Democracy Test #3 (Amendments 1-4)

What five specific freedoms are always protected by the First Amendment?

The freedom of religion, assembly in peace, press, petition, and speech.

What two exceptions/unprotected actions are there to the First Amendment?

Slander and Sedition.

What is sedition?

Speech or writing to cause rebellion against the government.

What is slander?

The spreading for false statements against a person’s character.

Why is sedition not always protected by the First Amendment?

The Constitution does not shield speech or actions designed to incite immediate violence or illegally overthrow the government.

How might a charge of slander be misused? Try and provide a hypothetical (or real) situation to illustrate this point.

Powerful figures can misuse slander charges via frivolous lawsuits to intimidate critics and drain their finances, forcing them to retract true statements to avoid legal fees. A developer sues a local resident for slander after they voice environmental concerns at a council meeting, using costly litigation to silence them.

What does Amendment Two allow people to do?

Allows people to keep and bear arms without infringement.

For what purpose are they allowed to do this in Amendment Two?

To have of a well-regulated militia needed for the security of a free State.

Is Congress allowed to infringe upon this Second Amendment right in any way?

While Congress cannot ban firearms entirely, it is legally permitted to place limitations on how, where, and by whom weapons are acquired and carried.

What are some of the perimeters (restrictions) placed upon the Second Amendment by the US Congress?

By banning firearms for those with a criminal background; those who are psychologically crazy, insane, or unstable; and by only giving rifles or shotguns for those over 18, and handguns for those only over 21, so setting age limits.

What can’t Congress do according to Amendment Three?

Congress cannot force homeowners to quarter or house soldiers in private homes during times of peace.

Are there any exceptions to Amendment Three?

Yes, and there are 2. First is during wartime. Second is if the homeowner gives consent.

Is the Third Amendment a major concern for people today? Why or why not?

No. The U.S. military now relies on its own vast network of bases and barracks rather than commandeering private homes.

What does Amendment Four protect people against?

Unreasonable searches and seizures by the government.

What 6 things are needed on a search warrant for it to be legit?

Correct name of the place’s owner, correct date of the search, the judge’s correct signature, the correct reason why, the correct thing they are searching for or seizing, and the correct address of the place being searched.

When can a private residence be searched?

When there is a valid search warrant, a homeownner’s voluntary consent, hot pursuit, imminent danger, and when there is plain view.

What is plain view?

Allows police to seize evidence that is incriminating or illegal without a warrant if they see it out in the open.

What is probable cause? What does it allow police or law enforcement to do?

It is a reasonable belief—based on factual evidence or clear circumstances—that a crime has been committed or that evidence of a crime is located in a specific place. It allows them to legally make an arrest, conduct a search, or obtain a search or arrest warrant from a judge.