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BEN DAVIS HIGH SCHOOL VOLUME 86 1200 N.SPOTLIGHT GIRLS SCHOOL RD. ISSUE 1 Covering Wayne Township since 1933 INDIANAPOLIS, IN 46214 SEPTEMBER 22, 2020 GIANT NOTES

Welcome to new Spotlight

Like many things in life that have changed thanks to Covid-19, welcome to the 2020 version of Spotlight, the school newspaper -- make that newsmagazine -- of Ben Davis. We have changed our format this year to a newsmagazine style. Each issue will be themed. This month we cover the Bill of Rights -- how it got started, why it is important to our country’s history and what impact it has on society. Next month we will look at the 2020 elections. Each themed issue will be built around Ben Davis. You can still ﬁ nd weekly student and teacher features, complete sports coverage and more Wayne Township news on our new revamped BDSpotlight. com web page. You can also follow us on Twitter @BD_ Publications and Instagram at BDPublications. Our rights... Register to vote by October 5 October 5 is the deadline to From freedom of speech to ‘I plead the fifth’ register for the November 3rd presidential election. To vote, you must be 18 on November to making sure everyone has the right to vote, 3. You can also register to vote by mail or in person at any our Bill of Rights adds 27 basic freedoms to the Indiana BMV oﬃ ce. You can check your voter registration and polling loca- United States Constitution. The Bill of Rights tion at anytime at http://www. indianavoters.com/ or by call- was ratified on December 15, 1791 and since ing 1-866-IN-1-VOTE. then 17 amendments have been added. Follow us at Spotlight looks at where these rights originated BDSPOTLIGHT.COM and what they mean to Americans today. @BD_PUBLICATIONS

@BDPUBLICATIONS 2 Spotlight Ben Davis High School Indianapolis, IN September 22, 2020

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a 45 redress of grievances. words First Amendment starts the Bill of Rights

What are they? Who decides them? Why do we have them?

By Mary Adams lifestyle editor he First Amendment protects our rights such as Tfreedom of speech, press and religion. It also protects our right to protest peacefully and petition the government for changes without fear. It was adopted in 1791. The First Amendment and nine other amendments started the Bill of Rights. Since then, 17 rights have been ratified and added to the Bill of Rights. Constitution Day was celebrated this past Thursday. It is celebrated on September 17 because on this day in 1787 del- egates at the Constitutional Con- vention signed the document in Philadelphia. The law establishing Constitu- tion Day as a federally recognized holiday was created in 2004 with the passage of an amendment by Senator Robert Byrd to the Om- nibus spending bill of 2004. Prior to this law, the day was known as “Citizenship Day.” In 1787, politicians came together to write the Constitution. Antifederalists didn’t approve of BILL OF RIGHTS This saying in the Newseum of Washington, D.C. sums up the essence of the First Amendment. Constition Day was celebrated September 17. In the Constitution at first because 1787 the Constitution was ratified on September 17 and the Bill of Riughts was ratified on December 15, 1791 (Photo by Tom Hayes) they thought it gave too much power to the federal government. Americans freedom of speech. Speech that would include harm through publication. This has gion. This means that there will They agreed to the Constitution This means that Americans can to others or threats is unprotect- limits. False information isn’t be a separation between religion when the Bill of Rights was add- express themselves without gov- ed. Deciding what this includes is protected. and state. ed. James Madison wrote most of ernment interference. covered case-by-case. Freedom of religion is also We have our freedom to peti- the Bill of Rights, and it was ad- Throughout the years, the Su- Like the freedom of speech, guaranteed in the first amend- tion and protest the government. opted December 15, 1791. preme Court has been debating the freedom of the press allows ment. This means the govern- We have the freedom to peace- The First Amendment gives what type of speech is protected. Americans to express themselves ment cannot enforce a state reli- fully assemble. September 22, 2020 Ben Davis High School Indianapolis, IN Spotlght 3 A look inside Freedom of Press, page 4 New Voices, page 5 Freedom of Speech, page 6 Games and First Amendment, page 7 “I am here to protect your Freedom of Religion, page 8 Freedom of Petition, page 9 rights as Americans.” Freedom of Assembly, page 10 - First Amendment man Freedom to Protest, page 11 Classrooms and the Amendments, page 12 First Amendment posters, page 13 All the Amendments, pages 14-15 Sports and the First Amendment, page 16

There have been many court cases where the First Amend- ment was challenged. One case that tested the freedom of speech was Debs v. United States. Eugene Debs was a well known figure and in 1912, he ran for president. In 1918, he gave a speech in Ohio. He told people to avoid drafting in the war. Two weeks later he was arrested because of the 1917 Espionage Act. This act made it a crime for people to say anything that would interfere with the military. He was sentenced to 10 years in prison. Debs appealed his sentence and argued that he was protected by the freedom of speech. The case against Debs was based on his intent openly protest against the war. The government argued that Debs was attempting to arouse mutiny and treason by preventing the drafting of soldiers. This type of speech was outlawed in the United States with the Espio- nage Act of June 15, 1917. Since then, there have been countless challenges to our First Amendment rights, some have landed in favor of our rights and some have challenged our basic beliefs. These rights should not be taken lightly and American citizens should never be afraid to use these rights to the benefit. When they introduced the Bill of Rights, our founding fathers argued that the basic rights should have been part of the Con- stitution. In part, that is why it took almost 15 years for the Con- stitution to be signed. John Adams, our second president was outspoken about these rights and what our governement means. “You will never know how much it has cost my generation to preserve your freedom. I hope you will make a good use of it,” Adams said at the tims the Bill of Rights was ratified. He then added a warnig. “Remember democracy never lasts long. It soon wastes, ex- hausts, and murders itself. There never was a democracy yet, that did not commit suicide,” Adams said. Strong words that have meaning today. Graphics by Atzel Nunez 4 SPOTLIGHT BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SEPTEMBER 22, 2020

STUDENT PRESS Ben Davis has been blessed with a strong student journalism program for decades. The Spotlight is the school newspaper and habeen published since 1933 and the Keyhole is the school yearbook and has been published since 1935. Student media at Ben Davis also includes WBDG radio and BDTV. (Photo by Emilia Avalos-Felix) Fake news or not Press has often been called fourth branch of government

