Changes

Nothing in the First Amendment requires censorship of the Ten Commandments, which neither establishes a religion nor coerces anyone to believe.  Those who oppose the moral message may feign offense, but appeasing the hypersensitive is not a goal of the First Amendment.  Its prohibition on an establishment of religion does not require purging recognition of religion from everything public.  Federal law expressly references God numerous times, as do our coins and officials’ oaths of office.  The United States Supreme Court itself features Moses holding the sacred tablets.

Nothing in the First Amendment requires censorship of the Ten Commandments, which neither establishes a religion nor coerces anyone to believe.  Those who oppose the moral message may feign offense, but appeasing the hypersensitive is not a goal of the First Amendment.  Its prohibition on an establishment of religion does not require purging recognition of religion from everything public.  Federal law expressly references God numerous times, as do our coins and officials’ oaths of office.  The United States Supreme Court itself features Moses holding the sacred tablets.

The bottom line is this:  the Establishment Clause as originally written does not prohibit classroom prayer and other religious activity on government property, but the U.S. Supreme Court has interpreted the Establishment Clause to prohibit this now.

The bottom line is this:  the Establishment Clause as originally written does not prohibit classroom prayer and other religious activity on government property, but the U.S. Supreme Court has interpreted the Establishment Clause to prohibit classroom prayer in public school and other religious activity on government property now.

NOTE: do not confuse the Establishment Clause with the Free Exercise Clause, which follows the Establishment Clause in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....”

'''NOTE''': do not confuse the Establishment Clause with the Free Exercise Clause, which follows the Establishment Clause in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....”

===Free Speech Clause===

===Free Speech Clause===

One clause in our Constitution has expanded in meaning far greater than every other clause.  The right to free speech has grown and grown and grown.  It threatens to swallow the entire Constitution is some respects.

One clause in our Constitution has expanded in meaning far greater than every other clause: the Free Speech Clause.  The right to free speech has grown and grown and grown.  It threatens to swallow the entire Constitution in some respects.

Flag burning is now free speech.  So are political expenditures.  Spending by a political candidate of his own money on his own campaign is free speech.

Flag burning is now free speech.  So are political expenditures.  Spending by a political candidate of his own money on his own campaign is free speech.

Commercial speech can be protected now too.  Certain types of advertisements, such as ads for legal or medical services, cannot be prohibited.

Commercial speech can be protected now too.  Certain types of advertisements, such as ads for legal or medical services, cannot be prohibited.

Free speech can include the right to hear.  It can include a right to publish the laws.  When combined with free press, it can protect newspapers who seeking to publish governmental secrets.

Free speech can include the right to hear.  It can include a right to publish and criticize the laws freely.  When combined with free press, free speech can protect newspapers which seek to publish information that the government would rather keep secret, such as embarrassing facts about an Administration.

The right to free speech can even protect lies about public officials.  If you are a public figure, then others have a free speech right to make outrageous claims about you.  Only if the statements were made with malice, like a deliberate disregard for the truth, is a public figure allowed to recover damages for a lie spread about him or her.

The right to free speech can even protect lies about public officials.  If you are a public figure, then others have a free speech right to make outrageous claims about you.  Only if the statements were made with malice, like a deliberate disregard for the truth, is a public figure allowed to recover damages for a lie spread about him or her.

You may agree with some or all of the expansions of free speech rights above.  In general, conservatives and liberals tend to support expanding free speech rights, and for that reason free speech has greatly expanded.  Can you think of an example of someone famous who opposed free speech?  (Answer: President John Adams when he signed the Sedition Act to prohibit criticism of him; also Supreme Court Justice Oliver Wendell Holmes when he wrote the decision in ''Schenck v. United States'' (1919), which affirmed the conviction of someone for criticizing the compulsory military draft in World War I)

You may agree with some or all of the expansions of free speech rights above.  In general, conservatives and liberals tend to support expanding free speech rights, and for that reason free speech has greatly expanded.  Can you think of an example of someone famous who opposed free speech?  (Answer: President John Adams when he signed the Sedition Act to prohibit criticism of him; also Supreme Court Justice Oliver Wendell Holmes when he wrote the decision in ''Schenck v. United States'' (1919), which affirmed the conviction of someone for criticizing the compulsory military draft in World War I.)

