Government: rights and landmark Supreme Court cases (grade 12) · lesson

First Amendment freedoms

💡 The First Amendment limits government power over religion, speech, press, assembly, and petition, but narrow limits are allowed.

The First Amendment protects five freedoms: religion, speech, press, assembly, and petition. It begins, 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.' Government may not sponsor a religion, such as by leading a prayer in public schools. People may still pray on their own.

In Tinker v. Des Moines (1969), students wore black armbands to protest a war. The Court said students don't lose their rights at the schoolhouse gate. Schools may limit student speech only if it would seriously disrupt learning or invade others' rights. Dislike alone isn't enough.

Blocking a story before it is published is called prior restraint. In 1971, after the New York Times began printing a secret study of the Vietnam War, the government tried to stop newspapers from printing more of it. In New York Times Co. v. United States, the Court refused. It said the government had not met the heavy burden needed.

🧠 Let's work it out

Ask two questions.
Is the government the one limiting speech or religion?
And does the situation fit one of the narrow limits, like serious disruption at school?
If the government is acting and no narrow limit fits, the First Amendment likely protects the person.

What do you think comes next?

establishment clause: the rule that government may not set up or sponsor a religion
prior restraint: government blocking speech before it happens

Rights of people accused of crimes

💡 The Fourth, Fifth, Sixth, and Eighth Amendments protect fair treatment, and evidence gained unfairly can be thrown out.

The Fourth Amendment protects against unreasonable searches. In Mapp v. Ohio (1961), the Court ruled that evidence from an illegal search can't be used in state courts. This is the exclusionary rule.

The Fifth Amendment bars double jeopardy, which is being tried twice for the same crime after a verdict. It also says no one can be forced to testify against himself. In Miranda v. Arizona (1966), the Court said police must warn suspects in custody that they can stay silent and have a lawyer. Statements taken without those warnings usually can't be used.

The Sixth Amendment gives the accused 'the Assistance of Counsel.' In Gideon v. Wainwright (1963), the Court said states must provide a lawyer to defendants in serious criminal cases who can't afford one. The Eighth Amendment bans cruel and unusual punishment, along with excessive bail and fines.

🧠 Let's work it out

Match the complaint to the amendment.
A search? Fourth.
A second trial or a forced confession? Fifth.
No lawyer? Sixth.
A punishment far out of proportion? Eighth.
Then ask the remedy: usually the unfair evidence is kept out, not the case simply dropped.

What do you think comes next?

double jeopardy: being tried twice for the same crime
self-incrimination: being forced to give evidence against yourself
exclusionary rule: illegally gathered evidence can't be used in court

Who rights apply to, and how they grew

💡 Rights limit government, not private businesses, and the 14th Amendment extended most of the Bill of Rights to the states.

At first, the Bill of Rights limited only the federal government. After the Civil War, the 14th Amendment said no state may deny any person 'due process of law.' The Court has used that clause to apply, or incorporate, most of the Bill of Rights to the states.

Rights are strong but not unlimited. True threats are not protected speech, for example. And the First Amendment restrains government, not private employers.

Key cases in order: Plessy v. Ferguson (1896) allowed segregation. Brown v. Board of Education (1954) rejected it in schools. Gideon (1963), Miranda (1966), and Tinker (1969) followed.

🧠 Let's work it out

Before deciding whether a right was violated, ask who acted.
A city, a state, or a public school is government, so the Bill of Rights applies.
A private company usually isn't covered by the First Amendment.

What do you think comes next?

incorporation: applying the Bill of Rights to state governments
due process: fair legal procedures the government must follow