GOV CH5: Bill of Rights

First Amendment

1. Freedom of Religion

2. Freedom of Speech

3. Freedom of Press

4. Freedom of Assembly

5. Freedom of Petition

Second Amendment

1. Right to Bear Arms

2. Well-regulated militia

Third Amendment

1. Quartering Soldiers

Fourth Amendment

1. No unreasonable searches/seizures

2. Probable Cause

Fifth Amendment

1. Self-incrimination

2. Double Jeopardy

3. Due Process

Sixth Amendment

1. Right to fair trial & lawyer

Seventh Amendment

1. Civil cases can have jury trial

Eighth Amendment

1. No cruel & unusual punishment/torture

Ninth Amendment

1. Protection of unenumerated rights

Tenth Amendment

1. The rights to powers not of the federal government belong to states and people

Fourteenth Amendment

1. No law that takes away rights of people

2. Due Process

3. Equal Protection of Laws

government can limit these rights

Civil Liberty

Freedom of Religion

Civil Liberty

Freedom of Press

Civil Liberty

Freedom of Assembly

Civil Liberty

Freedom from Unreasonable Search & Seizure

Civil Liberty

cannot be taken away based on gender, race, ethnicity, etc.

Civil Right

Right to Due Process

Civil Right

Right to Trial by Jury

Civil Right

Right to Legal Counsel

Civil Right

Right to Vote

Civil Right

Right to Petition Government

Civil Right

Schenck v. United States

"clear & present danger” test to restrict speech

Marbury v. Madison

Bill of Rights does not apply to state government actions

Barron v. Baltimore

The Bill of Rights applied only to federal government actions

Plessy v. Ferguson (1896)

racial segregation didn’t violate the Equal Protection Clause (14th) as long as "separate but equal"

Abrams v. United States

"clear and present danger" → limit Freedom of Speech

Gitlow v. New York

• 1st Amendment’s free speech rights extend to states via the 14th Amendment

• Incorporation of Bill of Rights

Brown v. Board

separate educational facilities are unequal → violate equal protection of laws (14th)

Engel v. Vitale (1962)

banned state-sponsored prayer in public schools

Lemon v. Kurtzman

public funds to support private religious schools were unconstitutional

Reynolds v. United States

although the law may not interfere with beliefs, it may interfere with practices

Minersville School District v. Gobitis

court decided against two suspended students for refusing to say the Pledge of Allegiance.

West Virginia State Board of Education v. Barnette

refused flag salute was protected under 1st Amendment

Brandenburg v. Ohio

“clear and present danger” that might justify suppressing free speech.

Texas v. Johnson

 flag burning was protected symbolic speech.

Reno v. American Civil Liberties Union

Communications Decency Act law was so vague → struck down

Near v. Minnesota (1931)

attempts at prior restraint = unconstitutional.

New York Times Co. v. United States

no notable impact on national security → no censoring the press

Hague v. CIO

rules must be enforced equally for all groups

NAACP v. Button (1963)

helping people petition the government for their lawful rights is protected

United States v. Miller (1939)

government has right to regulate weapons

District of Columbia v. Heller (2008)

struck down law Washington DC to guarantee "the individual right to possess and carry weapons in case of confrontation."

McDonald v. City of Chicago (2010)

individual right to keep and bear arms applied to state governments too

Katz v. United States (1967)

"reasonable expectation of privacy" in a phone booth → warrant needed

Terry v. Ohio (1968)

reasonable actions/suspicions → "stop and frisk" rule

Miranda v. Arizona (1966)

• must be warned that he has a right to remain silent

• statements may be used as evidence against him

• right to the presence of an attorney

Gideon v. Wainwright

right to a free/government lawyer

Sheppard v. Maxwell

press coverage can’t interfere with a defendant's right to due process

In re Kemmler

any method of execution is acceptable, but no "torture or lingering death."

Furman v. Georgia

capital punishment cruel & unusual when applied unequally → halted all executions in the U.S.

Gregg v. Georgia

capital punishment applied more consistently → death penalty ruled constitutional under the new laws

Griswold v. Connecticut

9th Amendment includes right to privacy

Roe v. Wade (1973)

right to privacy includes a woman's right to have an abortion

United States v. Morrison (2000)

violent crime between individuals was an issue for the states, not the federal government

Tinker v. Des Moines

• schools can limit speech only if “substantial disruption” to the learning environment

• students do not lose their 1st Amendment rights when they enter school

New Jersey v. T.L.O

• School officials do not need a warrant to search students.

• Searches must be reasonable, not based on probable cause