By Lexie Bordenkecher a tyrant or corrupt government,” that having this freedom is espe- history classes. These rights Watergate, but it certainly point- editor Easter said. cially important right now. This bleed into other subjects too, like ed me in that direction.” Another Ben Davis media past summer, protests were cov- journalism. Having the right to a free press reedom of the Press. teacher, Tom Hayes, says that, ered nationally. Hayes says he became inter- is a luxury. Countries like North Sounds important right? “the press acts as a watchdog to “Think about all of the things ested by these laws in the 1970s Korea, China and Cuba do not F It is. the local, state and federal gov- we learned just in the last few when the Watergate scandal have this privilege. All of the protests and upris- ernment.” months about situations of in- happened. Although there are many ings happening in our country Without this freedom, there equality and racism,” Easter said. “I was fascinated by how the things that this country has got- right now might not be covered would be even more secrets the “We would never have known press uncovered that contro- ten wrong, this is one thing that by news outlets if this wasn’t a government withholds from their without a free and independent versy,” said Hayes, who spent 20 we can be proud of. law. citizens. Easter, who has worked press.” years as a sports reporter before “It’s a freedom we should not In 1734, John Peter Zenger was as a freelance radio reporter and The Bill of Rights is usually becoming a teacher. “I didn’t go take for granted,” Hayes said. “I accused of libel by a British gov- as a newspaper reporter, thinks taught through government or into journalism just because of know I don’t.” ernor, William Cosby. Zenger criticized Cosby’s government in one of his writings for the New (all court cases from freedomforuminstitute.org) York Weekly Journal. After a Court challenges trial, Zenger was acquitted and became a symbol for Freedom of the Press. Hazelwood School District vs. Kuhlmeier (1988) Another example of this was in Are high school students protected by freedom of speech? When Hazelwood East High School 1971. principal Robert E. Reynolds thumbed through the proofs of the Spectrum, the school paper, Classifi ed documents, now and found two articles to be inappropriate, he barred them from publication. Cathy Kuhlmeier known as the Pentagon Papers, and two other students on the newspaper staff brought the case to court, saying the principal’s revealed government knowledge actions violated their First Amendment rights. In a 5-3 decision, the Court held that schools must that the Vietnam War would be able to set high standards for speech disseminated under their supervision, and that schools take more lives than initially had the right to refuse to support speech that was “inconsistent with the shared valued of civi- stated. Similar to this, a recent re- lized social order.” The Court said the educators didn’t offend the students’ First Amendment cording of the current presi- rights, as long as their actions were “reasonably related to legitimate pedagogical concerns.” dent Donald Trump came out. In the recording of an interview with journalist Bob Woodward, Trump stated that he knew that New York Times vs. United Sytates (1971) COVID-19 was dangerous. He Branzburg vs. Hayes (1971) In 1971, as the nation heatedly debated its involvement in the Viet- said that he wanted to play it Reporter Paul Branzburg interviewed several drug users in a two- nam War, the New York Times obtained a copy of an internal De- down to not infl uence panic. county area in Kentucky, and wrote an article that appeared in the fense Department report that detailed government discussions about Both of these examples show Louisville Courier-Journal. He was called in twice to testify about his the war. These confi dential documents would become famously how important it is to have free- sources before state grand juries investing drug crimes -- and refused. known as the Pentagon Papers. At the U.S. government’s request, the dom of the press. Without it, The question posed to the Supreme Court: Does forcing a reporter district court issued a temporary injunction ordering the New York there are many things that could to testify before a grand jury violate his or her freedom of press? The Times not to publish the documents, claiming that the publication go without recognition and con- Supreme Court found that this so-called reporter’s privilege doesn’t sequences. of the documents would endanger national security. The Times ap- apply if a reporter’s confi dential information was of a “compelling” and Ben Davis radio teacher Jon pealed, arguing that prior restraint (preventing publication) violated Easter teaches about this free- “paramount” interest. Simply put, forcing a reporter to testify before the First Amendment. The Supreme Court ruled 6-3 in favor of the dom in his classes. a grand jury won’t violate that reporter’s fi rst amendment rights. The Times. This case is extremely important to journalists, as the court “Without a free and indepen- fact that reporters receive information in confi dence doesn’t give them recognized the need to fi nd a balance between the right to a free dent press, the rest of the Consti- the right to withhold that information in a government investigation. press and the need for the government to protect national security. tution can easily be overcome by SEPTEMBER 22, 2020 BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SPOTLGHT 5

New Voices Student journalists want to be heard By Lexie Bordenkecher editor ot too long ago, a new movement called New NVoices was created. It is a “student-based nonpartisan grassroots movement of state based activists who seek to protect student press freedoms.” This movement completely journalism bill again.’ ” counteracts the infl uence of the States with laws that protect student journalists The Plainfi eld incident is just Hazelwood v. Kuhlmeier Su- one example of censorship in preme Court decision. This deci- high schools. There are probably sion made it harder for students • Arkansas hundreds of cases like this a year. to express their First Amend- • Massachusetts Students need to feel like they ment right. • California can express themselves through The New Voices movement • Nevada their writing and reporting. is supported by people from all • Colorado • North Dakota When administrators come types of careers from law to jour- • llinois in and take that First Amend- nalism. In 2020, there are New • Oregon ment right away from them, they Voices volunteers in more than 12 • Iowa • Rhode Island lose their trust. But, what good states. does this do? If students can’t There are already 14 states that • Kansas • Vermont feel comfortable and safe in their have these laws, and if bills are • Maryland journalism classes, how will these fi led in those states with volun- • Washington programs stay alive. teers, over half the country will The world is changing. People have protection for student jour- are becoming more open to new large role in the coverage. offi cial’s family member became in American society … has ever led ideas, and are becoming more nalists. to disruption or harm,” Gunter- In Indianapolis, there has been Tom Hayes, journalism teacher vocally opposed to it and, out of aware of big issues in the world. at Ben Davis, believes in the New nowhere, we found ourselves “in man said. “(The opposition) can’t Just because high school jour- a push for this bill to be passed. point to a single example.” As of last year, there has been a Voices legislation but also feels trouble.” nalists are young, doesn’t mean fortunate to be at Ben Davis. That incident led to prior re- New Voices legislation was put they don’t deserve the same large amount of support here. on hold in 2019 but plans are to However, that didn’t come with- “We are not an open media in view of all publishing material at rights as everyone else. the legal sense, but I have never Plainfi eld. revisit and regroup before pre- As the younger generation, we out opposition. senting new legislation. Gunter- The bill was introduced in In- felt censorship over what we “Since prior review was put have a lot of pressure on us to be produce,” Hayes said. “We have into place at our school in No- man doesn’t want the issue to go the change the world needs. All diana in 2017, but never made it away entirely. passed the Senate. A similar bill a very supportive administration vember 2017, we have had to of that starts now, in the class- that allows us the freedom to change the picture on the cover “If we continue to do the same rooms. When students feel like won in the house by a vote of 47- thing over and over again, what 46, but unfortunately needed a publish. I take that seriously and of our magazine, blur out a stu- they will be censored while ex- I direct my staffs to take that se- dent’s shirt in a photo, change do you expect?” Gunterman said. pressing their feelings about real majority of 51 votes to pass. “Some of those bills that come up A decision was made in 2019 to riously.” a headline, remove a sentence problems, they won’t be writing Censorship and student media about health insurance and de- every single year and never ever to the best of their ability. Stu- not push for the passing of these have a chance of being heard or bills anymore at that time after problems do have a history in In- lete fi rsthand accounts about a dents not only need to be pro- diana. specifi c class in which students passed, I don’t want to be that. tected by their teachers, but also opposing Like, ‘Oh, there’s the student groups In 2018, a Plainfi eld High played on their phones more than the law. got more School publication got censored they listened to the teacher,” aggres- after publishing an issue about Nattam wrote. sive. dating that included articles “Worst of all, we had to “We have a very supportive Ryan about sexual assault in their change the name of the magazine administration that allows us Gutter- school. Gutterman helped give from “The Shakedown” to “The man, di- the student writer a platform be- Shakeout” because administra- the freedom to publish. I take STUDENT VOICE rector of yond her censored school publi- tors felt that “The Shakedown” Plainfi eld’s Anu Nattam the Indi- cations. had “mafi a connotations.” that seriously and I direct my testifi es at the State- ana High “All of the sudden, we were all Gunterman helped Nattam house in 2018. Nattam’s School over the news,” Plainfi eld student during that diffi cult time. staffs to take that seriously.” high school publication Press As- Anu Nattam wrote at the time. “There’s never ever, ever, ever, - journalism teacher Tom Hayes was censor at Plainfi eld. sociation, “The bottom line: We ran an is- been a case where students being (Photo courtesy of the sue about relationships, a school given the rights of everyone else Statehouse File) played a 6 SPOTLIGHT BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SEPTEMBER 22, 2020 Can I say that? Freedom of Speech comes with incredible power

