Government Final Review Final: 10:50-12:20 on Wednesday, January 13th (then you are done!) Things to focus on as we review The Bill of Rights (obviously) What each amendment says Americans can and cannot do Know the exceptions to each amendment For example, Americans have free speech except when it is a threat or obscene, etc. The Supreme Court cases What each case said about American’s rights First Amendment Freedom of Religion First Amendment Freedom of religion Establishment clause Free exercise clause Government cannot endorse or support one religion Government cannot stop someone from practicing, or exercising, their religion Schools Engel v. Vitale Polygamy Evolution Public displays Seventh-Day Adventists Amish Drugs Employment Division of Smith P. 116 Government Final Review Final: 1:00-2:20 on Wednesday, January 13th (then you are done!) Freedom of Speech First Amendment What is speech? Should hate speech be protected? Key Questions Free speech Prior restraint: government action preventing material from being published Near v. Minnesota Classified material: Wikileaks Clear and present danger test: Schenck v. United States Basically the government could limit speech that is dangerous Free speech Obscenity Should people be able to publish whatever they want? Or show whatever they want? Supreme Court ruled that the government can limit speech that is ruled obscene Obscene: “Offensive sexual conduct that has no literary or artistic value” Example: p. 121 Symbolic Speech Texas v. Johnson: Burning a flag is speech and is protected Vietnam War: Wearing an armband in protest is speech, and is protected Libel v. Slander Libel Slander Written defamation Spoken defamation Example: “Burn Book” from Mean Girls Hard to prove: Gossip magazines 1. The person who said it knew it was untrue when they said it Example: p. 123 2. They were purposefully trying to harm the victim Other examples of limited or protected speech Commercial speech: Advertising Example: Papa Johns: “Better ingredients, better pizza” Speech on TV or radio or Internet is regulated Campaigning: Donating money is free speech As a result, government cannot limit campaign donations by individuals Freedom of Assembly Meant to allow people to protest Exceptions: People cannot just protest anywhere, anytime Should harassment be allowed? Example: Westboro Baptist Church Example: p. 128 Right to bear arms 2nd amendment What does “arms” mean? Does it mean automatic weapons? Assault rifles? Bazookas? Key Questions Limitations Concealed weapons Mentally ill/felons Sensitive places “Dangerous weapons” not used in self-defense Assault weapons Government Final Review Final: 1:00-2:20 on Wednesday, January 13th (then you are done!) Stages of the Justice System Criminal Justice System Crime Arrest Prosecution Trial Verdict Defendant’s Rights 4th Amendment Unreasonable searches and seizures Must have either A. Probable cause B. Search warrant If evidence is obtained illegally, evidence cannot be used in court This is called the exclusionary rule Mapp v. Ohio P. 133 5th Amendment Self-incrimination Cannot force someone to testify against themselves Miranda v. Arizona Ernesto Miranda raped and kidnapped an 18 yearold girl Ernesto Miranda Admitted to the crime during police questioning Miranda Rights Right to remain silent Must be read to someone once they are arrested What you can say can be held against you You have a right to an attorney, if you cannot afford one then one will be provided to you Sixth Amendment Right to an attorney (counsel) Plea bargaining Right to a speedy, and public trial Entrapment: Police cannot trick people into committing a crime P. 136 A deal between the defendant and prosecutor where defendant pleads guilty 90% of all cases are plea bargained Cruel and Unusual Punishment 8th amendment No torture P. 139 Key question: Is the death penalty cruel and unusual punishment? Supreme Court has ruled no, but it is changing…. Right to Privacy Constitution does not talk about right to privacy Key Question: Should people have the right to do what they want to do with their own bodies? Roe v. Wade: Women have the right to have an abortion because of their right to privacy Final Review Vocab and Supreme Court Cases Civil Rights Vocab Civil Liberties Vocab th 13 Vocab Amendment th 14 Vocab Amendment th 15 Vocab Amendment suffrage Vocab Poll taxes Vocab th 24 Vocab Amendment 19th Amendment (hint: suffrage) Vocab Americans with Disabilities Act Vocab Affirmative Action Vocab Affirmative Action Vocab Bill of Rights Vocab st 1 Amendment Vocab nd 2 Vocab Amendment rd 3 Vocab Amendment th 4 Vocab Amendment th 5 Vocab Amendment th 6 Vocab Amendment th 7 Vocab Amendment th 8 Vocab Amendment th 9 Vocab Amendment th 10 Vocab Amendment Establishment clause (hint: religion) Vocab Free exercise clause (hint: religion) Vocab Prior restraint (hint: freedom of the press) Vocab Libel Vocab Slander Vocab Symbolic speech (give example) Vocab Probable cause Vocab Search warrant Vocab Exclusionary Rule Vocab Plea Bargain Vocab Cruel and unusual punishment Vocab Scott v. Sandford Supreme Court Cases Plessy v. Ferguson Supreme Court Cases Brown v. Board of Education Supreme Court Cases Brown v. Board of Education Supreme Court Cases Good news! No homework