Public schools do not allow full free speech (should they?).  On one hand, it is easy to see why we would not allow students to be able to say whatever they like.  Suppose they started talking about drugs?  Suppose they wanted to be rude to the teachers?

Public schools do not allow full free speech (should they?).  On one hand, it is easy to see why we would not allow students to be able to say whatever they like.  Should students have a right of free speech to lie?  Should students have a right to be rude to the teachers, or post criticisms of their own teachers on the internet?  There are court cases where students have been punished by schools after ridiculing their teachers, and the students then sue the school based on the Free Speech Clause in the First Amendment.  What is your view about which side should win on that issue?  

There is not free speech in the military, either.  If you insult your commander, then he is going to punish you for insubordination.  About twenty years before Japan sunk most of our ships at Pearl Harbor, General Billy Mitchell spoke out against how our top military commanders were leaving our navy unprotected against that sort of attack.  Later events proved him to be completely right, but at the time he was court martialed for insubordination and was both humiliated and forced to resign.  (After the Pearl Harbor attack and after Billy Mitchell died, our military admitted its mistake and reinstated his benefits).  Should there be free speech in the military?

There is not free speech in the military, either.  If you insult your commander, then he is going to punish you for insubordination.  About twenty years before Japan sunk most of our ships at Pearl Harbor, General Billy Mitchell spoke out against how our top military commanders were leaving our navy unprotected against that sort of attack.  Later events proved him to be completely right, but at the time he was court martialed for insubordination and was both humiliated and forced to resign.  (After the Pearl Harbor attack and after Billy Mitchell died, our military admitted its mistake and reinstated his benefits).  Should there be free speech in the military?

Conservatives strongly oppose one type of expansion of free speech, however: pornography.  Some liberals oppose it too.  Pornography destroys the minds of many people who view it, but the U.S. Supreme Court misused the free speech clause to allow pornography to pollute our society.  Gambling has a similar devastating effect on the mind, but it is conduct (activities) that is considered to be a type of free speech.

Conservatives strongly oppose one type of expansion of free speech, however: pornography.  Some liberals oppose it too.  Pornography, like drugs, destroys those who view it, but the U.S. Supreme Court misused the Free Speech Clause to allow pornography to pollute our society.  Gambling has a similar devastating effect on the mind, but because it is conduct (activities), it is not considered to be free speech protected by the First Amendment.

Your instructor filed briefs with the U.S. Supreme Court opposing an extension of free speech protection to the sale of violent video games to children.  But by a narrow 5-4 majority, the Supreme Court held that the Free Speech Clause gives people the right to sell the most violent video games imaginable to young children.

Your instructor filed briefs with the U.S. Supreme Court opposing an extension of free speech protection to the sale of violent video games to children.  But by a narrow 5-4 majority, the Supreme Court held that the Free Speech Clause gives people the right to sell the most violent video games imaginable to young children.

===Rights of Criminal Defendants===

===Rights of Criminal Defendants===

The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a "Miranda warning" (explained below); (5) the right to a hearing before a judge if held in jail (writ of habeas corpus); and (6) protection against cruel and unusual punishment.  There are other rights also.

The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a "Miranda warning" (explained below); (5) the right to a hearing before a judge if held in jail (the writ of habeas corpus); and (6) protection against cruel and unusual punishment.  There are other rights also.

The "Miranda warning" is a statement that must be read to all criminal suspects before an officer asks him questions, as established by the Supreme Court decision of ''Miranda v. Arizona'' (1966):

The "Miranda warning" is a statement that must be read to all criminal suspects before an officer asks him questions, as established by the Supreme Court decision of ''Miranda v. Arizona'' (1966):

{{cquote|You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.}}

{{cquote|You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.}}

The United States protects protect criminal defendants far more than any other country.  Should we?

