The 1st Amendment protects 5 basic freedoms – Religion, speech, press, assembly, petion
Religion
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Congress may not establish an official religion, favor one religion over another, or treat people
differently because of their beliefs
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People may practice their faith as they wish
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Thomas Jefferson referred to it as a, “wall of separation between church and state
Speech
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In some countries, people can be jailed for criticizing the government or voicing unpopular ideas.
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We are guaranteed the right to say what is on our minds, privately or publicly, without fear of
punishment
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Freedom of speech includes conversations, radio, and T.V.; also protects forms of expression ex.
Tinker v. Des Moines (1965)
Press
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As American citizens, we are free to express ourselves in print or other media.
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Media includes radio, T.V., and computer networks (blogs)
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The government can not practice censorship, or ban printed materials or film because they contain
offensive ideas
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Also are prohibited from banning information before it is published or broadcast.
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1733, John Peter Zenger, publisher for the New York Weekly Journal was arrested and imprisoned for
criticizing Gov. William Crosby (NY).
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Zenger’s lawyer argued that only a free press to criticize could prevent the government from abusing
its power.
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There are some restrictions: you can not publish materials that can harm a person’s character or
reputation; if its based on fact, its fair game
Assemby
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We may gather in groups for any reason, as long as the assemblies are peaceful.
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Government can make rules about when and where activities can be held but cannot ban them
outright.
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We may freely join clubs, political parties, unions and other organizations as we wish.
Petion
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We all have the right to petition the government
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We can express our ideas and complaints about government action
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Ex. Complain about the traffic situation on Brawley School Road.
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Get other like minded people to sign a petition (written request) to pressure leaders into action
Limits to the 1st Amendment
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The Supreme Court has decided that the 1st Amendment is not an absolute freedom and has to be
limited in scope to protect safety and security.
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You may not say anything that may provoke a riot.
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You may not write or speak in a way that leads to criminal activities or any effort to overthrow the
government
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People should use civil liberties responsibly and not interfere with the rights of others. Ex. You are free
to assemble but not in the middle of 150
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You may criticize government officials but you cannot spread lies that can harm a person’s reputation.
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Doing so is a crime called slander if lies are spoken, and libel if lies are printed.
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The First Amendment was never intended to give people unlimited freedom or allow them to do
whatever they want.
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The rights of one individual must be balanced against the rights of others and the community
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When there is a conflict, the rights of the community will always come first, or society would break
apart.
The 2nd amendment is often debated. Some believe it only allows states to keep an armed militia.
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Others believe it guarantees the right of all citizens to “keep and bear arms.”
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The courts have generally ruled that government can pass laws to control, but not prevent, the possession of
weapons by individual
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The 3rd Amendment states that soldiers may not move into private homes without the owners’ consent.
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Soldiers had done this in colonial times
The government is responsible for quartering soldiers during war and during peacetime
The fourth amendment protects us against unreasonable searches and seizures.
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Cannot search your home or property without probable cause.
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If police believe you have committed a crime, they can ask a judge for a search warrant – court order allowing
law enforcement officials to search a suspect’s home or business and take evidence.
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Ex. Mapp v. Ohio (1961)
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The fifth amendment gives us protections in a few ways
states that no person can be put on trial for a serious federal crime without an indictment, a formal
charge by a group of citizens called a grand jury, who review the evidence.
An indictment does not mean guilt, but it indicates that the person may have committed a crime
protects a person from double jeopardy
people can not be tried and judged for the same crime twice.
Ex. O.J. could not be tried again in California for the murders of Nicole Brown Simpson and Ronald
Goldman when he was acquitted the first time.
Protects the accused by giving them the right to remain silent
Prevents authorities from threatening, torturing, or coercing people into a confession.
Cannot force people to testify against themselves
Protection against self-incrimination
ex. Miranda v. Arizona (1966)
States that no one may be denied life, liberty, or property without due process
Must follow established legal procedures
Limits the government’s power of eminent domain – the right of the government to take private
property for public use
If your house lies in the way of a proposed government works project, government must give you fair
price for it.
Limits this process.
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Guarantees additional rights to people accused of crimes.
