Categories for the BoR Revolution Reactions Laws & Courts Non- Rights

1 st Amendment  Freedom of: Religion Speech Press Petition Assembly

The First Amendment - Freedom of Religion  “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof…”  Two clauses: Establishment clause ○ This is what is traditionally thought of as “separation of church and state” ○ Means that the government cannot officially sanction a religion for the state, preference one religion over another, or preference religion over non-religion. Free Exercise clause ○ This clause ensures that the government cannot (within reason) keep you from practicing your religion

The First Amendment Freedom of Speech  “Congress shall make no laws... abridging the freedom of speech”

The First Amendment Freedom of Speech  Limits on Freedom of Speech  The individual CAN: State any political belief. Protest (peacefully). Talk poorly about other people as long as it’s true. Burn the American flag. Say racist and hateful slogans.  All of this means that someone may very likely say something you will disagree with.

The First Amendment Freedom of Speech  Limits on Freedom of Speech  The individual CAN NOT: Threaten violence. Sexually harass someone. Spread lies (libel and slander) Create social chaos ○ Brandenburg v. Ohio ○ Speech that may create “imminent lawless action” is not protected. Obscenity in a public forum

The First Amendment - Freedom of the Press  “Congress shall make no law... abridging... the freedom of the press.”  Similar to freedom of speech, but with the media.  Outlets reporting “information and opinion” enjoy great protection of their content. Freedom, not responsibility, is protected by the first amendment  Some limitations: The FCC (Federal Communications Committee) holds the right to restrict “indecent” material in broadcasting

The First Amendment Right to Peaceable Assembly  “Congress shall make no law…abridging…the right of the people to peaceably assemble.”  Allows for protests, rallies, and political events  Key word is “peaceably” Riots and violence are not protected and can result in arrests and jail.

The First Amendment Right to Petition the Government  “Congress shall make no law…abridging the right…of the people to petition the Government for a redress of grievances.”  You may sue the government for wrongs.  You cannot be punished for exposing wrongs by the government.  The courts decide “wrongs”. In the past, this right has been limited, particularly during times of war.

2 nd Amendment  Right to Bear Arms  Keep a Well-Regulated Militia for the security of the State

3 rd Amendment  Freedom from quartering troops in homes  Quartering=Housing

4 th Amendment  Freedom from: Unreasonable searches and seizures  Search Warrants only given with probable cause

5 th Amendment  Rights guaranteed to the accused: No “Double Jeopardy” No Self-Incrimination Cannot Deprived of Life, Liberty or Property without due process of law Eminent Domain clarification

Double Jeopardy  Cannot be tried for the same crime twice

Eminent Domain  The Government can “take” private land for public use Must be fairly paid Must give just compensation

Eminent Domain

6 th Amendment  Right :  to a speedy, public trial by an impartial jury.  Be informed of charges  Confront witnesses  Right to an attorney

7 th Amendment  Right to trial by jury in Civil Law Suits  Most of the time people forgo this right

8 th Amendment  No Excessive Bail Amount of money needed to be released after committing a crime before a trial  No Cruel and Unusual punishment

9 th Amendment  Rights not listed in the Constitution retained by the people “We realized we did not cover everything”

10 th Amendment  Powers reserved to the States  States can make laws about things not listed in the constitution  Cannot go against the Federal Government  Fifty in One