The United States protects criminal defendants far more than any other country.  Should we?

Today, however, some conservatives agree with liberals in siding with rights of criminal defendants in federal court, because the federal government routinely imposes sentences of 20 years or more for non-violent crimes, or crimes that should be handled at a state or local level, or behavior that some may not even consider to be criminal.  The Patriot Act was passed to combat terrorism, but it has now been used to investigate non-terrorists also.  Almost no conservative is concerned about suspected terrorists in Guantanamo Bay, but conservatives are worried about abuse of federal powers against American citizens.  The Constitution itself authorizes only a few federal crimes, like treason or misconduct on the high seas.

Some conservatives agree with liberals in siding with rights of criminal defendants in federal court, because the federal government routinely imposes sentences of 20 years or more for non-violent crimes, or crimes that should be handled at a State or local level, or activities that some may not even consider to be criminal.  The Patriot Act was passed to combat terrorism, but it has now been used to investigate non-terrorists also.  Almost no conservative is concerned about the rights of terrorists held at Guantanamo Bay, but conservatives are worried about abuse of federal powers against American citizens.  The Constitution itself authorizes only a few federal crimes, like treason or misconduct on the "high seas" (oceans).

== Amendments 11-27 ==

== Amendments 11-27 ==

While we focus on the Bill of Rights (Amendments I through X), there are a total of 27 amendments to the U.S. Constitution, so there are 17 amendments in addition to the Bill of Rights.  Among these the most important are the 14th and 15th Amendments, which were passed as a result of the Civil War, the 17th Amendment, which established for the direct election of U.S. Senators by the people, and the 22nd Amendment, which places a "term limit" of ordinarily two terms on a president.

While we focus mostly on the Bill of Rights (Amendments I through X), there are a total of 27 amendments to the U.S. Constitution, so there are 17 amendments in addition to the Bill of Rights.  Among these the most important are the 14th and 15th Amendments, which were passed as a result of the Civil War, the 17th Amendment, which established the direct election of U.S. Senators by the people, and the 22nd Amendment, which places a "term limit" of at most two full terms in office for a president.

===14th Amendment===

===14th Amendment===

The 14th Amendment is a broadly worded and expansively interpreted amendment that has been used by the U.S. Supreme Court to invent new "rights", such as abortion.  The 14th Amendment was originally intended to end discrimination against African Americans after the Civil War.  But then the U.S. Supreme Court used it to "incorporate" the Bill of Rights and apply them against state laws ("incorporation doctrine").  Thus the 14th Amendment became the way that the Bill of Rights, which originally applied only against the federal government, were applied against all state and local governments too.

The 14th Amendment is a broadly worded and expansively interpreted amendment that has been used by the U.S. Supreme Court to invent new "rights", such as abortion.  The 14th Amendment was originally intended to end discrimination against African Americans after the Civil War.  But then the U.S. Supreme Court used it to "incorporate" the Bill of Rights and apply them against State laws ("incorporation doctrine").  Thus the 14th Amendment became the way that the Bill of Rights, which originally applied only against the federal government, were applied against all State and local governments too.

The primary use of the 14th Amendment is to prohibit discrimination by government based on race (ethnicity).  Government cannot refuse to grant a driver's license to someone because of the color of his skin, for example.  Government cannot segregate public schools by race (as held in by the U.S. Supreme Court in ''Brown v. Board of Education'' (1954)), or impose any other conditions based on their race.  This is because of the "Equal Protection Clause" in the 14th Amendment.  The Equal Protection Clause prohibits non-racial forms of discrimination too, such as many differences in treatment between men and women, or treating foreigners who are in this Nation lawfully differently from Americans who were born here.  But while government cannot treat people differently based on race, government is allowed to have a few differences based on gender, because the Equal Rights Amendment never became part of the U.S. Constitution.  For example, the military can draft men without drafting women.  The military could not draft whites without also drafting blacks.

