U.S. Constitution Amendments and Civil Rights Overview

1st Amendment

Freedom of speech, religion, press, assembly, and petition.

Establishment Clause (1st Amendment)

Prohibits the government from establishing, favoring, or endorse a religion.

Free Exercise Clause (1st Amendment)

Protects individuals' rights to practice their religion. Govt can't interfere with religious practice unless there’s a neutral, generally applicable law with compelling interest. restriction actions via neutral law: Drug use, polygamy, animal cruelty laws, etc

Restrictions on Freedom of Speech

Includes child porn, copyright and trademark infringements, false advertising, dangerous political speech, time, place, and manner restrictions.

Freedom of Press Limitations

Prior restraint, libel, obscenity, symbolic speech

Prior Restraint

Government action that prohibits speech or other expression before it can take place.

Libel

A published false statement that is damaging to a person's reputation.

Obscenity

Material that violates community standards and lacks serious literary, artistic, political, or scientific value.

Symbolic Speech

Actions that purposefully and discernibly convey a particular message or statement.

2nd Amendment

Right to bear arms.

4th Amendment

Protection against unreasonable searches and seizures.

5th Amendment

Due Process. Protection against self-incrimination and unlawful seizure of property.

Eminent Domain

Powers to take property for public use without fair compensation is limited.

6th Amendment

Right to a fair and speedy trial with a jury.

8th Amendment

No cruel and unusual punishments.

9th Amendment

Rights not listed directly in the Constitution are still protected.

10th Amendment

Powers not given to the government are given to the states.

14th Amendment

All persons born or naturalized in the US are US citizens and citizens of the State wherein they reside. No State shall make/enforce any law which abridge the privileges or immunities of US citizens. (Equal Protections Clause, Due Process. Selective incorporation and exclusionary rule)

Selective Incorporation

Bill of Rights also applies to the states, one right at a time.

Exclusionary Rule

Government is not allowed to use improperly seized evidence against a criminal defendant.

15th Amendment

Voting cannot be denied based on race.

16th Amendment

Federal income tax.

17th Amendment

Direct election of senators.

19th Amendment

Women's right to vote.

22nd Amendment

Set presidential terms.

24th Amendment

Abolished poll taxes in elections.

26th Amendment

Voting age was lowered to 18.

Due Process (5th and 14th)

Nor shall any state deprive any person of life, liberty, or property, without due process of law

Equal Protection Clause

No State shall deny to any person within its jurisdiction the equal protection of the laws