• Freedom of:
– Religion - Speech - Petition
– Press - Assembly
• Establishment clause govt cannot establish an official religion; separation of church and state; different from other countries like Islamic Iran or China that discourages religion
• Free exercise clause protection of individual right to worship and believe w/out govt interference
• Hazelwood v. Kuhlmeier allowed administrators to censor student publications;
Tinker = Students in the public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.“ However, a school need not tolerate student speech that is inconsistent with its "basic educational mission,"
• Brief Quiz:
– Is flag burning illegal?
No.
– Can the gov’t censor the Internet?
No.

• Guarantees the right to keep and bear arms
• Needed for well-equipped citizen army for its own security

• Prohibits the lodging of soldiers in peacetime w/out dweller’s consent
• Q: Does this still apply today? Why is this important?

• Prohibits unreasonable searches and seizures of persons or property
• Probable cause reasonable grounds to believe that a suspect has committed a crime before making an arrest
• Search warrant court order that authorizes police to search the scene of a suspected crime

• Guarantees rights to:
– Trial by jury - due process of law
– Fair payment when private property is taken for public use
• Due process of law govt may not act unfairly or unreasonably; fed govt cannot deprive citizen of “life, liberty, property”; 14 th amd places same restrictions on states and local govts
– Procedural law carried out by a method that is fair and orderly
– Substantive laws themselves must be reasonable
• Prohibits:
– Compulsory self-incrimination do not have to be witness against yourself
– Double jeopardy film clip

• Guarantees rights to:
– Speedy and public trial by impartial jury
– Counsel
• Allows:
– The accused to cross examine witnesses against him/her
– Solicit testimony from witnesses in his/her favor
• Gideon v. Wainwright
Gideon accused of robbing a pool hall; did not have $ so requested lawyer; request denied; in prison, studied law; due process clause of 14 th states had to provide criminal defendants the 6 th amd right to counsel said
• Miranda v. Arizona (1966) must be clearly informed of your rights before conviction
• Movie Clip: Erin Brockovich
– Was she given a fair trial?
– What are some biases that might determine a trial?

• Guarantees trial by jury in civil cases involving $20 or more

• Prohibits:
– excessive bail and fines
– Cruel and unusual punishments authors fearful of tarring and feathering and whipping that had occurred during colonial times; Louisiana v. Resweber ok to convict a murder to a second electrocution after the first attempt failed; ok to put two prisoners in a cell built for one
• Plea Bargaining defendant pleads guilty to a sentence less serious than the charge the prosecutor originally brought

• The people have rights in addition to those specified in the Constitution

• Powers neither delegated to the nat’l gov’t nor denied to the states are reserved to the states or to the people