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Protected by
This Amendment
guarantees the separation of
church and state, establishes
that people are free to follow the
religious practices of their choice,
allows citizens to express ideas
freely, protects the media from
censorship, and allows people to
assemble and to petition
the government about
grievances.
Supreme Court Precedents That
Helped Define These Rights
Engel v. Vitale, the Court struck down state-sponsored prayer in
schools.
Lemon v. Kurtzman, the Court established the “Lemon test” to
determine whether the Establishment Clause has been violated.
West Virginia Board of Education v. Barnette, the Court held that the
government must show a compelling interest in forcing people to
obey a law that violates their religious convictions.
Brandenburg v. Ohio, the Court created a two-part test to determine
whether speech creates a “clear and present danger.”
Texas v. Johnson, the Court held that flag burning is protected
symbolic speech.
Near v. Minnesota, the Court declared that government attempts
at prior restraint are unconstitutional, except under special
circumstances.
United States v. Miller, the Court supported the conviction of two men
who had not registered a sawed-off shotgun on the grounds that
because militias would not use these guns, the government has a
right to regulate them.
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This amendment guarantees
citizens the right to own
firearms.
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This amendment prohibits
citizens from being forced to
house soldiers.
This amendment protects people’s
privacy by prohibiting
unreasonable searches and
seizures without a warrant and
ensuring that a warrant is issued
only if there is probable cause
and if police are specific about
what they are looking for.
This amendment protects
suspects from self-incrimination.
It also protects them against
double jeopardy and says that
the government cannot take
property for public use without
paying a fair price for it.
This amendment explains how
trials are to be carried out to
protect the rights of the accused:
quickly, publicly, and in front of
a jury, with all evidence
presented to the defendant, who
has the right to legal counsel.
This amendment guarantees trial
by jury in most civil lawsuits.
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This amendment protects
suspects from excessive bail,
fines, or cruel and unusual
punishment.
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This amendment acknowledges
that rights other than those
specified in these amendments
may exist and offers protection of
these unenumerated rights.
In re Kemmler, the Court held that any method of execution is
acceptable, as long as it does not involve “torture or lingering death.”
Furman v. Georgia, the Court held that capital punishment is “cruel
and unusual” when inconsistently applied, causing states to rewrite
their laws to apply capital punishment more consistently.
Gregg v. Georgia, the Court held that the death penalty is
constitutional.
In Griswold v. Connecticut, the Court declared
that the Ninth Amendment includes the right to privacy.
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In Katz v. United States, the Court established the notion of a
“reasonable expectation of privacy” when deciding whether a warrant
is needed.
Terry v. Ohio, the Court expanded the rights of police to search
individuals if they have a reasonable justification for doing so.
Miranda v. Arizona, the Court set forth a procedure for ensuring that
suspects know their rights, now called Miranda rights.
Gideon v. Wainwright, the Court determined that the guarantee of a
lawyer should not depend on a defendant’s ability to pay.
Sheppard v. Maxwell, the Court determined that press coverage
should not interfere with a defendant’s right to due process.
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This amendment limits the powers
of the federal government to those
specifically granted by the
Constitution and reserves other
powers to the states and
the people.
In United States v. Morrison, the Court held
that violent crime between individuals is an issue for
the states