1 st Amendment: Freedom of Religion

1. 1st Amendment: Freedom of Religion

2. Example A. Write/Pair/Share: Is Cheeseism Protected Religious Expression (a legal religion)? Explain.

3. Example A. Legal. The government cannot ban a religion just b/c it is weird, I mean awesome.

4. Example B. Write/Pair/Share: What if Mr. B tried to spread this religion at school? Legal? Explain.

5. Example B. If Mr. B tried to spread any religion at school, it would be illegalb/c he is a government employee. “Separation of Church and State.”

6. Example C. Write/Pair/Share: Students praying at school. Is it legal? Explain.

7. Example C. Individual students praying at school is legal, but if a teacher leads the prayer, it is illegal. (Lemon v Kurtzman, 1971)

8. Example D. Write/Pair/Share: Is This Protected Religious Expression? Explain.

9. Example D. Evil but legal. Even Satanists are protected by the 1st Amendment, as long as they don’t hurt anybody.

10. Example E. Write/Pair/Share: Is This Protected Religious Expression? Explain.

11. Example E. Illegal. In most cases, you cannot use religion as an excuse for a criminal act.

12. 1st Amendment: Freedom of Religion There can be no official, government religion of the USA. “Separation of Church and State” = government and religion cannot mix. The government cannot ban a religionjust because it is unpopular or strange. BUT, in most cases, you can’t do anything illegal in the name of religion.

13. 1st Amendment: Freedom of Speech

14. Example A: Write/Pair/Share: Is this legal (protected) “speech”? Why or why not?

15. Example A: Protected speech. This is offensive, but it doesn’t harm anybody. (Supreme Court Case Texas v. Johnson, 1989)

16. Example B: Write/Pair/Share: This is a prank. Is this legal (protected) “speech”? Why or why not?

17. Example B: Not protected speech, b/c it endangers public safety. Same as pulling fire alarm as a prank.

18. Example C: Write/Pair/Share: Is this legal if he wears it in public?

19. Example C: It is legal (protected) “speech” to dress like this in most places.

20. Example D: Write/Pair/Share: If somebody wore this to school, would it be legal (protected) “speech”?

21. Example D: If it interferes with the functions of an institution (school, military unit, prison), wearing this would not be protected speech. If he works for a private company, his boss might also be able to fire him.

22. Example E: Write/Pair/Share: Is this legal (protected) “speech”?

23. Example E: If they burn this on somebody else’s property, it’s a threat + trespassing and therefore not protected. If it’s KKK property, it’s protected.

24. 1st Amendment—Freedom of Speech • “Speech” = writing or protesting, not just talking. It includes any actions that express opinions. • Americans can publicly criticize the government and each other, even if it’s offensive, racist or crazy. • However, “speech” that threatens individual or public safety is still illegal.

25. 1st Amendment—Freedom of Assembly

26. Example A: Write/Pair/Share: Is this legal (protected) assembly?

27. Example A: This is legal (protected) assembly, as long as nobody blocks streets, trespasses or threatens anybody with harm.

28. Example B: Write/Pair/Share: Is this legal (protected) assembly?

29. Example B: This is not protected assembly, because the protestor is threatening somebody.

30. Example C: These people protest at funerals of gay people and of soldiers killed in Iraq/Afghanistan. Write/Pair/Share: Is this legal (protected) assembly?

31. Example C: A federal appeals court ruled that these protestors can rally at funerals, but they must stay at least 300 ft. away.

32. Example D: Anarchists used the Occupy Oakland protests to attack buildings owned by big corporations. Write/Pair/Share: Is this legal (protected) assembly?

33. Example D: Illegal. Destruction of property is not a protected form of assembly.

34. Example E: Write/Pair/Share: UC Davis. Was the officer’s action legal or did he violate the right to free assembly?

35. Example E: Unclear. They were blocking the road. However, UC Davis later compensated the protestors $1 million.

36. 1st Amendment—Freedom of Assembly • Americans can assemble (gather) on public property to protest or rally. • However, violence, inciting violence, closing streets, or trespassing on private property are still illegal.

37. The 2nd Amendment: Can Individuals Have Guns or Just Militias? • A well regulated militia [armed self-defense group] being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed [taken away].

38. Example A: Write/Pair/Share: Can anybody in the U.S. buy a gun? Who isn’t allowed to buy a gun?

39. Example A: In most states, felons, minors (under the age of 18 in CA) and violently mentally ill people are not allowed to buy guns. Everybody else can.

40. Example B: Write/Pair/Share: Can Americans buy any kind of guns they want? What limits, if any, are there?

41. Example B: There are very few limits on the kind of guns Americans can buy. CA and a few other states prohibit assault rifles. Fully automatic rifles and plastic guns are prohibited all over the U.S.

42. Example C: Write/Pair/Share: Where can Americans legally carry a gun? Is this prohibited?

43. Example C: Most states allow concealed carry. Many allow open carry too. What about CA?

44. Example D: Write/Pair/Share: When and where is it legal to shoot somebody?

45. Example D: 1/2 the states have an “obligation to retreat”—if you can walk away safely, you can’t legally shoot somebody threatening you. The other ½ have “stand your ground” laws—if somebody threatens you, you can shoot them in self-defense. No need to retreat. All states have “the castle defense”—in your own home, you can immediately and legally shoot intruders.

46. 2nd Amendment—The Right to Bear Arms • Many believe it only applied to Americans fighting against a foreign invasion, back when we didn’t have an army. • Others, such as the NRA (National Rifle Association) argue that it gives every individual the right to own guns with very few limits. The NRA is winning the debate.

47. The price we pay?

48. The 4th Amendment: Search and SeizureWhen can police enter your home? When can they question, detain, arrest, or search you?

49. Example A: Write/Pair/Share: Police stop and question Mr. B for driving “a suspicious looking vehicle.” Mr. B was following traffic laws. They detain him for 30 minutes, despite him asking to go several times. Would this be a legal stop?

50. Example A: Not a legal stop. Police would need “reasonable suspicion” that Mr. B committed a crime, or matched the description of a suspect, or Mr. B’s consent, to legally detain and question him.