By James McNeal ers. That is why yelling “fi re” in a staff writer crowded area is not considered free speech. ary Peters has been in- The First Amendment allows us volved with speech and to speak our mind and stand up for debate for as long as he can what we believe in. However, the G limits on free speech are rooted remember. He takes the responsibility of free speech seriously. in the principle that we’re not al- “Living in a country with so lowed to harm others to get what many freedoms, I uphold the value we want. That’s why we’re not al- of living in a democracy,” said Pe- lowed to use speech for force, fraud ters, speech and debate teacher at or defamation. BD. “One such freedom as freedom Both Peters and Douse have been of speech is fundamental to my strong advocates for free speech very being as a speech and debate their entire lives. teacher.” “Currently as Director of Debate, Peters recalls visiting Washing- my team is like a congress where ton D.C. early in life and always students share ideas on current being fascinated with how govern- debate topics while understanding ment works. the nuances of ideas and ideals in “We live in a pluralistic society America,” Peters said. “Students are therefore we are forever evolving,” apart of society and I help them to he said. “Being able to give my stu- discover that their lives and there- dents a platform to express their fore their voices do matter.” ideals within limitations is funda- That voice is important in Amer- mental to the American dream.” ican society. Our fi rst president, Speech coach Fred Douyse also George Washington recognized takes this role seriously. He was that from the start of our country. editor of his college newspaper “If freedom of speech is taken and unstaerstands what this right away, then dumb and silent we may means to all Americans. be led, like sheep to the slaughter,” “Freedom of Speech to me is Washngton said at the time the Bill EVERY VOICE COUNTS Speech and debate teacher Gary Peters works with his speech class earlier this week. Peters one of the most precious and vital of Rights was ratifi ed. teaches his students about Freedom of Speech and believes it is one the fundamentals rights of all Americans. (Photo by rights that everyone in this country Laura Fowler) regardless of their belief systems, ethnicity, gender, sexual orientation and so forth are born with,” Court challenges (all court cases from billofrightsinstitute.org) Douse said. “It cannot be stifl ed or taken away by the government. This is an essential right for a de- Tinker vs. Des Moines (1965) mocracy.” In December 1965, a group of students in Des Moines held a meeting in the home of 16-year-old Douse says he talks to his team Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam war. all the time about the importance They decided to wear black armbands throughout the holiday season and to fast on December of free speech. 16 and New Year’s Eve. The principals of the Des Moines school learned of the plan and met on “As the speech team head coach, December 14 to create a policy that stated that any student wearing an armband would be asked we actively express our Freedom of to remove it, with refusal to do so resulting in suspension. On December 16, Mary Beth Tinker Speech through the messages our kids share through their speeches and Christopher Eckhardt wore their armbands to school and were sent home. The following or the subject/themes they choose day, John Tinker did the same with the same result. The students did not return to school until to perform in the interpretation after New Year’s Day, the planned end of the protest.Through their parents, the students sued the events,” Douse said. “The most im- school district for violating the students’ right of expression and sought an injunction to prevent portant part of speech/debate is the school district from disciplining the students. The district court dismissed the case and held making sure that you are communi- that the school district’s actions were reasonable to uphold school discipline. The U.S. Court of cating respectfully with your target Appeals for the Eighth Circuit affi rmed the decision without opinion. audience in the most effective way.” Peters thinks that free speech is Ashcroft vs. ACLU (2004) Morse vs. Frederick (2007) essential to being a better Ameri- Congress passed the Child Online Protection Act (COPA) to prevent At a school-supervised event, Joseph Frederick held up a banner with can. minors from accessing pornography online. The American Civil the message “Bong Hits 4 Jesus,” a slang reference to marijuana smok- “ I help to develop better citizens Liberties Union (ACLU) and online publishers sued in federal court ing. Principal Deborah Morse took away the banner and suspended as students begin to develop their to prevent enforcement of the act, arguing that it violated the Free Frederick for ten days. She justifi ed her actions by citing the school’s voice about life in America,” he Speech clause of the First Amendment. The District Court agreed. policy against the display of material that promotes the use of illegal said. “I have been involved in gifted On appeal, a Third Circuit Court of Appeals panel affi rmed, holding drugs. Frederick sued under 42 U.S.C. 1983, the federal civil rights and talented and speech activities that because the act used “community standards” to decide which statute, alleging a violation of his First Amendment right to freedom since grade school.” material was harmful to minors, it would prohibit material that was of speech. The District Court found no constitutional violation and Freedom of Speech was important to our founding fathers. This felt offensive. In an interesting 5-to-4 vote, the Supreme Court found ruled in favor of Morse. The Supreme Court reversed the Ninth Circuit clause in the First Amendment al- that Congress had not yet met its burden to show that the COPA by a 5-4 vote, ruling that school offi cials can prohibit students from lows us to speak our minds freely requirements were more effective than other methods. displaying messages that promote illegal drug use. as long as we are not harming oth- September 22, 2020 Ben Davis High School Indianapolis, IN Spotlght 7 Video games have interesting history First Amendement cases send mixed messages to game creators

By Aaron Ayala ized by Disney, including “now staff writer White and Cinderella, have violent themes and depictions. Some classic staples of high school lit- TA 5 also known as Grand erature curricula such as The Od- Theft Auto, is a game yssey of Homer, Dante’s Inferno and Gfilled with all kinds of vi- Golding’s Lord of the Flies, depict olence and gore, but this is why it the same graphic violence Cali- was a problem with many people fornia sought to ban and punish who claim that it makes people when it pops up in the form of violent, mostly to the younger video games. audience. “Like the protected books, In 2011, the makers of GTA plays, and movies that preceded were sued both by actress Lind- them, video games communicate sey Lohan and the state of Cali- ideas — and even social mes- fornia, who sue on the belief that sages — through many familiar the gane was too violent for teen- literary devices (such as charac- agers. ters, dialogue, plot, and music) Lohan sued becuase she be- and through features distinctive lived her likeness was used with- to the medium (such as the play- out her permission er’s interaction with the virtual Lohan’s Grand Theft Auto world). That suffices to confer Lawsuit rules in Rockstar’s fa- First Amendment protection,” vour. The Court considers GTA5 Scalia wrote. “a work of fiction and satire”. The GTA is also proved to be con- lawsuit Lohan filed against Rock- troversial, with the ability to car star for allegedly using her like- jack, shoot weapons, kill other ness in Grand Theft Auto 5 was players along with civilians, rob Supreme Court has diagreed. for minors. the power to prevent children been dismissed by the New York stores, sex with prostitutes and In an affirmation of core First Interesting, the video game from hearing or saying anything County Supreme Court. robbing stores. Amendment principles, the Su- industry began tagging violent without their parents’ prior con- The Supreme Court got in- The game had been banned in preme Court voted earlier this games as far back as 2010 to alert sent.” The decision thus leaves it volved in the controversy over Australia shortly after it’s release. year 7-2 to strike down a Califor- parents that games can be violent. up to individual families to set the violent nature of the game. At A censored version later then was ni statute that restricted minors’ The Supreme Court rulings their own rules, without officials the time, Justice Antonin Scalia released and was then playable. access to violent video games. state that there can be no ban on saying what the state should do. pointed to other forms of speech GTA is not the only video Justice Scalia, writing for the ma- selling video games to minors, The video game industry cre- and expression accessed by mi- game to be sued for a violation jority, noted that video games are just lke there is no ban on minors ated the Entertainment Software nors that enjoy protection under of the First Amendment, Postal protected expression and are “’as purchasing books or videos that Rating Board, which, as the Fed- the First Amendment, despite 2 and Duke Nukem 3D have been much entitled to the protection some would deem questionable. eral Trade Commission noted, sometimes graphic depictions of sued for being too violent and the of free speech as the best of lit- The impulse to ‘protect’ chil- “outpaces the movie and music violence. courts have gone back and forth erature.’” dren by restricting what they can industries” in restricting the ac- Children’s literature such on their rulings. The majority of the Court re- read, see and hear goes against cess of minors to content rated as Grimm’s Fairy Tales — which In 2018, the California court jected carving out new categories the First Amendment. “mature.” The industry believes Scalia wrote are “grim indeed” systems ruled that violent games of unprotected speech, either for The Supreme Court also reject- that self-policing will solve most — and some stories immortal- should not be sold to minors. The video games, violent content, or ed the claim that “the state has controversies.

