US History 1 H Bill of Rights

Flashcards of the 10 Amendments

Amendment 1 (Longest one i believe)

Religion, Speech, Press, Assemble, Petition

Aspects:

• Does not apply to state govs

• Ensures free market place of ideas

• Self gov is impossible w/o free speech

• (Privilege that a lot of ppl don’t have)

Freedom of Religion:

• Establishment clause

  • Seperation of Church and State

  • Gov cannot favor or establish a specific religion

• Free Exercise Clause

  • Prohibits gov from interfering with expression/ exercise of religion

• Compelling Interest

  • Can violate free exercise clause if there is.a matter of public safety/other

Freedom Of Speech

• Types:

  • Pure speech: spoken

  • Speech Plus: Signs/other messages

  • Symbolic Speech: Expressing ideas through actions

  • Right not to speak

• Public Forum= Venue for Public Speech

  • can be limited for “time, place, and manner”

• Limits

  • Obscenity: Offensive/improper speech

    • dependent on context of the speech

  • Defamation: Hurting reputations by spreading falsehoods/lies

    • Libel: written defamation

    • Slander: Spoken defamation

  • Fighting Words: Abusive, insulting, comments said to a specific individual to their face

    • Hate Speech: direct fighting words to a protected minority

    • Speech that incites illegal action: does it incite illegal activity or not?

  • Speech in Schools: As long as it does not create material/substantial problems, then allowed

Freedom of the Press: originally clearly protected newspaper, now protects other mediums of communication

• Seditious libel: Zenger Case

• Prior restraint: Censoring info before it is released

• Actual Malice: Knowledge of Falsity of Claims

Right to Peacefully Assemble

• right to gather and assemble ideas

  • peacefully

  • cannot disturb other occurrences

  • goes with the whole “time, place, manner” thing

Right to Petition

• right to petition the government for grievances

Amendment 2

Amendment 3

Amendment 4

Amendment 5

Amendment 6

Amendment 7

Amendment 8

Amendment 9

Amendment 10