Objective To analyze the freedoms guaranteed in the

Objective: To analyze the freedoms guaranteed in the Bill of Rights.

The Bill of Rights 1 st Amendment: • freedom of speech In 1965, 13 -year old Mary Beth Tinker and her 15 -year old brother John wore black armbands to school in Des Moines, Iowa. They wanted to mourn people killed in the Vietnam War and show their support for a truce at Christmas. Mary Beth, an eighth grade student at Harding Jr. High School, was promptly suspended by her principal, who said no black armbands would be allowed.

The Bill of Rights • 2 Texas HS Football Players Kicked off Team for Protesting During Anthem • SEPTEMBER 30, 2017

The Bill of Rights 1 st Amendment: • freedom of religion

The Bill of Rights 1 st Amendment: • freedom of assembly Handbill advertising a rally of the Association of Carolina Klans

The Bill of Rights 1 st Amendment: • freedom of petition

The Bill of Rights 2 nd Amendment: • right to bear arms v https: //vimeo. com/124075682

The Bill of Rights 3 rd Amendment: • quartering of soldiers

The Bill of Rights 4 th Amendment: • protection against unreasonable searches and seizures

TLO v. New Jersey • • 1983 Location: Piscataway High School Facts of the Case T. L. O. was a fourteen-year-old; she was accused of smoking in the girls' bathroom of her high school. A principal at the school questioned her and searched her purse, yielding a bag of marijuana and other drug paraphernalia.

VERNONIA SCHOOL DISTRICT v. ACTON (excerpted from http: //www. oyez. org/cases/19901999/1994_94_590) • • Term: 1990 -1999: 1994 Location: Vernonia High School Facts of the Case An official investigation led to the discovery that high school athletes in the Vernonia School District participated in illicit drug use. School officials were concerned that drug use increases the risk of sportsrelated injury. Consequently, the Vernonia School District of Oregon adopted the Student Athlete Drug Policy which authorizes random urinalysis drug testing of its student athletes. James Acton, a student, was denied participation in his school's football program when he and his parents refused to consent to the testing. • Question • Does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment?

Decision: 6 votes for Vernonia School District, 3 vote(s) against • No. The reasonableness of a search is judged by "balancing the intrusion on the individual's Fourth Amendment interests against the promotion of legitimate governmental interests. " In the case of high school athletes who are under State supervision during school hours, they are subject to greater control than over free adults. The privacy interests compromised by urine samples are negligible since the conditions of collection are similar to public restrooms, and the results are viewed only by limited authorities. Furthermore, the governmental concern over the safety of minors under their supervision overrides the minimal, if any, intrusion in student-athletes' privacy.

The Bill of Rights 5 th Amendment: • must be indicted by a grand jury Honolulu Weekly 9 -11 -02

The Bill of Rights 5 th Amendment: • protection from self-incrimination

Miranda v. Arizona • 1966 • Facts of the case • On March 13, 1963, Ernesto Miranda was arrested in his house and brought to the police station where he was questioned by police officers in connection with a kidnapping and rape. After two hours of interrogation, the police obtained a written confession from Miranda. The written confession was admitted into evidence at trial despite the objection of the defense attorney and the fact that the police officers admitted that they had not advised Miranda of his right to have an attorney present during the interrogation. The jury found Miranda guilty. On appeal, the Supreme Court of Arizona affirmed and held that Miranda’s constitutional rights were not violated because he did not specifically request counsel. • Question • Does the Fifth Amendment’s protection against self-incrimination extend to the police interrogation of a suspect?

The Bill of Rights 5 th Amendment: • protection from “double jeopardy”

The Bill of Rights 5 th Amendment: The longest in the Bill of Rights • …. . nor shall any person be subject for the same offense 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.

The Bill of Rights 6 th Amendment: • right to a speedy trial by jury

Justice Delayed: 10 Years in Jail, but Still Awaiting Trial • By SERGE F. KOVALESKI SEPT. 19, 2017 DOTHAN, Ala. Kharon Davis was 22 when he was charged with capital murder and booked into the county jail. Ten years later, he is still there, awaiting trial. He has had two judges, four teams of lawyers and nine trial dates, the first of which was in 2008. His case has outlasted a district attorney who served for nearly three decades. It defies any common understanding of the right to a speedy trial.

The Bill of Rights 6 th Amendment: • right to an attorney Miranda v. Arizona (1966) Part III

The Bill of Rights 8 th Amendment: • protection from cruel or unusual punishment

Ingraham v. Wright (1977) • Issue: School Discipline Bottom Line: Teachers Can Use Corporal Punishment, If Your Locality Allows It • Background James Ingraham, a 14 -year-old eighth-grader at Drew Junior High School in Miami, was taken to the principal's office after a teacher accused him of being rowdy in the school auditorium. The principal decided to give him five swats with a paddle, but James said that he hadn't done anything wrong and refused to be punished. He was subsequently held down while the principal gave him 20 swats. • While corporal punishment was permitted in the school district, James suffered bruises that kept him out of school for 10 days and he had to seek medical attention. James and his mother sued the principal and other school officials, claiming the paddling violated Eighth Amendment protections against "cruel and unusual punishments. "

Decision The Supreme Court ruled against James. The Court said that reasonable physical discipline at school doesn't violate the Constitution. The Eighth Amendment, the Justices said, was designed to protect convicted criminals from excessive punishment at the hands of the government—not schoolchildren who misbehave. • The Court, however, did direct teachers and principals to be cautious and use restraint when deciding whether to administer corporal punishment to students. The Justices suggested that school officials consider the seriousness of a student's offense, the student's attitude and past behavior, the age and physical condition of the student, and the availability of a less severe but equally effective means of discipline.

1976: Georgia v. Gregg • The U. S. Supreme Court Reinstates the Death Penalty • "It is an extreme sanction, suitable to the most extreme of crimes. “ • Basically not a violation of 8 th/14 th Amendments

The Bill of Rights 8 th Amendment: • protection from excessive bail or fines

The Bill of Rights 9 th Amendment: Just because a right is not listed in The Constitution doesn’t mean that you do not have that right. You have more rights than are listed in the constitution.

The Bill of Rights 10 th Amendment: The Tenth Amendment explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states and/or the people If the constitution doesn’t give it to the Feds, then it belongs to the states.