Bill of Rights Designed to protect the basic rights of individuals from being taken away by the government Designed to protect the minority from the majority.

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Presentation transcript:

Bill of Rights Designed to protect the basic rights of individuals from being taken away by the government Designed to protect the minority from the majority

1 st Amendment Personal Freedoms 1. Freedom of Speech/Expression 2. Freedom of Religion 3. Freedom of Press 4. Freedom of Assembly 5. Freedom of Petition

Limits to Free Speech 1. Clear and Present Danger - cannot use speech to endanger others or try to incite riots 2. Sedition – cannot incite rebellion against or the overthrow of the government 3. Libel – cannot spread false stories that damage a person’s reputation – except well-known public figures 4. Obscenity – cannot express yourself in obscene fashion – books, s, child pornography etc. 5. Fighting Words – cannot use offensive, insulting language towards people in public places

6. False Advertising – companies cannot make false claims in advertising 7. Minors – unlike adults, free speech rights do not apply fully to minors – R-rated movies, adult bookstores, school etc.

2 nd Amendment Right to Bear Arms (As part of a militia)

3 rd Amendment Government cannot force people to house soldiers in their home. (Quartering Act)

4 th Amendment Right to Privacy – Government cannot enter your home or search you or your personal possessions 1. Warrant – special court order giving permission for search 2. Probable Cause – police/government have reason to believe you have done something illegal 3. Terrorism has changed the rules to some degree Wiretapping

5 th Amendment Rights of Accused People 1. Must be indicted (charged) by a grand jury 2. Cannot be tried twice for the same crime (double jeopardy) Acquitted – found not guilty 3. Cannot be forced to testify against yourself in court – “I plead the fifth” Perjury – lying in court

5 th Amendment 4. Cannot be imprisoned or punished without being given a fair trial – due process 5. Private property cannot be taken by the government except to be used for public purposes and owner has to be fairly compensated – eminent domain

6 th Amendment 1. Right to a speedy and public trial 2. Right to a trial by jury 3. Government has to tell you what you are accused of 4. Right to know who is accusing you and question them 5. Right to a lawyer to defend you (Miranda Rights)

7 th Amendment Civil Suits – court cases about money Right to a jury trial for any value over $20

8 th Amendment 1. Bans cruel and unusual punishment 2. Punishment must fit the crime – no excessive punishment 3. Right to have bail ( money to get out of jail before trial) – no excessive bail

9 th Amendment Covers people’s other individual rights Example – Freedom to travel Not every right can be listed in the Constitution

10 th Amendment Reserves any power not specifically given to the national government for the states Marriage, driving laws, drinking ages, education