NAME___________________________ HOUR____

Chapter 5: The Bill of Rights and Civil Liberties

Civil Rights v. Civil Liberties

Civil rights are rights that are given to you by the______________; these are
guarantees by government for fair treatment

____________ are actions that are protected by the government, these are
protections from government

Civil Rights v. Civil Liberties

Civil Rights

Civil Liberties

Right to due process

Freedom of Religion

Right to legal counsel

Right to run for office

Freedom of Thought

Freedom from unlawful search and seizure

Equal Protection

Prior to the Civil War the Supreme Court had ruled that the ___________ was
only enforceable at the Federal level.
States were not required to recognize _____________ provided by the Bill of
Rights.
14th amendment which was ratified in 1868 change that view.
The 14th amendment states that No States shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United Statesany
person within its jurisdiction will be given ___________________________.
Equal Protection

In court case Plessy vs. Ferguson (1896) the Supreme Court ruled that racial
segregation in the South did not violate the 14th amendments Equal Protection
Clause as long as _________________________ facilities were provided.
It was not until Brown vs. The Board of Education (1954) that the Supreme Court
ruled that separate but equal was indeed a violation of the
________________________.
Your 1st Amendment Rights

1. Religion
___________________________is broken into 2 parts:
a. The Establishment Clause guarantees the separation of
____________. This system is continually tested.
No organized prayer in public schools
No state/national religion
b. The free ________________ establishes that people are free to
follow the religion of their choice or no religion at all.
The religion must not conflict with the law of the land.
2. Speech

The freedom of speech is generally accepted unless it is

considered harmful to others:

__________________ written or spoken information that

is false with the intent to harm.

Obscenities things that are offensive are also not

protected

Symbolic speech conduct that conveys a message without

____________.

3. Press

Newspapers and ____________ can report on almost any issue; however

they are not allowed to comment on issues that might threaten national
security. Libel again is illegal

4. Assembly

People have the right to ______________________.

5. Petition
People have the ________________ the government for redress of
grievances
Are there Limits to Free Speech?

In 1917 _________________ was arrested and charged under the Espionage Act
for distributing anti-war propaganda in the streets of Philadelphia.
Schenk appeal this decision and his case found its way to the
___________________.
Are There Limits to Free Speech?

_______________________ was brought in front of the Court in 1919. In a

unanimous opinion, Chef Justice Oliver Wendell Holmes Jr. wrote that Schencks
conviction was constitutional. Holmes stated: The most stringent protection of
free speech would not protect a man in falsely shouting fire in a theatre and
causing panic.
The Court viewed that Schencks publications created
________________________.
The Schenck case illustrates the role played by the Supreme Court when defining
constitutional _____________.
2nd Amendment

____________________ states: A well regulated Militia, being necessary to the

security of a free State, the rights of the people to keep and bear Arms, shall not
be infringed.
3rd and 4th Amendments

The 3rd and 4th Amendments are designed to protect the privacy and property
rights of citizens from abuses by law enforcement authorities or the military.
The 3rd Amendment prohibits citizens from being forced to __________________
during peacetime.
The 4th Amendment forbids unreasonable _______________________ of
individuals or their property by law enforcement.
4th Amendment
Katz v. United States (1967)

Illegal Search and Seizures

Over the years the Supreme Court has heard numerous cases that involving illegal
search and seizers. One case, __________________________ (1967), hinged on
recordings of a suspects conversation made from a public phone booth.
Because the recording device was placed outside the booth and recorded only the
suspects voice, the police believed they did not need a warrant. But the Supreme
Court disagreed. It concluded that a warrant was required, because the suspect
had a ______________________________________ in a phone booth.
5th Amendment: Your rights in the legal system

The 5th Amendment focus on legal rights:

________________________ saying anything that might imply your own guilt
Double Jeopardy if a person is tried for a crime and found ___________, they
cannot be tried again.
Takings Clause government may not take private property without giving just
compensation
____________________ the right to explain yourself in court
6th Amendment
You have a right to an attorney

________________________ states that criminal trials must be carried out

quickly, publicly, and in front of an impartial jury. The defendant also has a legal
right to an attorney. However for years not every defendant could
_________________________.

In 1963 the Supreme Court ruled in ______________v____________ that legal

counsel should not depend on the defendant ability to pay. Today anyone facing
charges that cannot afford an attorney can have one appointed at the governments
expense.
7th & 8th Amendments

7th Amendment You have the right to a jury trial to settle lawsuits over money or
property worth more than __________________.
8th Amendment Eliminated cruel and unusual punishments from crimes
Ex: _________,__________,&________________?
9th & 10th Amendments

_______________________ is designed to offer protection from rights not

specifically mentioned in the other Amendments.
Ex: the right to choose your friends, who to marry, where you want to
work

The 10th Amendment is meant to preserve the balance between

___________________ governments. It gives to the states and to the people any
powers not specifically granted to the federal government.