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

1st 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, e-mails, 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.

2nd Amendment

• Right to Bear Arms

• (As part of a militia)

3rd Amendment

• Government cannot force people to house soldiers in their home.

• (Quartering Act)

4th 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

5th 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

5th 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

6th 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)

7th Amendment

• Civil Suits – court cases about money

• Right to a jury trial for any value over $20

8th 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

9th Amendment

• Covers people’s other individual rights

• Example – Freedom to travel

• Not every right can be listed in the Constitution

10th Amendment

• Reserves any power not specifically given to the national government for the states

• Marriage, driving laws, drinking ages, education