Top 5 reasons to buy a yearbook

5. To remember this mask-wearing year 4. To have a place to collect autographs 3. To remember what you looked like in high school 2. To remember what happen this school year 1. Because you always want to be a Giant

Order now for $60. Online at www.yearbookforever.com or from Mr. Hayes in Room X109 8 SPOTLIGHT BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SEPTEMBER 22, 2020

CLOSE BY Within a half mile of Ben Da- vis are four churches that help represent the Freedom of Religion American’s enjoy. (Staff photos)

The right to believe Freedom of Religion was big cause for founding of new nation

By Raelynn Hughes staff writer Court challenges (all court cases from billofrightsinstitute.org) reedom of Religion is the reason why we get to prac- Board of Education of Westside Community Schools vs. Mergens (1990) Ftice whatever religious be- The Court considered whether the Equal Access Act (1990) prohibits a high school from denying lief we believe. a student religious group permission to meet on school premises during non-instructional time, Religious freedom is protected by the First Amendment of the and if it does, whether the Act itself violates the Establishment Clause of the First Amendment. U.S. Constitution. It prohibits In an 8-1 decision, the Court affi rmed the lower court’s judgement that, because the school allows laws from establishing a national other non-curricular groups to meet, it is bound by the Act to permit other groups to meet and religion for its citizens and is one cannot deny such permission on the basis of religious content of those meetings. The Court fur- of the main reasons our founding ther ruled that the Act did not violate the Establishment Clause, because it passes the 3-pronged fathers fl ed England and landed test outlined in Lemon v. Kurtzman (1971) in that it grants equal access to both secular and reli- in the United States. gious speech (secular purpose), and it expressly limits participation by school offi cials at student “America was built upon reli- religious group meetings and requires that such meetings be held during non-instructional time gious freedom,” music director (does not advance religion and avoids excessive entanglement of religion and government). (Cita- at Chapel Hill United Method- tion: 496 US 226) ist Church, and theater teacher Mark Montgomery said. “ ‘In God We Trust’ this is printed on our Everson vs. Board of Education (1947) Zelman vs. Simmons-Harris (2002) money. Throughout the years I The Supreme Court examined whether a New Jersey law allowing The Court examined whether the state of Ohio’s Pilot Project Scholar- have realized how vital having reimbursements to parents who sent their children on buses operat- ship Program violated the Establishment Clause in providing tuition faith and hope is to each person’s ed by the public transportation system to public and private schools, vouchers for certain students in the Cleveland City School District to life, regardless of what you be- including parochial Catholic schools, was indirect aid to religion and lieve in.” attend participating public or private—including religious and nonre- Many people came to Amer- thus a violation of the Establishment Clause of the First Amendment. ligious—schools of their parents’ choosing. In a 5-4 decision, the Court ica for the simple fact that they In a 5-4 decision, the Court ruled that the law was constitutional, held that the program aid was neutral in all respects toward religion, would have religious freedom. because the transportation reimbursements were provided to all and that therefore the program did not violate the Establishment Even though many of the pilgrims students regardless of religion. Also, the reimbursements were made Clause. Tuition aid under the program was distributed to parents ac- that came to America came here directly to parents and not to any religious institution. This case cording to fi nancial need, and where the aid was spent depended solely for religious freedom, America also applied the Establishment Clause to the actions of state govern- on where parents chose to enroll their children. (Citation: 536 US 639) didn’t always support the idea. ments. (Citation: 330 U.S. 1) Many years before the pilgrims sailed across the sea on the May- fl ower, French Protestants had he killed his settlers for, “scatter- same religious views as them. the government from interfering James Monroe wrote in 1785. a colony near modern day Jack- ing the odious Lutheran doctrine In December of 1791, the First with anyone’s personal belief. “The religion, then, of every man sonville, Florida. Spanish colo- in these Provinces.” Amendment was adopted. It es- “We hold it for a funda- must be left to the conviction and nies took up much of Florida and Even after the English came tablished a separation of church mental and inalienable truth conscience of every man; and it is were mainly Cathlotic. The Span- to the Americas, the Puritans and state that prohibited the that religion and the manner the right of every man to exercise ish slaughtered the Protestants. of Massachusetts Bay Colony federal government from making of discharging it can be direct- it as these may dictate.” The Spanish leader wrote a let- banned people from the colony any law respecting an established only by reason and convic- Monroe would later become ter to the king of France and said because they didn’t have the ment of religion. It also prohibits tion not by force and violence,” our fi fth president. SEPTEMBER 22, 2020 BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SPOTLGHT 9 You did what? Citizens enjoy the right to question the government

By Brooklynn Sharp teachers and districts behind my staff writer “I think it is a critical and words,” Breedlove said. “They didn’t feel just my own words necessary tool that gives or feelings on my own situation, he freedom to petition the voice to the voiceless and but I was able to speak to the col- government is the right to laborative feeling and situation at make a complaint without the less powerful. Democra- hand.” T This right also gives citizens a the fear of being punished. As part of the First Amend- cy would die without it.” voice, something that Smith tries ment, the freedom to petition - Ninth grade social studies techer Jeremy to teach in his classes. “Finding ways for students to the government gives American Vaught on the right to petition the govern- citizens the right to question put their voice into action as citi- what the government is doing ment zens, petitioning the government by putting together petitions to or writing a letter to the editor of seek change. The government is a newspaper are ways this could not permitted to stop its citizens be done,” Smith said. from doing this. signatures for ballot initiatives, to have their voice heard.” Smith encourages his students “It allows the people’s griev- peaceful protests and picket- Vaught believes the petition to use whatever means are avail- ances to be written down and ing: all public articulation of is- part of the First Amendment able to make their voices heard. presented to the government or sues, complaints and interests might be its most important part. “Social media can do a lot, can whatever entity or institution is designed to spur government ac- “I think it is a critical and nec- bring pressure for change, but being protested against,” social tion qualifi es under the petition essary tool that gives voice to the if you combine that with an ac- studies teacher Matt Smith said clause, even if the activities par- voiceless and the less powerful,” tual petition -- with ideas fully about freedom to petition. take of other First Amendment he said. “Democracy would die thought out and argued in a doc- But where exactly did this freedoms. Smith Breedlove without it.” ument instead of 140 characters right begin? The origins of free- The petition clause of the Fist Other teachers feel strongly -- I believe that gets someone’s dom to petition can be traced Amendment allows citizens to ing the public order. about this right as well. Math attention,” Smith said. back to the Magna Carta, a royal focus government attention on “The freedom and right to pe- teacher Jessica Breedlove at- The important takeaway from charter of right signed by King unresolved ills; provide infor- tition the government is a neces- tended the RedforEd rally last this right, is that it does give ev- John of England in 1215, mation to elected leaders about sary check on government over- November but her involvement eryone a voice. Among the rights King John unpopular policies; expose mis- reach.,” ninth grade social studies didn’t stop after the rally. “I learned it feels amazing to be felt was important for England’s conduct, waste, corruption, and teacher Jeremy Vaught said. “It “Writing letters to follow a part of a larger group initiative,” citizens, was the right to fi le incompetence; and vent popular doesn’t matter if you are rich or up with legislators was helpful Breedlove said of her attempts to grievances against the govern- frustrations without endanger- poor: every citizen has the right as I felt the power of the other petition the goivernment. ment. Many historians call the Magna Carta the greatest constitutional Court challenges document ever written, so it is not surprising that the history of the Bill of Rights can be traced to the Magna Carta McDonald vs. Smith (1981) The original document of the In 1981, David Smith brought a libel suit against Robert McDonald claiming that McDonald had included First Amendment only included knowing and malicious lies in a letter to the President concerning Smith’s possible appointment as a United the right to petition the gover- States attorney. Smith claimed that these libelous claims damaged both his chances of appointment and ment and the right to assemble to his reputation and career. McDonald fi rst had the case removed to federal court on the basis of diversity of protest. The founding fathers felt strongly about these two rights. citizenship. Since the alleged libel was contained in a letter (petition) to the President, he moved for judg- The right to petition the gov- ment on the pleadings on the grounds that the Petition Clause of the First Amendment protected his right ernment was written into the to express his views without limitation as long as it was part of a constitutionally protected petition. The First Amendment by James Mad- court ruled 8-0 in favor of Smith, saying that the right to petition was subject to the same legal limitations ision, who was the fourth Presi- that the rights to speech and the press are ; therefore, claims made in the original letter, or in any similar dent of the United States. petition, were and are subject to libel lawsuits to be judged on their merits. “The people shall not be re- strained from peaceably assem- Buckley vs. American Constitutional Law Foundation Inc. (1999). bling and consulting for their In United Mine Workers of America vs. Illinois State Bar Associa- common good; nor from applying This case started in Colorado when the American Constitutional to the legislature by petitions, tion (1967) Law Foundation (Foundation) challenged the constitutionality of six or remonstrances for redress of The U.S. Supreme Court exalted the right to petition government limitations imposed by Colorado on the petitioning process. After their grievances,” Madison wrote offi cials as “among the most precious liberties safeguarded by the mixed rulings in both trial and appellate courts, the Supreme Court in his fi rst attempt to write the Bill of Rights” and implicit in “the very idea of government.” The granted certiorari to review three of the six original restrictions. The First Amendment. Court had earlier affi rmed the right to engage in such activity; it thus fi rst required petition circulators to be registered voters. The second Since the Bill of Rights was deemed it a fundamental liberty, protected against encroachment required them to wear identifi cation badges with their names, status ratifi ed, “petitioning” has come by federal, state and local governments. The bar association chal- as “volunteer” or “paid,” and if the latter then their employer’s phone to signify any nonviolent, legal lenged the United Mine Workers after the workers petitioned the number. The third required initiative proponents to report names, ad- means of encouraging or dis- bar assoctaion on a salary dispute. The essence of the complaint was dresses, and registration voting counties for all paid circulators, as well approving government action, as salary per petition signature, and each circulator’s total salary. Pro- whether directed to the judicial, that the Union had employed a licensed attorney on a salary basis executive or legislative branch. to represent any of its members who wished his services to pros- ponents also had to report, on a monthly basis, all proponent names, Lobbying, letter-writing, e-mail ecute workmen’s compensation claims before the Illinois Industrial names and addresses of circulators, circulators’ monthly salary and campaigns, testifying before Commission. The Supreme Court uphelp the mine workers ability to debt totals, and the name of each proposed ballot measure. In a 6-to-3 tribunals, fi ling lawsuits, sup- hire lawyers in part based on the fact the bar association also hired decision, the Court found the name, badge, and disclosure require- porting referenda, collecting outside lawyers on a salary basis. ments to be unconstitutional. 10 SPOTLIGHT BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SEPTEMBER 22, 2020

