1. Chapter 5:
The Bill of Rights
And Civil Liberties

3. Protecting Your Rights and Liberties
Civil Liberties: basic freedoms guaranteed under the U.S. Constitution, such as freedom of speech and freedom of religion
Civil Rights: guarantees of equal rights and equal treatment under the law, such as trial by jury and voting rights
Civil liberties are a person’s “natural rights” they are born with while civil rights are controlled by government
Equal Protection Clause: a clause in the Fourteenth Amendment declaring that no state may deny “equal protection of the laws” to any person within that state

4. Supreme Court’s Role In the Bill of Rights
In the early 1900s organizations formed to protect civil rights/liberties
NAACP (National Association for the Advancement of Colored People)
ACLU (American Civil Liberties Union)
Incorporation: the process by which the Supreme Court applies the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment
Today, the Supreme Court hears mostly cases involving constitutional issues

5. 1st Amendment
Rights

6. Freedom of Religion
Based upon the 1st amendment of the Constitution, all American citizens have the freedom to worship any religion
Establishment Clause: Guarantees the separation of church and state
Because of the Establishment Clause, all government action must be:
Secular: Nonreligious in purpose
Neither help nor hurt religion
Not “excessively entangle” government and religion
Free Exercise Clause: Guarantees freedom of religious worship, or non-worship, as long as it does not violate the law of the land
Examples of certain practices of Mormons and Jehovah’s Witnesses have led to Supreme Court intervention

7. Freedom of Speech
Symbolic Speech: purposeful action that is not necessarily spoken
4 types of speech that are NOT protected:
Libel: defamation by written word
Slander: defamation by said word
Obscenity: strongly offensive
Sedition: Insurrection against established order or results in a “clear and present danger”

8. Freedom of the Press Prior Restraint: Censorship of the media
NY Times v. Sullivan: 1964 USSC case where actual malice toward a public official was established
Libel: Defamation of an individual in printed material that is considered to be malicious in intent
Slander: Defamation of an individual that is spoken and is considered to be malicious in intent

9. Freedom to Petition and Assemble
The right to petition means to air grievances against your government without being punished
Ex): Referendums, Recall, Initiatives
The right to peaceably assemble and associate
Ex): Protest, Strike, Walkout, Sit-In, Parade, etc.

10. 2nd Amendment Rights
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
In a 1939 USSC case, US v. Miller, the government for the first time decided in favor of gun regulation
Today, many Americans are divided on this issue

11. 3rd & 4th Amendments These amendments protect the home and person
3rd Amendment: Prevents the quartering of soldiers
4th Amendment: Protects citizens from unlawful search or seizure
Warrant: a document issued by a judge that authorizes law enforcement officers to carry out a search, seizure of evidence, or arrest
Probable Cause: reasonable suspicion of criminal behavior

12. 5TH Amendment :5th Amendment: Protects from self-incrimination
Miranda v. Arizona: USSC case that outlined how to ensure suspects their rights
Right to remain silent
Anything you say or do can be used against you in a court of law
You have the right to an attorney
If you cannot afford an attorney then the court will appoint you one
Double Jeopardy: the prosecution of a person a second time for a crime for which the defendant has already been tried once and found not guilty; prohibited under the Fifth Amendment

13. Rights in the Legal System
6th Amendment: Right to a fair and speedy trial
Gideon v. Wainwright: Gideon applied for legal counsel and was originally denied. This USSC case set the precedent for allowing for any defendant the right to legal counsel.
7th Amendment: Right to a jury of your peers
8th Amendment: Protection from excessive bail or punishment
Capital Punishment: the imposition of the death penalty on a person by the state
Furman v. Georgia: Originally halted the “death” penalty for being cruel and unusual in By 1976, many states rewrote their application of the “death” penalty and it was overturned.

14. 9th and 10th Amendments
9th Amendment: States that other rights and/or liberties exist that are not “enumerated” in the Constitution
Griswold v. Connecticut and later Roe v. Wade helped establish a right to privacy as determined by the 9th amendment
10th Amendment: Limits the power of the federal government by reserving rights to the states
Issues like same-sex marriage are to be determined by the states since there are is no federal regulation of marriage