The Bill of Rights Chapter 4

The First Amendment Section 1

Bill of Rights

First Amendment Freedoms The Bill of Rights, added in 1791, protects our civil liberties— the freedom to think & act without government interference or fear of unfair treatment. The First Amendment protects five basic freedoms: religion, speech, press, assembly, & to petition the government.

Freedom of Speech Congress shall make no laws . . . abridging the freedom of speech

Freedom of Religion Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of

Congress shall make no law . . . abridging . . . the freedom of the Freedom of the Press Congress shall make no law . . . abridging . . . the freedom of the press.”

Freedom of Assembly Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

Petition the Government Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

Congress may not establish an official religion, favor one religion over another, or treat people differently because of their beliefs. People may practice their faith as they wish.???

In some countries, people can be jailed for criticizing the government or voicing unpopular ideas. We can say what we want, in public or in private, without fear of punishment. Freedom of speech includes conversations, radio, & TV. It also protects forms of expression other than the spoken word, such as clothing, flag burning, etc. This is called symbolic speech.

We may express ourselves freely in print & other media We may express ourselves freely in print & other media. The government cannot practice censorship— it cannot ban printed materials or films because they contain offensive ideas or prior restraint- ban information before it is published or broadcast.

We may gather in groups for any reason, as long as the assemblies are peaceful. Governments can make rules about when & where activities can be held but cannot ban them. We may freely join clubs, political parties, unions, & other organizations. We have the right to petition the government. A petition is a formal request. We can complain or express ideas by writing to our representatives.

Limits to First Amendment Freedoms The Supreme Court has decided that First Amendment freedoms may be limited to protect safety & security. You may not provoke a riot. You may not speak or write in a way that leads to criminal activities or efforts to overthrow the government.

In practicing your religion, you may not participate in illegal activities such as human or animal sacrifices, drug use, or polygamy. The press may not release information that could endanger our military or national security. All assemblies must be peaceful. The government can regulate when and where these assemblies take place.

You should use civil liberties responsibly & not interfere with the rights of others. You may criticize government officials but not spread lies that harm a person’s reputation. Doing so is a crime called slander if the lies are spoken & libel if they are printed. Unlimited freedom is not possible in a society. The rights of one individual must be balanced against the rights of others & of the community.

Other Guarantees in the Bill of Rights Section 2

I. Protecting the Rights of the Accused A. The Fourth, Fifth, Sixth, & Eighth Amendments protect the rights of accused people. B. The Fourth Amendment protects against unreasonable searches & seizures. If police believe you have committed a crime, they can ask a judge for a search warrant— a court order allowing law enforcement officials to search a suspect’s home or business & take evidence. Search warrants are granted only with probable cause.

C. The Fifth Amendment states that no one can be put on trial for a serious federal crime without an indictment— a formal charge by a grand jury, which reviews the evidence. An indictment does not mean guilt—it indicates only that the person may have committed a crime. D. The Fifth Amendment also protects against double jeopardy. Someone tried & judged not guilty may not be put on trial again for the same crime.

E. The Fifth Amendment protects an accused person’s right to remain silent. This prevents a person from being threatened or tortured into a confession. These are called Miranda rights. F. The Fifth Amendment states that no one may be denied life, liberty, or property without due process, or the use of established legal procedures. G. The Fifth Amendment limits eminent domain— the right of government to take private property (usually land) for public use.

H. The Sixth Amendment requires accused people to be told the charges against them & guarantees a trial by jury. Trials must be speedy & public with impartial jurors. Accused people have a right to hear & question witnesses against them & call witnesses in their own defense. Accused people are entitled to a lawyer.

I. Before trial, the accused may stay in jail or pay bail, a security deposit. Bail is returned if the person comes to court for trial but is forfeited if the person fails to appear. The Eighth Amendment forbids excessive bail & excessive fines. It also forbids cruel & unusual punishment. Punishment must fit the severity of the crime.

II. Protecting Other Rights A. The Second Amendment is often debated. Some believe it only allows states to keep an armed militia, or local army. Others believe it guarantees the right of all citizens to “keep & bear arms.” The courts have generally ruled that government can pass laws to control, but not prevent, the possession of weapons. B. The Third Amendment says that soldiers may not move into private homes without the owners’ consent, as British soldiers had done in colonial times

C. The Seventh Amendment concerns civil cases— lawsuits involving disagreements among people rather than crimes. It guarantees the right to a jury trial in civil cases involving more than $20. D. The Ninth Amendment says that citizens have other rights beyond those listed in the Constitution.

E. The Tenth Amendment says that any powers the Constitution does not specifically give to the national government are reserved to the states or to the people. This prevents Congress & the president from becoming too strong. They have only the powers the people give them.

2nd Amendment Right to keep and bear arms

3rd Amendment Protection from quartering of troops. 

Protection from unreasonable search and seizure. 4th Amendment Protection from unreasonable search and seizure. 

5th Amendment Due process, double jeopardy, self-incrimination, private property.

Trial by jury and other rights of the accused. 6th Amendment Trial by jury and other rights of the accused. 

7th Amendment Civil trial by jury.

Eighth Amendment Prohibition of excessive bail well as cruel or unusual punishment.

9th Amendment Acknowledges the existence of rights that may not be listed in the Constitution.

10th Amendment Reserves all powers not given to the federal government to the states and to the people. 

If we have freedom of speech and expression, why are they limited at school?

Expression Rights in Public Schools The Supreme Court has developed three test from three landmark cases involving public schools. Tinker Standard Fraser Standard Hazelwood Standard

Tinker v. Des Moines School District, 1969 Three students planned to wear black armbands to school to protest the Vietnam war. The school heard about their plans and enacted a no-armband policy. The Court ruled with the students, saying that schools may not silence student expression just because they don’t like it.

Tinker Standard Schools cannot stop student expression unless they can reasonably predict that it would lead to either … A disruption of the school environment OR An invasion of the rights of others.

Bethel School District v. Fraser, 1986 Matthew Fraser gave a speech before a school assembly nominating a classmate for student government. His speech contained numerous vulgar, sexual references. He was punished and sued the school.

The Fraser Standard The Court ruled that the rights of students are not the same as those of adults. Schools have to teach students the boundaries of socially appropriate behavior.

Hazelwood School District v. Kuhlmeier, 1988 Articles dealing with teen pregnancy and divorce were censored from a school paper by the principal. The students sued the school for violating their right to freedom of the press.

Hazelwood Standard The court ruled that a school could censor any school-sponsored publications. Schools may censor speech that would associate the school with a politically controversial issue.