REDFORED RALLY An estiamted 15,000 teachers attended last November’s rally at the Indiana Statehouse to show support for public education. Math teachers Matt Mills and Sarah Shannon (right) were among a large group of Wayne Township teachers who joined in on the rally. (Photos by Tom Hayes) The right to gather When done (all court cases from mtsu.com) right, protests Court challenges

have meaning Edwards vs. South Carolina (1963) Tthe Supreme Court ruled that South Carolina had violated students’ First Amendment rights By Laura Fowler of peaceable assembly, speech, and petition when the police dispersed a peaceful protest against staff writer segregation. The case illustrates one of the roles played by the First Amendment in the civil rights movement of the 1950s and 1960s. The case began on March 2, 1961, when a group of African- ndianapolis has seen two in- American high school and college students marched on the South Carolina State House grounds in credible scenes downtown in Columbia to protest segregation. Carrying placards reading “Down with Segregation” and similar Ithe past year. protest phrases, the students walked single and double fi le for approximately 45 minutes, attracting Last November, an estmated a crowd of 200 to 300 onlookers, when the police gave them 15 minutes to disperse. 15,000 teachers rallied at the State- Instead of leaving, the students chanted patriotic and religious songs. At the end of the 15 minutes, house for a RedforEd rally to show police offi cers arrested the students. A magistrate’s court in Columbia convicted 187 students for support for education in the state. violating a breach-of-the-peace law. The convictions carried a fi ne of between $10 and $100 and a This past May and June, peace- jail sentence of 10 to 30 days. The South Carolina Supreme Court affi rmed the convictions. ful protests unfolded around town to show support for racial injustice. Coates vs. city of Cincinnati (1971) Gregory vs. city of Chicago (1969) Unfortunately, on one weekend In Coates vs. City of Cincinnati the Supreme Court invalidated a city In Gregory vs. City of Chicago the Supreme Court unanimously these peaceful protests turned vio- law against loitering that negatively affected freedom of assembly. upheld the First Amendment rights of peaceful civil rights protestors lent and left downtown businesses Coates charged with gathering and engaging in annoying conduct. over the overzealous actions of police attempting to quell anticipated destroyed and downtown virtually Cincinnati offi cials charged several individuals, including Coates, a civil disorder. Comedian and political activist Dick Gregory and his shut down for several weeks while college student, with violating an ordinance making it a crime for three group had become disenchanted with the slow pace of desegregation citizens rallied to clean up down- or more persons to gather on a public street and engage in annoying in Chicago public schools. They called for the removal of Superinten- town. conduct. A state court convicted the individuals, and the state su- dent Benjamin Willis and prodded Chicago mayor Richard J. Daley The First Amendment guaran- preme court affi rmed, noting that “the word ‘annoying’ is a widely used to facilitate this process. On August 2, 1965, the group conducted teed the right for both gatherings. and well understood word.” Coates contended that the law violated a three-and-a-half-hour march from the Loop District to the South The First Amendment states that due process and the First Amendment because it was too vague and Side neighborhood where the mayor lived. They were escorted by people are allowed to assemble infringed on the freedoms of assembly and association. The Supreme more than 40 police offi cers and an assistant city attorney. without the interference of the Court struck down the ordinance in a 6-3 vote. government. It allows the people to protest peacefully. There are many reasons that a downtown this year. A large group seeing that many teachers gathered said 2014 graduate Bre Cooper, a re- talk inside the state capitol, where person or group may want to pro- of Ben Davis teachers attended the at once.” porter for Indianapolis Recorder. “The only about 3,000 of the 15,000 test such as pay/salary, injustice RedforEd rally and Wayne Town- Several of our former and current peaceful riots were fun to cover but could attend. and unfair treatment, etc. There ship closed on that November day students attended the downtown when things turned violenet I was They believe that it was in their were many protests on those topics to allow teachers the opportunity rallies to show support for racial scared. For the most part, people right to be able to come together but some were more known than to be involved. equality. Two of our former stu- were there to be peaceful and to peacefully and be able to protest the others. “I enjoyed the chance to be in- dents covered the events for local voice their opinion.” peacefully. They do believe that do- Wayne Township was well repre- volved,” business teacher Lisa media. The RedforEd rally also included a ing anything out of peacefully pro- sented at both those historic ralies Bugay said. “It was prety incredible “You could tell people are angry,” march around the Statehouse and a testing is wrong. September 22, 2020 Ben Davis High School Indianapolis, IN Spotlght 11 Spotlight Editor-in-chief: Lexie Bordenkecher Politics play out in rallies