The primary use of the 14th Amendment is to prohibit discrimination by government based on race (ethnicity).  Government cannot refuse to grant a driver's license to someone because of the color of his skin, for example.  Government cannot segregate public schools by race (as held in by the U.S. Supreme Court in ''Brown v. Board of Education'' (1954)), or impose any other conditions based on their race.  This is because of the "Equal Protection Clause" in the 14th Amendment.  The Equal Protection Clause prohibits non-racial forms of discrimination too, such as many differences in treatment between men and women, or treating foreigners who are in this Nation lawfully differently from Americans who were born here.  But while government cannot treat people differently based on race, government is allowed to have a few differences based on gender, because the Equal Rights Amendment never became part of the U.S. Constitution.  For example, the military can draft men without drafting women.  The military could not draft whites without also drafting blacks.

===15th Amendment===

===15th Amendment===

The 15th Amendment ensures the right of everyone to vote, no matter what their race or ethnicity is (the 19th Amendment extended that right to all women).  This 15th Amendment has been interpreted to prohibit any "literacy tests" (exams to see if someone can read a ballot) as a pre-condition of the right to vote.

The 15th Amendment ensures the right of everyone to vote, no matter what their race or ethnicity is (the 19th Amendment extended that right to all women).  This 15th Amendment has been interpreted to prohibit any "literacy tests" (exams to see if someone can read a ballot) as a pre-condition on the right to vote.

===17th Amendment===

===17th Amendment===

When the U.S. Constitution was ratified and all through the 1800s, state legislators selected the U.S. Senators who would represent them.  But the 17th Amendment shifted that power to the people, in direct elections, as part of the "progressive movement" that increased the level of democracy in the United States.

When the U.S. Constitution was ratified, and throughout the 1800s, State legislators selected the U.S. Senators who would represent them.  But the 17th Amendment shifted that power to the people, in direct elections, as part of the "progressive movement" that increased the level of democracy in the United States.

===22nd Amendment===

===22nd Amendment===

President George Washington set the "precedent" (an example that is so strong that it is rule) that American presidents should stay in office for only two terms, and then resign so that power can shift to someone new.  But Democrat Franklin Delano Roosevelt, hungry for power, broke the precedent and was elected to four terms, eventually dying in office from an illness.  Within years the Republican-controlled Congress passed term limits for the office of president, prohibiting a president who has served two full terms from being elected again.  This prevents a president from trying to grab too much power for too long.

President George Washington set the "precedent" (an example that is so strong that it becomes the rule) that American presidents should stay in office for only two terms, and then resign so that power can shift to someone new.  But Democratic President Franklin Delano Roosevelt, hungry for power, broke the precedent and was elected to four terms, eventually dying in office from an illness.  A few years later the Republican-controlled Congress passed (by a 2/3rd vote) term limits for the office of president, and 3/4 of the State legislatures ratified this Amendment, to prohibit a president who has served two full terms from being elected again.  This prevents a president from trying to grab too much power for too long.

==Quiz==

==Quiz==

This week the assignment will be to take the fourth quiz, which will cover only the material in this lecture.  The quiz will be emailed to you.  Be sure to have a basic understanding of the Amendments explained in this lecture, and the key terms in the quote by Justice Kennedy (as explained by this lecture).  Try to understand the "big picture," and what the meaning of these key decisions by the U.S. Supreme Court:  ''Marbury v. Madison'', ''Brown v. Board of Education'', ''Engel v. Vitale'', ''Miranda v. Arizona'', and ''Roe v. Wade''.

This week the assignment will be to take our fourth quiz, which will cover only the material in this lecture.  This quiz will be emailed to you.  Be sure to have a basic understanding of the Amendments explained in this lecture, and the key terms in the quote by Justice Kennedy (as explained by this lecture).  Try to understand the "big picture," and the meaning of these key decisions by the U.S. Supreme Court:  ''Marbury v. Madison'', ''Brown v. Board of Education'', ''Engel v. Vitale'', ''Miranda v. Arizona'', and ''Roe v. Wade''.

== References ==

== References ==