How strict should it be? School prayer……prayer banned in public schools.

1. 1st Amendment-freedom of expression, the right to hold, explore, express and debate ideas. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Establishment clause and free exercise clause. BUT what do they guarantee?

2. How strict should it be? • School prayer……prayer banned in public schools. • Cannot start day in public school with bible readings and Lord’s Prayer. • No silent prayer and meditation each morning. • No student-led prayer over PA before football games.

3. The court held that in each of these cases the activity came too close to providing official support for religion. Schools can allow students to form a group/club as long as other non curriculum groups exist at school. May not have school employee participation.

4. Teaching religion/Bible ok as long as takes place in a non-religious manner. (think world history) Evolution now taught.

5. Free Exercise Clause-balance between your right to believe what you want and your right to express those beliefs through actions. • One wife-gov’t has compelling interest. • Students have right to refuse to salute the flag. • Amish children exempt from school age requirement.

6. Freedom of Speech-Congress shall make no law abridging freedom of speech, or of the press. • Chaplinsky v. NH-right to free speech is not absolute at all times and under all circumstances. • Fighting words-speech that insults or angers people so much that violence may result.

7. Defamatory Speech-False statements that damage a persons reputation and that are published in print or other media = libel or spoken=slander. Lewd or profane speech-vulgar, indecent or obscene.

8. Student Speech- students do not have the same free speech rights as other Americans. Schools can regulate the time, place and content of student expression. • Political speech-if doesn’t disrupt school-generally must be allowed. • Vulgar-interest in teaching students boundaries of socially acceptable behavior balances student rights. • Morse v. Federick 2002 “Bong hits for Jesus”

9. Cyber speech-items placed on Web pages are so harmful to the learning environment that they to can be restricted or prohibited.

10. Freedom of Petition and Assembly-protects our rights to petition government for a redress of grievances. Ie) ask the government to make things right, without fear of punishment for asking. Assembly-right to join and form groups for any peaceful and lawful purpose. Gov’t may regulate time, place and behavior on public property. No terror clubs=not lawful.

11. Student Assembly- here again students rights are limited more than others. School officials have the right to limit and control meetings. Groups that support hate, violence or illegal activity are banned.

12. 4th Amendment-Your right to be secure against unreasonable searches and seizures. Right to some privacy but not absolute. People have the right to be secure in their persons, homes, papers, and effects, against unreasonable search and seizures made by the government. Does not address against unreasonable searches by private organizations and persons.

13. Search-any action by government to find evidence of criminal activity. Seizure- when authorities keep something, such as an object or person.

14. 4th-no warrant shall issue, but upon probable cause. A warrant is a court order to search for something or seize someone. To obtain a warrant there must be probable cause, “good reason” to believe that the search will produce evidence of a crime or that the person to be seized committed a crime.

15. 4th does NOT require a warrant for every search, seizure or arrest!!!! Probable cause is usually needed to search but always needed to make arrest.

16. Unreasonable searches- Katz v. US 1967- warrant is needed to look inside something. Warrant must state what is being searched and what authorities are looking for. Warrantless searches-object is in plain view=owner does not consider it to be private.

17. 4th – Katz ruled that it protects people not just places. Does the person have a reasonable expectation of privacy? A search can also start lawful but become unlawful. Search of homes-highest expectation of privacy, usually requires a warrant. Exceptions-garbage no warrant needed, if can see from the air= pot plants in back yard behind high fence. But not through walls.( Yet)

18. Stop and frisk- no random stop and search on the street. BUT, Terry v. Ohio- court ruled that cops could stop people who seen to be acting suspiciously and pat them down for weapons. Neither a warrant nor probable cause is necessary for a Terry stop.

19. Intrusive Searches- • Status of person being searched • How invasive is the search • Does the search serve some safety or security need • = Special needs test

20. Students’ 4th Amend Rights-generally limited so that a proper learning environment can be preserved. NJ v. T.L.O.-probable cause is not necessary for a student search as long as the circumstances make the search reasonable.

21. Private Communication- do you have a reasonable expectation of privacy????/ Since 9/11- Congress passed USA Patriot Act-relaxed protections and controls on searches and seizures. This has enabled the gov’t to search a variety of info about us. No warrant required.

22. Wireless searches- it is illegal for anyone to intercept computer, phone communications. The gov’t may with a warrant- some circumstances have removed the need of a warrant. National Security- search of laptop during airport security is a no no.