Opinions editor: Denise Gimlich A look at some famous protests throughout history Lifestyle editor: By Sophie Dorrance-Minch Mary Adams staff writer hroughout its history, the Sports editor: United States has had its Zion Brown Tshare of political rallies. From the civil rights rallies Photo editor: of the 1960s to the recent rallies Isli Trejo protesting racial injustice, the ...... country has endured plenty of political unrest. Here is a look at some famous rallies throughout Staff: history. Aaron Ayala, Choyce Cephus, Allison Flores, Sophie Dorrance- Minch, Frida Fonseca, Laura Boston Tea Party Fowler, Raelynn Hughes, Atzel December 16, 1773 Nunez, James McNeal, Jaylyn Patrick, Corbin Robinson, Boston, MA Brooklynn Sharp, Nick Wert, Brentton Wharton, The Boston Tea Party was the first significant act of rebellion against Great Britain, who un- Adviser: fairly taxed them without rep- Tom Hayes resentation. The Tea Act of 1773 was the final straw that results AN ILLUSTATION OF the Boston Tea Party which happened during 1773 Principal: in this opposition. 60 men led Sandra Squire by the Sons of Liberty disguised ly proposed in 1923, but it even- themselves as Native Americans tually made a recent resurgence The March for Our Telegramgate on December 16, 1773, and threw that eventually led to its passing. Spotlight is the official newspaper of 342 chests-92,000 pounds-of tea Lives Protests Ben Davis High School. It was created into Boston Harbor. March 24, 2018 and is maintained by the Board of Stonewall Riots July 14-24, 2019 Washington, D.C. Education of the Metropolitan School The punishment followed the June 28-July 3, 1969 Puerto Rico District of Wayne Township as part of protest and the British closed with other protests the curriculum of the school district. New York After a couple of years of slug- Boston’s port until the colonists lead worldwide Its purpose is to allow students to paid their Boston Tea Party debt gish recovery from hurricane develop and refine their skills as In the 1960s, prior to the Stone- Maria and several more years of and they had to house British sol- On February 14, 2018, 17 people journalists under the supervision of the wall Riots, raids on local gay bars alleged corruption within the diers. The additional acts were at Majority Stoneman Douglas principal, Sandra Squire, and faculty and harrassment to patrons by Puerto Rican government, a scan- meant to divide the colonies, but High School were killed by a for- of Ben Davis High School. the New York Police were com- dal involving the island’s gover- instead it sparked the first Con- mer student, Nikolas Cruz, who Spotlight represents and exemplifies tinental Congress in 1774 and mon. Being gay had been listed as nor and his staff led to a national a mental illness by the American opened fire with a semi-auto- outrage and calls for resignation. Ben Davis High School and is not a led to the American Revolution matic rifle. The tragedy marked public or open forum. The principal (1775-1783). Psychiatric Association’s Diag- On July 13, 2019, hundreds of pag- nostic and Statistical Manual a turning point that led to the es of messages, which were sent and faculty of Ben Davis High School March for Our Lives a month are therefore charged by the Board of since 1952. through the Telegram messag- Women’s On the morning of June 28, later. ing app, between Puerto Rico’s Education with the responsibility of The march in Washington exercising editorial oversight to ensure Suffrage Parade 1969, members of the LGBTQ+ governor Ricardo Rosselló and community had enough and re- D.C. was organized by students his staff containing homophobic, that contents of Spotlight reflect March 3, 1913 who survived the school shoot- Wayne Westside Community Values, sisted. Protests began on that racist, and vulgar language to rid- morning and continued for 6 ing and gathered 800,000 people. which may be found on the Wayne Washington, D.C. icule celibrities, journalists, and days, marking a monumental mo- Affiliated protests across the U.S. website and are available upon request politicians were leaked to the ment that inspired decades of ac- brought the total national turn- from Ben Davis High School. After 60 years of women fight- public. The messages also stated tivism within the LGBTQ+ com- out to an estimated 1.2 to 2 mil- It is the policy of Spotlight to accept ing for suffrage, the National they would use the media to tar- munity. lion. get political opponents. letters to the editor from all readers. American Woman Suffrage As- All readers must be signed and sociation organized a parade on Leaders of the Stonewall Riots Before the Douglas High School Days before the leak, the FBI verified for permission. The editor the eve of president Woodrow Wilson’s inauguration. The pa- formed organizations, such as the shooting, Florida’s gun laws were arrested the island’s head of the reserves the right to edit the letter for rade consisted of activist Alice Gay Liveration Front, after the among the weakest in America. health and education secretary journalistic and grammar purposes as Paul, more than 5,000 suffrag- event that pushed for both policy As of March 2018, the majority on corruption charges. Rosselló well as to maintain a safe environment ettes, four mounted brigades, changes and social inclusivity for Stoneman Douglas High School publicly apologizes immediately and to exempt prohibited material. nine bands and 20 parade floats. the LGBTQ+ community. The Public Safety Act was passed by after and said he won’t resign, Letters to the editor can be submitted During the march on Pennsyl- first Christopher Street Libera- the state legislature and imple- although the members of his to Tom Hayes in room X109 or to the vania Ave, opposing spectators tion Day march, which is named mented changes such as raising cabinet did. On July 14, 2019, pro- editors. Letters can also be e-mailed to attacked demonstrators and the after Stonewall Inn’s location, the minimum legal age for gun tests began outside his home and Tom Hayes at [email protected]. police didn’t intervene, resulting took place a year after the histor- purchases from 18 to 21, which continued for weeks as police at- in.us or to the editors. in more than 100 women injured. ic riots and led to a rise in annual increased waiting periods until tacked them with tear gas. The Readers who submit letters sent via worldwide Pride events. Since background checks clear or three protests intensified to the point e-mail must see either Tom Hayes or The parade’s strategic timing the 90s, the Supreme Court has days, whichever is longer. of resulting in major highways the editors for verification if they wish helped revive attention around established many landmark rul- Thanks in part to 16 other stu- shutting down and a strike across to be published. the movement, but it took seven ings that have put protections in dents, 17 states, including Florida the island. On July 24, Rosselló Businesses interested in advertising more years of protests, demon- place for and removed discrimi- and Washington D.C., have en- announced his resignation ef- in Spotlight should contact Tom Hayes strations and other tactics be- natory laws against the LGBTQ+ acted red flag laws that allow fective on August 2 of the same at 317-988-7148. Spotlight publishes fore the 19th Amendment (grants community, which include firing temporary firearms removal if year and five days later, Wanda 10 issues per school year and the women the right to vote) was employees due to their sexual someone poses a threat to them- Vázquez Garced became Puerto online version can be found at www. ratified on August 18, 1920. Even orientation or gender identity, selves or other individuals. Bump Rico’s governor. bdspotlight.com Advertising rates are after the 19th Amendment was legalizing gay/lesbian marriage, stocks have also been banned na- available upon request. ratified, they still fought for pro- and decriminalizing homosexual tionally due to their purpose of tections under the Equal Rights behavior. increasing semi automatic firing Amendment, which was original- weapon powers. 12 SPOTLIGHT BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SEPTEMBER 22, 2020 It is all about class Social studies department brings government alive

By Raelynn Hughes Supreme Court case, and learn staff writer about how the court has inter- preted a right or freedom in the he Bill of Rights is a docu- Bill of Rights. ment that embraces the The Bill of Rights obviously Tfi rst ten amendments in has a big historical signifi cance in the United States Constitution. U.S. history. It assures that the people of “The Bill of Rights is part of America have civil rights and lib- the foundation of our nation, and erties. It provides the most im- looking at how it has been inter- portant rights to the citizens. Its preted throughout periods of our purpose is to protect the rights nation’s history allows us to learn of American citizens, and it also from the past as we try to ensure limits the power the government that the U.S. is the best it can be,” has on a country. Singleton said. Shannon Singleton, one of BD’s Mike Vetter has been teaching US government teachers, is going U.S. government for 16 years. He on her 15th year of teaching the thinks that the Bill of Rights is Bill of Rights. She also is depart- needed. ment chair for the social studies “There is the opinion that as department. long as they are not taken away “I think it’s the most genius there is no need to have them ex- part of our Constitution,” Sin- plicitly stated, but I am glad that DEPARTMENT CHAIR Shannon Singleton works with senioir Jose Garcia during a recent government class. Singleton is chairman of the social studies department. (Photo by Amara Fason) gleton said. “It ensures that our they are written,” Vetter said. government is limited in how it Vetter teaches the Bill of Rights and protect you if you are ever ac- of the people.” its are and try to encourage them treats its citizens, and it is one similar to the way Singleton does. cused of a crime.” Vetter says he tries to get his to decide where they think the of the major reasons most people He teaches though, ”various as- Joseph Belser, also one of BD’s students to think critically about limits should be.” appreciate living in the US.” signments including lectures, government teachers, has been the Bill of Rights. The Bill of Rights began with Singleton fi rst starts out by games, discussions, handouts and teaching government for 12 years. “I try to have them evaluate 10 amendments but has been ex- having her students just read the articles.” He loves the Bill of Rights. whether or not the government panded to include 27. The 27th Bill of Rights. Then she has them He also says, ”They protect “It gives guaranteed freedoms is preserving these rights to all amendment took more than 200 do all sorts of activities like scav- your right to speak freely against to all American citizens,” Belser people fairly,” Vetter said. “Also, years to ratify and deals with pay enger hunts and different games. the government, go to any church said. “It limits the government’s there are limits to each right. I try increases for members of Con- Then the students investigate a you want (or not go if you want) power and preserves the power to teach students where the lim- gress.

