Bill of Rights Amendments I-X (1-10)

First Amendment  Protects 5 basic rights

Freedom of Religion  The Establishment Clause  Gov’t cannot establish a state religion  Gov’t cannot pass laws favoring one religion over another  The Free Exercise Clause  Allows people to practice any religion they choose  Can legislate certain religious practices  Polygamy

Free Speech  Protects citizens’ right to speak freely  Some limitations  Schenck v. United States 1919  “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic...”  “When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterances will not be endured so long as men fight, and that no Court could regard them as protected by an constitutional right”

Freedom of Press  Protects freedom of press  There are restrictions to what may be printed  Same test of “clear and present danger” applies

 “Fighting Words... which by their very utterance inflict injury or tend to incite an immediate breach of the peace  Obscenity  Miller v. California– 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in therms of appealing to a “prurient interest” and being “patently offensive” and lacking in value  Libel  Publication of false or malicious statements that damage someone’s reputation  Public officials/figures must prove that the defamatory statements were made with “actual malice” and “reckless disregard for the truth” to win suit  Slander  Spoken defamation Speech Not Protected by Constitution

Right to Assemble  Protects right of people to peaceably assemble or gather and discuss, protest, or march in favor of whatever subjects they choose  People still must follow regulations governing assembly according to federal and state laws and local ordinances designed to promote law and order, protect the community against disorder, regulate traffic, safeguard legitimate interests in private and public property, or protect the administration of justice and other essential gov’t functions  Must be within reasonable limits (time, place, and manner restrictions)  Cannot cause major disruptions/must allow people to go about their normal business  Usually requires application to local city government for a permit and post bond

Right to Petition  Right to petition the gov’t for a redress of grievances  Person has the right to circulate a piece of paper and gather names of people who agree with you that the gov’t has done something wrong that you want fixed or changed

 Meant to protect citizens and their right to carry guns, safeguarding them against a government that was too strong. Only an armed citizenry could do that.  Not the right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. 2 nd Amendment- Right to Bear Arms

 No quartering of Troops in homes during peacetime  “a man’s house shall be his own castle, privileged against all civil and military intrusion.” – Justice Joseph Story rd Amendments- Quartering of Soldiers

 No unreasonable searches and seizures 4 th Amendment- Searches and seizures

 Grand jury indictment required for prosecution of serious crime  No second prosecution fro the same offense  No compulsion to testify against oneself  No loss of life, liberty, or property without due process of law  No taking of private property for public use without just compensation Amendment 5- Grand juries, double jeopardy, self- incrimination, due process, eminent domain

 Right to a speedy and public trial by a local, impartial jury  Right to be informed of charges against oneself  Right to legal counsel  Right to compel the attendance of favorable witnesses  Right to cross-examine witnesses Amendment 6- Criminal Court Procedures

 Right to jury trial in civil suit where the value of controversy exceeds $20 Amendment 7- Trial by Jury in Common-Law Cases

 No excessive bail or fines  No cruel and unusual punishments Amendment 8- Bails, Fines, and Punishment

 Unlisted rights are not necessarily denied Amendment 9- Rights retained by the people

 Powers not delegated to the national government or denied to the states are reserved for the states or the people Amendment 10- Rights reserved to the states