The Bill of Rights:What Rights Do You Have?

Freedom

Civil Liberties• Protections against the government• Freedom of religion, speech, press, and the

guarantee of a fair trialCivil Rights• Rights guaranteed by the government through the

Constitution• Civil Rights Act of 1964: No discrimination on race,

sex, religious belief, or national origin•So, Can you do whatever you want as long it is one of your rights?

Rights are Relative, Not Absolute!

•No one has the right to do as he or she pleases•Can be punished for using obscene language, or using words that may cause someone to commit a crime•“FIRE!”

Bill of Rights1st Amendment Religion, Speech, Press, Assembly, and Petition

2nd Amendment Right to Bear Arms

3rd Amendment No housing soldiers during peacetime without people’s permission

4th Amendment No search without a warrant

5th Amendment Double Jeopardy, don’t have to testify against oneself

6th Amendment Speedy trial, impartial jury, and a lawyer

7th Amendment Civil Case = Trial by Jury

8th Amendment Protected against unreasonable fines and cruel and unusual punishment

9th Amendment People have rights other than those in the Constitution

10th Amendment If not the federal government than the State and People get the power

What does the 14th Amendment have to do with the Bill of Rights?

Due Process Clause• “No state shall deprive any person of life, liberty, or

property, without due process of the law.”• Nationalized Rights-meant that no state could take away

your rights because they were guaranteed nationally through the 14th amendment.

1st Amendment Rights:Religion

Played a large role in the immigration from EuropeThe freedom of religion guarantees two major clauses• Establishment Clause• Free Exercise Clause

1st Amendment Rights:Religion

Establishment Clause• “A wall of separation between church and state”

-Thomas Jefferson• The government can not “establish” a national

religion•Is there really a “wall of separation” between •Church and State?

Establishment Clause

Government has historically helped churches and parochial schoolsEqual Access Act of ‘84- Public Schools must allow student religious groups to meet in schoolPrayer given by a chaplain is said in Congress but not allowed in school…..why?

1st Amendment Rights:Religion

Free Exercise Clause:• Guarantees to each person the right to believe

whatever he or she chooses to believe • Does not give anyone the right to violate criminal

laws, offend public morals, or threaten the safety of the community

1st Amendment Rights:Speech and Press

1st and 14th Amendment serve two purposes for the freedom of speech and press• Guarantee each person a right of free expression,

including spoken and written word, along with all other means

• Guarantee all persons a full, wide-ranging discussion of public affairs

Does this mean we can say anything what we want?

1st Amendment Rights:Speech and Press

Forms of Expression not covered in the Constitution• Libel – false and malicious use of printed words• Slander – false and malicious use of spoken words• Obscenity – The Constitution does not cover this but

it has been a hot topic • Children’s Internet Protection Act – Any establishment that

receives federal money can not have obscene books or internet access

1st Amendment Rights:Speech and Press

•Symbolic Speech– A person can “say” something with a facial

expression, shrug of the shoulders, carrying a sign, or wearing an armband

– Picketing: patrolling of a business site by workers who are on strike…….Is it legal?

– Other examples:Flag Burning Draft Card Burning

1st Amendment Rights:Speech and Press

Seditious Speech• Words that stir up rebellion or advocate

overthrowing the government• “utter, print, write, or publish any disloyal,

profane, or abusive language about the form of government of the United States”

• World War I – Sending out pamphlets to tell people to resist military service

Espionage-Spying

1st Amendment Rights:Assembly and Petition

Assemble – gather with one anotherPeaceable Assembly – Can not assemble if it incites violence, blocks a public street, is close to a school, or endangers any life, property, or public order

1st Amendment Rights:Assembly and Petition

Public Property vs. Private Property• On public property, government can require

permits and advance notice of the organizing• Absolutely no right to petition if it trespasses

private property such as having people sign a petition in the mall