“I try to have them evaluate whether or not the government is preserving these rights to all people fairly. Also, there are limits to each right. I try to teach students where the limits are and try to encourage them to decide where they think the limits should be.” - Government teacher BETTER WITH VETTER Social studies teacher Mike Vetter is also co-spon- Mike Vetter GOVERNMENT MATTER Social studies teacher Joseph Belser leads a dicus- sore of student council. (Photo by Isli Trejo) sion about current events in his government class. (Photo by Tom Hayes) September 22, 2020 Ben Davis High School Indianapolis, IN Spotlght 13

Student journalists express First Amendment freedoms

First Amendment posters created by junior Laura Fowler (above), senior Jordyn Coleman (left), junior Emilia Alvaros-Felix (below right) and junior D’Aviahn McNeal (below left). 14 SPOTLIGHT BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SEPTEMBER 22, 2020 The other amendments A rundown of what makes our rights as Americans

ing the drafting of the Bill of Rights By Brentton Wharton and when some of the American found- Atzel Nunez “If this nation is to be wise as well as strong, ers became concerned that future staff writers if we are to achieve our destiny, then we need generations might argue that, because a certain right was not listed The First Amendment to more new ideas for more wise men reading in the Bill of Rights, it did not exist. the United States Con- However, the Ninth Amendment stitution prevents the more good books in more public libraries. has rarely played any role in U.S. government from making constitutional law. In some cases, laws1 which regulate an establish- These libraries should be open to all—except The Ninth Amendment is consid- ment of religion, prohibit the free the censor. We must know all the facts and hear ered the forgotten amendment. exercise of religion, or abridge the The Tenth Amend- freedom of speech, the freedom of all the alternatives and listen to all the criti- ment, expresses the press, the freedom of assembly, the principle of or the right to petition the govern- cisms. Let us welcome controversial books and federalism, also known10 as states’ rights. The pur- ment for redress of grievances. It was adopted on December 15, 1791, controversial authors. For the Bill of Rights is the pose of this amendment is to pro- as one of the ten amendments that vide a necessary rule of construc- constitute the Bill of Rights. guardian of our security as well as our liberty.” tion and a reaffi rmation of the The Second Amend- - President John F. Kennedy, October 29, 1960 nature of federalism. It states that, ment to the United “The powers not delegated to the States Constitution War, which had allowed the Brit- The Sixth Amendment The Eighth Amendment United States by the Constitution, protects the individual ish Army to lodge soldiers in pri- grants criminal defen- of the United States nor prohibited by it to the States, right2 to keep and bear arms. It was vate residences. The Third Amend- dants the right to a Constitution prohibits are reserved to the States respec- ratifi ed on December 15, 1791, along ment was introduced in Congress speedy and public trial the federal government tively, or to the people.” When pro- in 1789 by James Madison as a part by an impartial jury consisting of from8 imposing excessive bail, ex- posed, many states were eager to with nine other articles of the Bill 6 of Rights. State and local govern- of the United States Bill of Rights, jurors from the state and district cessive fi nes, or cruel and unusual ratify this amendment, despite crit- ments are limited to the same ex- and it one of the least controversial. in which the crime was alleged to punishments.The Supreme Court ics who deemed the amendment tent as the federal government from The Fourth Amend- have been committed. Under the has ruled that the Cruel and Un- superfl uous or unnecessary. infringing upon this right. ment to the United impartial jury requirement, jurors usual Punishment Clause applies The Eleventh Amend- The Third Amendment States Constitution must be unbiased, and the jury to the states as well as to the fed- ment restricts the ability to the United States is part of the Bill of must consist of a representative eral government. The Supreme 11of individuals to bring Constitution places re- Rights.4 It prohibits unreasonable cross-section of the community. Court has held that the Excessive suit against states in federal court. strictions on the quar- searches and seizures. In addition, The right to a jury applies only to Fines Clause prohibits fi nes that In Chisholm v. Georgia, the Su- tering3 of soldiers in private homes it sets requirements for issuing offenses in which the penalty is are “grossly excessive”, and that preme Court had held that states without the owner’s consent, for- warrants: warrants must be issued imprisonment for longer than six the federal government cannot set did not enjoy sovereign immunity bidding the practice in peacetime. by a judge or magistrate, justifi ed months. The Sixth Amendment bail at “a fi gure higher than is rea- from suits made by citizens of The amendment is a response to the by probable cause, supported by requires that criminal defendants sonably calculated” to ensure the other states in federal court. While Quartering Acts passed by the Brit- oath or affi rmation, and must par- be given notice of the nature and defendant’s appearance at trial. the Eleventh Amendment estab- ish parliament during the buildup ticularly describe the place to be cause of accusations against them. The Amendment serves as a limita- lished that federal courts do not to the American Revolutionary searched and the persons or things The amendment’s Confrontation tion upon the federal government have the authority to hear cases to be seized. Clause gives criminal defendants to impose unduly harsh penalties brought by private parties against The Fifth Amendment the right to confront and cross- on criminal defendants before and a state where they are not citizens, to the United States examine witnesses, while the after a conviction. This limitation the Supreme Court has ruled the “A Bill of Constitution addresses Compulsory Process Clause gives applies equally to the price for amendment to apply to all federal criminal procedure and criminal defendants the right to obtaining pretrial release and the lawsuits against states brought by Rights is what other5 aspects of the Constitution. call their own witnesses and, in punishment for crime after convic- private parties. the people It was ratifi ed in 1791 along with some cases, compel witnesses to tion. The Twelfth nine other articles of Bill of Rights. testify. The Assistance of Counsel The Ninth Amendment Amendment to the are entitled to The Fifth Amendment applies to Clause grants criminal defendants of the United States United States Con- every level of the government, in- the right to be assisted by counsel. Constitution addresses stitution provides against every cluding the federal, state, and local The Seventh Amend- rights, retained by the the12 procedure for electing the pres- levels, in regard to a US citizen or ment, of the United people.9 It protects our everyday ident and vice president. Under government, resident of the US. The Supreme States Constitution, is lifestyle, our natural rights. The the original rules of the Constitu- Court furthered the protections of part of the Bill of Rights. amendment was introduced dur- tion, each member of the Electoral and what no this amendment through the Due This7 amendment codifi es the right just govern- Process Clause of the Fourteenth to a jury trial in certain civil cases Amendment. It also requires that and inhibits courts from overturn- “We will not, under any threat, ment should felonies be tried only upon indict- ing a jury’s fi ndings of fact. While ment by a grand jury. “Pleading the Seventh Amendment’s provi- or in the face of any danger, refuse, or rest the Fifth” is a colloquial term often sion for jury trials in civil cases has used to invoke the self-incrimina- never been incorporated (applied surrender the guarantees of lib- on inference.” tion clause when witnesses decline to the states), almost every state - Thomas Jefferson, to answer questions where the an- voluntarily complies with it. The erty our forefathers framed for third president of the swers might incriminate them. amendment additionally guaran- us in our Bill of Rights.” United States tees a minimum of six members for - Franklin D. Roosevelt, 32nd president of the a jury in a civil trial. United States SEPTEMBER 22, 2020 BEN DAVIS HIGH SCHOOL INDIANAPOLIS, IN SPOTLGHT 15 “But in the end it is each citizen who is responsible for protecting the liberties set forth in the Constitution and Bill of Rights.” - Ronald Reagan, 40th president of the United States

