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structure of the constitution
preamble
7 articles
27 amendments (including Bill of Rights)
bill of rights
1st ten Amendments of the Constitution
James Madison credited as author
an example of civil liberties, NOT civil rights
first amendment liberties are most absolute
civil liberties
freedoms from the government
civil rights
gov. protects people from discrimination
first Amendment
speech, religion, press, petition, peacefully assemble
speech
spoken or nonverbal (symbolic) language
limits to freedom of speech
fighting words
schools
defamation
imminent lawless action
obscenity
“time, manner, place”
fighting words
threaten
harass
intimidate
★ general hate speech mostly protected by law
schools
“disrupts learning environment”
“sexually vulgar and lewd”
encourages drug use + illegal activities
defamation
knowingly saying something false about someone to hurt their reputation
two types: libel + slander
libel: written
slander: spoken
imminent lawless action
speech inciting someone to break the law
obscenity
nudity
courts often struggle with this category, as determining whether something is art or sexually explicit is difficult
“time, manner, place”
gov. can limit speech in these ways if done neutrally
ex: can’t restrict KKK’s protests while not restricting BLM protests
freedom of religion
outlined in first amendment by two clauses: establishment clause + free exercise clause
establishment clause
gov. can’t establish an official religion or act with the purpose of advancing one
“separation of church and state”
free exercise clause
gov. can’t violate your right to practice religion
second amendment
right to bear arms
original purpose of the second amendment
self-defense against tyrannical government
a check on power
purpose of second amendment today
so the gov. doesn’t have a monopoly on force
self-defense against criminals
traditional lawful purpose
court case dealing w/ second amendment
DC v. Heller
DC v. Heller
DC had a law banning handguns
constitutional question: can a state have a law banning guns without violating the second amendment?
verdict: unconstitutional, b/c by banning handguns, you’re banning “traditional lawful purpose”
third amendment
a response to the quartering act
soldiers can’t force you to shelter them
fourth amendment
no unreasonable searches or seizures