appears
in the Bill of Rights (including punctuation).
“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.”
(only 2 major S.C. gun cases in history)
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U.S. v. Miller, 1939“No reasonable link between a well-regulated
militia
and a sawed-off shotgun”
District of Columbia v. Heller,2008S.C. struck down Washington D.C.’s ban on
handguns
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1. 4th Amendment (1791)- Write the 2 major
concepts set out in the 4th Amendment
2. With wikipedia (or any site you trust) define
the following term:
Probable Cause-
3rd Amendment (1791)4th Amendment (1791)A. People are protected against
unreasonable search and seizure
B. Warrants may only be issued if there
is “probable cause.”
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No facts or evidence
-Known Drug Dealer
HunchArea known for drug
dealing
Reasonable SuspicionCars slowing down,
exchanges appear to take
place
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Probable CauseItem dropped from
suspect’s pocket, found
to be controlled
substance
All FactsMoney, drugs and a Tec9
found on her along with
phone #’s on her cell of
informants
“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.” - THE 4TH AMENDMENT
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What did this landmark Supreme Court ruling do
relating to illegally obtained evidence?
Had to be excluded from court evidence – This is
now known as the
Exclusionary Rule.
 Police had a warrant to search a house
for stolen jewelry.
 They were given permission to enter. As
they walked through the kitchen, they
saw an illegally modified weapon on the
table.
 They arrested the homeowner on illegal
gun charges. No stolen jewelry was
found.
 Is the arrest legal?
 YES!- The evidence is in plain view.
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The S.C. has said drug testing at work is legal
because
“It is a reasonable response to the drug
problem”
Drug Testing at SchoolRandom?
Extracurricular? ( Sports and/or Other
Activities- Band, Drama, Mads, etc.)
To Receive a Parking Permit?
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Using wikipedia, list the exceptions to the
warrant requirement.
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Procedural Due ProcessSubstantive Due Process-
a. No person may be held for a capital
crime except on presentment or
indictment by a grand jury
b. No person may be tried for the
same crime twice
(no double jeopardy)
c. No person can be forced to be a
witness against themselves (led to the
Miranda Rule)
d. No one can be deprived of life,
liberty, or
property without due process of law
e. Private property can be taken for
public use ONLY if there is fair
compensation-(called eminent domain)
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The Supreme Court
ruled a city COULD
remove residential
homes for
private development.
42 states have since
passed laws that
severely restricts the
ability of local
governments to do this.