The Amendments:
1: Freedom of Religion, speech, press, and assembly
Freedom of religion – Protects the right of Americans to worship as they please, or if they prefer, to have no religion at all.
Clause 1: No Establishment Clause- States that congress shall make no law representing an establishment of religion.”
Clause 2: Free Exercise- Prohibits government from unduly interfering with the free exercise of religion.
Parochial schools- Schools operated by a church or religious group
Secular – Non religious
Lemon test Have clear secular, non religious purpose. In its main effect neither advance nor inhibit religion Avoid “excessive government entanglement with religion”
Engel v. Vitale- New York urged public schools to use a nondenominational prayer.
Freedom of Speech
Slander- Spoken form of damaging statements that hurts another reputation
Libel- Written form of damaging statements
Pure speech- The verbal expression of thought and opinion before an audience that has chosen to listen, is the most common form of speech
Symbolic speech-Sometimes called expressive conduct, involves the use of actions and symbols, in addition to or instead of words, to express opinion
Clear and present danger-When the speech in question presents an immediate danger, the first amendment does not protect it.
Seditious Speech- Speech that urges the resistance of the law has been outlawed
Tinker v. DesMoines- Protected symbolic speech. Students had the right to wear black armbands in school to protest the Vietnam War.
Freedom of the Press
Prior restraint- Censorship of information before it is published is a common way for government to control information and limit freedom.
Shield Law- Protects form having the give up their sources in a court of law.
New York Times v. United States- Known as “Pentagon Papers”, A pentagon employee leaked a secret government report outlining the American involvement in the Vietnam war and how government officials lied about the war. Government argued that the publication of the papers would mean national security was at risk.
2: Right to bear Arms and maintain a militia- National Guard
Find a current example of gun legislation being sought in response to gun violence
3: Quartering of Troops
The right to personal privacy
Roe v. Wade (Abortion)
4: Search and Seizure
Probable cause: a reasonable basis for searching ones property.
Search Warrant/ Arrest Warrant- orders signed by a judge describing the place to be searched for items or a person to be arrested.
Police must have a search warrant in order to legally search a persons house
Must prove to a judge that there is enough evidence to obtain a search warrant.
Mapp v. Ohio: Evidence seized in violation of the 4th amendment could not be used as evidence in court law.
EXCEPTIONS!
Consent-