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