College casts two electoral votes, former owners. Though three mil- with no distinction made between lion Confederate slaves were in fact electoral votes for president and freed by Lincoln’s Emancipation electoral votes for vice president. Proclamation, their post-war sta- The presidential candidate receiv- tus was uncertain. To ensure the ing the greatest number of votes— abolition was beyond legal chal- provided that number equaled a lenge, an amendment to the Consti- majority of the elector, was elected tution to that effect was initiated. president, while the presidential On April 8, 1864, the Senate passed candidate receiving the second- an amendment to abolish slavery. most votes was elected vice president. In cases where no individual This right gives won a vote from a majority of the everybody who is electors, as well in cases where a born or natural- multiple individuals won votes ized in the U.S are from a majority of electors but tied henceforth14 citizens . States will not each other for the most votes, the make laws removing or disabling House of Representatives would any privileges or immunities U.S hold a contingent election to select citizens have . Also no state will the president. In cases where multi- take any liberty or property with- ple candidates tied for the second- out going to court . To stop anyone most votes, the Senate would hold who fought against the union or There will be no a contingent election to select the helped with enemies of the nation vice president quicker . If the presi- fee or tax when vice president. The fi rst four presi- . To deyn debt payment owned to The right to vote dent and vice president were to die voting. dential elections were conducted Confederate states and ban pay- wouldn’t be denied the next person in position of pow- under these rules. Under the new ment to former slave owners as for the reason of a er will take over those roles if they 24.When a va- rules, a contingent election is still compensation for the loss of their person’s sex. This choose to take those roles. right19 was fi rst introduced in 1892 cancy for Vice held by the House of Representa- human property President. The tives if no candidate wins a presi- but was notratifi ed until 1919. It is Ends the 18 amend- President shall dential electoral vote from a major- The right for often called the Women’s Voting ment thus allow- nominate25 a Vice President who ity of the electors, but there is no citizens to not Right. ing the transport , shall take offi ce with approval by longer any possibility of multiple be denied or selling , and mak- Terms of the ing21 of liquor. This is the reason the majority vote of both Houses of candidates winning presidential abridged from Congress. electoral votes from a majority of voting15 or by race , color , and affi lia- president and many liquor stores are called 21st electors. The Twelfth Amendment tion. Congress will have the power vice president Amendment. The right to vote also lowered the number of candi- to enforce the 15th amendment. will end at noon on20 january 20th .The senators and No president at the starting dates eligible to be selected by the age of 18 and House in a presidential contingent Congress will have representatives term will end janu- shall be able be over without election from fi ve to three, estab- the power to lay ary 3. Congress must at least as- president no being26 denied. This was ratifi eid in lished that the Senate would hold and collect taxes semble once a year on january 3th more than two unless the law says otherwise . If times.22 Unless this amendment is 1971 and became national law on a contingent election for vice presi- without a census. July 1, 1971. dent if no candidate won a major- 16 the president died the vice presi- ratifi ed. ity of the vice presidential electoral In 1913, the 17th dent will take over . If the presi- To stop the in- vote, and provided that no individ- Amendment gave dent has not been chosen by then Giving the rights crease or de- ual constitutionally ineligible to people the right to the vice president will be as act- to vote to the crease of salary the offi ce of president would be eli- vote for their sena- ing president will a president have people living in from member of gible to serve as vice president. tors17 instead of the state legislature. been chosen . If neither has been the District of co- congress27 until the next term of the chosen then there must be quali- lumbia.23 This is called direct election, where house of representatives The Thirteenth the people choose who is in offi ce. fi cations to choose a president or Amendment abol- give the right for the people the ished slavery and in- right to vote for their senators in- voluntary servitude, stead of the legative branch . If the “The external threat to liberty should not except13 as punishment for a crime. senator seat is empty the governor It was the fi rst of the three Recon- can choose a new senator. This drive us into suppressing liberty at home. struction Amendments adopted also established a six-year term for following the Civil War. President senators and also that each state Those who want the Government to regu- Abraham Lincoln’s Emancipation would have two senators. late matters of the mind and spirit are like Proclamation, issued on January 1, 1863 declared that the enslaved in Banning the selling men who are so afraid of being murdered Confederate-controlled areas were , making and trans- free. When they escaped to Union portation of liquor. that they commit suicide to avoid assassi- lines or federal forces – includ- Congress and ing now-former slaves – advanced states18 will enforce these laws. This nation.” south, emancipation occurred was ratifi ed in 1918 and led to what - Harry Truman, 33rd president of the United States without any compensation to the historians refer to as prohibition. 16 Spotlight Ben Davis High School Indianapolis, IN September 22, 2020

THOSE TIMES SPORTS HAVE MADE A STATEMENT Wins and losses aren’t the only things sports has brought to the forefront of society. In 1968, two famous Olympic runners (middle photo) started a national discussion on race when they raised their fists in the air during the Mexico City Olympics. Mahmoud Abdul-Rauf (top left) made a religious statement about the state of America by praying during the Star-Spangled Banner. NBA players recently boycotted games in response to the shooting death of Jacob Blake in Wisconsin and players wore tributes to George Floyd (top right) after he was killed by police in Minnesota. Former NFL quarterback Colin Kaepernick began taking a knee during the national anthem in 2016 (bottom left) and Olympic soccer star Megan Rapinoe (bottom right) was outspoken about race relations and gender equity. (File photos and NBA photos reprinted with permission from NBA.com) Sports challenges the status Everyone from Olympic stars to outed NFL players have questioned some of the ‘norms’ of society

By Zion Brown onds in the race. Peter Norman, the anthem is former San Francis- International Olympic Commit- 2001. an Australian, placed second sports editor co quarterback Colin Kaepernick, tee (IOC) threatened to ban the Kaepernick eventually was between Smith and Carlos. Car- who decided in August of 2016 to entirety of the U.S. track team. outed by the NFL after spending los and Smith wore black gloves take a knee during the playing of However Smith and Carlos were the entire season taking a knee to the award podium and while the national anthem to show his allowed to keep their medals during NFL games. He received ontrary to popular be- “The Star-Spangled Banner” was displeasure over racial injustice despite reports that they were support from former militray lief, athletes have exer- playing, the athletes raised their in the United States. forced to turn them in. personnel but also was criticized Ccised their first amend- fists towards the sky as a symbol And just a few weeks ago, NBA Mahmoud Abdul-Rauf’s direct by many people, including many ment rights in the playing field of fighting the oppression and ra- players boycotted three days punishment was less harsh, as he politicians and NFL owners. for quite some time. There are an cial injustice of Blacks in America. of playoff games following the was suspended just one game by As for the sports boycotts that abundance of major and minor In 1996, Denver Nuggets guard shooting of Jacob Blake in Wis- the NBA for a violation of league occurred in late August, it is un- instances of athletes protesting Mahmoud Abdul-Rauf was hav- consin. This prompted a wave of rules pertaining to the national sure what the aftermath will be against their government or their ing the best year of his career, sports boycotts across baseball, anthem. Abdul-Rauf and former or if there will be negative conse- league/organization while play- averaging nearly 20 points per football, tennis, and many other commissioner David Stern then quences at all. ing the sport they love. Whether game. But in the second half of sports. The boycott was started made an agreement that he could Although teams and athletes in team or individual sports, ath- the season, Abdul-Rauf chose to by the Milwaulkee Bucks prior pray with his head down while have now resumed their play, letes have always fought against remain in the locker room dur- to their Game 4 matchup against the anthem played. But at the end they are still using their platform injustices before, during, or after ing the national anthem. Not the Orlando Magic in the Eastern of the 1996 season the Nuggets to fight for social justice. Many athletic events. many noticed at first but once a Conference Playoffs. The remain- traded Abdul-Rauf to the Sacra- athletes are using their clothing One of the most memorable oc- reporter questioned him about it, ing playoff teams followed the mento Kings where his minutes to send a message about injus- currences of this was in the 1968 the issue blew up. Mahmoud is a Bucks and the fallout throughout saw quite a decline. By 1999, at tice. Some have even made sure Olympics. Muslim and he saw the American the sports world was enormous. just 29 years old, Mahmoud Ab- to dedicate each of their pregame In the 200 m race, two Ameri- flag as a symbol of oppression and But each of these protests had dul-Rauf was no longer in the and postgame interviews to shed cans, Tommie Smith and John racism, two things that strongly their fair share of backlash and NBA. Things got even worse for light on these issues. It may be Carlos placed first and third in oppose Islamic faith. consequences. For Smith and Abuul-Rauf as his unoccupied years until we actually see the ef- the race. Smith set what was then Another famous athlete who Carlos, they were expelled from house in his home state of Missis- fects of these protests but what a world-record time of 19.83 sec- protested during the playing of the 1968 Olympic Games after the sippi was burned down in July of we do know is that they are noth- ing new to the playing field.