REGULATING FREEDOM OF SPEECH
And
Search and Seizure

STUDENT GUIDE

Freedom of speech and the right to be secure in your personal affects and property are fundamental American rights. Regulation of these freedoms has been a responsibility of the Supreme Court throughout history. With the use of the Internet we can observe firsthand how today’s Court exercises this responsibility at a time when technology has extended the freedom to speak in ways our nation’s founders could not have imagined. In addition, search and seizure statues can limit or help law enforcement officers in their work.

You will be reviewing several Supreme Court cases that deal with the 1^st and 4^th Amendments. These cases are Ward v. Rock Against Racism, Capitol Square Review and Advisory Board v. Pinette, Bethel School District no. 403 v. Fraser, Maryland v. Wilson, Chandler v. Miller, and Veronia School District v. Acton.

1.      Go to www. nara.gov – click Exhibit Hall – click the Charters of freedom – click Bill of Rights

2.      What does the 1^st Amendment mean? What does the 4^th Amendment mean.

3.      Answer the following questions:
   *Do musicians have a free speech right to play as loudly as they want in a public space?

    *Can government impose limits on the volume level of a musical performance?

   *Can the government enforce those limits by putting a government agent in charge of the sound system?

   *What if the musical performance is part of a political protest?

   *Do the police have the right to search passengers in a car?

   *Does the government have the right to drug test people running for political office?

   *Does the school have the right to drug test athletes before they participate in sports?

4.      Go to the Oyez, Oyez, Oyez site at oyez.at.nwu.edu/ - click Cases – click Search
by Title – type in your assigned case.  READ THE FACTS OF THE CASE! Prepare a summary of the facts based on these three somewhat different descriptions.

*What  actually happened?

*Characterize the parties on both sides. What is the issue in these cases? What is the issue in the eyes of the court?

*How would you describe the underlying issues?

5.      Discuss how interpretations enter into even a simple statement of facts. What

other facts might be important for a different interpretation?

6.      What was the Court’s decision? Prepare a statement about your groups position.