- requires accused people to be told the charges against them (writ of habeas corpus)
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- requires that the accused be allowed a trial by jury, unless the accused chooses a judge instead (bench trial)
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If the accused asks for a jury trial, it must be speedy and public, with jurors being impartial.
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If possible the trial should take place in the same area in which the crime took place.
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The accused have the right to hear and question witnesses who testify against them.
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They also have the right to call witnesses in their own defense
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Accused people are entitled to a lawyer/counsel
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Supreme Court ruled that if a person can not afford a lawyer, the government must provide one and pay his/her
fees ex. Gideon v. Wainwright (1963
The 7th Amendment
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The 7th amendment concerns civil cases – lawsuits involving disagreements among people rather than
crimes.
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Guarantees the right to a jury trial in civil cases involving more than $20. It does not require a jury trial
however.
The 8th Amendment
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The Eighth Amendment forbids any excessive bail and excessive fines
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Before trial, the accused may stay in jail or pay bail, a security deposit.
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Bail is returned if the person comes to court for trial; it is forfeited if the person fails to appear.
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Bail must meet the severity of the crime; judge weighs various factors of the individual
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Also forbids any cruel and unusual punishment
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Many people disagree on what types of punishments are cruel and unusual but generally agree that
punishment should be proportional to the crime committed.
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Ex. Furman v. Georgia (1972)
The 9th Amendment
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The 9th Amendment states that citizens have other rights beyond those listed in the Constitution.
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Ex. people’s right to privacy –this is not listed in the Constitution
The 10th Amendment
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The 10th Amendment says that any powers the Constitution does not specifically give to the national
government are reserved to the states or to the people.
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Prevents Congress and the President from becoming too strong
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They have only the powers the people give them.
The 13th Amendment
13th Amendment (1865) officially outlawed slavery, freeing thousands of African Americans
The 14th Amendment
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The 14th Amendment (1868) remedied this situation by defining citizens as “anyone born or naturalized
in the United States” which included African Americans
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Requires all states to grant citizens “equal protection of the laws”
Over the years this clause has been used to benefit women, the disabled, and other groups whose
rights have not been protected fairly.
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The 14th amendment also nationalized the Bill of Rights by forbidding state governments from
interfering with the rights of citizens.
The 15th Amendment
• The last of the Civil War amendments, the 15th amendment (1870) says that no state
may take away a person’s voting rights on the basis of race, color, or previous
enslavement.
• The amendment was clearly intended to guarantee suffrage –the right to vote – to
African Americans.
• Keep in mind, it applied only to men
• Various states had the power to decide whether women could vote. Still regardless of
race, women could not vote in most federal or state elections
The 17th Amendment
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According to Article I of the Constitution, the people were to elect members of the House of Rep., but
the state legislatures were to choose members of the Senate.
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Ratified in 1913, this amendment allowed voters to elect their senators directly.
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Gave Americans a greater voice in their government
The 19th Amendment
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The Constitution did not grant nor deny women the right to vote.
This decision was left for the states under the reserved powers granted to them by the 10 th
amendment.
Some territories such as Wyoming allowed women to vote in 1869, national support for women’s
suffrage was slow.
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Women’s suffrage movement started around 1848 in NY
19th Amendment (1920) established women’s right to vote in all elections
The 23rd Amendment
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Because Washington, D.C. is a district and not a state, the people who lived there were not initially
allowed to vote in national elections.
23rd amendment (1961) established that citizens of D.C. may vote for the President and Vice President,
just as other Americans do.
The 24th Amendment
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The 15th amendment gave African Americans the right to vote, but many had trouble exercising the
right
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Many southern states had poll taxes, requiring voters to pay a sum of money before casting a ballot.
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This was a financial burden for African Americans and poor whites; no pay, no vote.
24th Amendment (1964) made poll taxes illegal in national elections and then two years later, made
them illegal in state elections
The 26th Amendment
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Throughout history, a young man could fight and die for his country at the age of 18, but was unable to
vote for leaders until the age of 21.
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Constitution does not state an age minimum, this was established by the states.
26th Amendment (1971) during the Vietnam War, Americans were guaranteed the right to vote at the
age of 18.
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Lowered age minimum from 21 to 18.