Amendments #1-10- Which freedoms/rights are guaranteed? 

1- freedom of speech, press, assembly, religion, and petition 

2- right to keep and bear arms 

3- prevents the government from forcing homeowners to allow soldiers to use their homes 

4- bars the government from unreasonable search and seizure of an individual and their private property 

5- people accused of crimes: 

• Serious criminal charges must be started by a grand jury 

• No double jeopardy (a person being tried twice for the same offense)

• Property cannot be taken away without just compensation 

• People have the right against self-incrimination

• People cannot be imprisoned without due process of law

6- provides the right to a speedy and public trial, trial by impartial jury, and the right to be informed of criminal charges 

• Witnesses must face the accused and the accused is allowed their own witnesses, as well as to be represented by a lawyer 

7- right to a trial by jury in federal civil cases 

8- bars excessive bail and fines, as well as cruel and unusual punishment 

9- states that listing specific rights in the constitution does not mean people do not have other rights that are not specifically articulated 

• The enumerated powers of congress cannot be misconstrued to deprive the people of their given rights 

10- states that the federal government only has the powers that are delegated to them in the Constitution- if the power is not listed, it is in the hands of either the states or the people  

Why was the Bill of Rights added to the Constitution? 

• It helped the states who were skeptical of the Constitution accept the idea, due to the firm boundaries that the listed rights were unalienable 

1st Amendment- overall

• Freedom of speech, religion, press, assembly, and to petition the government  

• Protects symbolic speech, hate speech, and prior restraint 

Hate Speech 

• Protected under the first amendment, based upon the idea that it is not the proper role of the government to attempt to shield individuals from ideas and opinions that they find unwelcome, disagreeable, or even deeply offensive 

Symbolic Speech- define and examples of when it’s protected 

• A type of nonverbal communication that takes the form of an action in order to communicate a specific belief, typically political in nature 

Prior Restraint 

• An administrative or judicial order that forbids certain speech before the time that the communication is to occur 

• Very difficult for the government to do unless it endangers national security 

Clear and Present Danger Test

• Speech may be restricted when it becomes a clear and present danger that Congress has the right to prevent 

• Usually relates to national security- harder to restrict speech in peacetime  

Direct Incitement Test 

• Government can punish the advocacy of illegal action only if it directly incites or produces “imminent lawlessness” 

Libel/slander 

Libel- An untrue written statement that defames the character of a person (must prove actual malice when it comes to public officials and figures) 

Slander- untrue statements about a person’s character 

Fighting words 

• Words in the English language, that, when said without a disarming smile, will cause a physical altercation 

→ include racial, ethnic, or religious slurs 

Profanity 

• Unless ‘fighting words” are involved, profane language has First Amendment protection 

Pornography 

Ex. Miller v. California (1973) 

• Is the sale and distribution of obscene materials by mail protected under the first amendment’s freedom of speech guarantee? 

• 5-4 decision; court held that obscene materials did not enjoy 1st amendment protection 

Establishment Clause

• Congress cannot create a national religion, favor one religion over another, or favor religion over no religion 

• Separation of Church and State  

Free-exercise Clause 

• Congress cannot interfere with your practice of religion 

Limits: 

• No polygamy 

• No illegal drug use 

• No human sacrifice 

• No snake handling 

Essentially states that the practice of religion is allowed so long as the practice does not afoul of a “public morals” or there is a “compelling” “governmental interest” to restrict the practice 

• Includes situations where religious practices directly conflict with established laws (that are NEUTRAL toward religion), pose a serious threat to public safety or health, or significantly disrupt the functioning of government operations 

Civil Liberties-define 

• The personal rights and freedoms that the federal government cannot abridge, either by law, constitution, or judicial interpretation 

“Wall of Separation” b/w Church and State- Origin? 

• Earliest mention comes from Roger Williams, a Puritan minister

• Basically referencing a ‘high wall’ between church and state to keep the ‘wilderness’ of governments out of the affairs of religion 

Eminent Domain 

• Eminent domain is defined as the power of the government to take private property and convert it into something for public use 

• Fifth amendment states that the government may only exercise this power if it provides just compensation to the property owners 

Rights of Students in school? 

• “In loco parentis” 

• Teachers and administrators assume parental rights and duties for students while they are in school 

• Give the school power to enforce: 

– dress codes 

– locker searches 

– censor school newspapers 

– random drug testing of student sthletes 

– zero tolerance policies- right to maintain school safety 

– restrict other forms of expression