The Bill of Rights The First 10 Amendments

The Bill of Rights The First 10 Amendments to the Constitution • Take notes on the slides as they appear. • Draw pictures to represent at least five of the amendments.

1 st Amendment • The 1 st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press)

Tinker v Des Moines 1. Do students have a right to freedom of expression in school? 2. Do school officials have the right to limit freedom of expression?

Tinker v Des Moines • • Facts of the Case: John Tinker, 15 years old, his sister Mary Beth Tinker, 13 years old, and Christopher Echardt, 16 years old, decided along with their parents to protest the Vietnam War by wearing black armbands to their Des Moines schools during the Christmas holiday season. Upon learning of their intentions, and fearing that the armbands would provoke disturbances, the principals of the Des Moines school district resolved that all students wearing armbands be asked to remove them or face suspension. When the Tinker siblings and Christopher wore their armbands to school, they were asked to remove them. When they refused, they were suspended until after New Year's Day.

Tinker v Des Moines (1969) • • Question: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the First Amendment's freedom of speech protections? • • Conclusion: The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. School environments imply limitations on free expression, but here the principals lacked justification for imposing any such limits. The principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline

2 nd Amendment • The 2 nd Amendment protects the right to bear arms, which means the right to own a gun. • 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

3 rd Amendment • The 3 rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ” • This means that we cannot be forced to house or quarter soldiers.

4 th Amendment • The 4 th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

Mapp v Ohio • Dollree Mapp was accused of harboring a fugitive that was suspected in a bombing…the result was an illegal search and seizure.

5 th Amendment • The 5 th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination)

Price v Georgia (1970) • PRICE WAS CONVICTED OF MANSLAUGHTER ALTHOUGH THE STATE HAD CHARGED HIM WITH MURDER. PRICE APPEALED HIS CONVICTION AND HAD HIS CONVICTION SET ASIDE BY A GEORGIA APPELLATE COURT. PRICE WAS RETRIED AGAIN FOR MURDER. THE JURY AGAIN CONVICTED PRICE OF MANSLAUGHTER, AND PRICE APPEALED THIS CONVICTION.

6 th Amendment • The 6 th Amendment guarantees a speedy trial (you can’t be kept in jail for over a year without a trial) • an impartial jury (doesn’t already think you are guilty) • that the accused can confront witnesses against them • the accused must be allowed to have a lawyer

7 th Amendment • The 7 th Amendment guarantees the right to a speedy civil trial. • A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.

8 th Amendment • The 8 th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.

9 th Amendment • All rights not stated in the Constitution and not forbidden by the Constitution belong to the people. • This means that the states can do what they want if the Constitution does not forbid it.

10 th Amendment • The 10 th Amendment states that any power not granted to the federal government belongs to the states or to the people.