Bill of Rights:

First 10 Amendments to the U.S. Constitution

Applies to individuals and business entities as well.

1st Amendment

- Freedom of Religion

2 Parts

Establishment Clause - provides that government “shall make no law respecting an establishment of religion”

Free Exercise Clause - States that government cannot make a law “prohibiting the free exercise” of religion.

 - Freedom of Speech

Fully Protected - Oral, Written, Symbolic (Burning the American Flag, Texas v. Johnson)

Limited Protection - Offensive Speech (not totally forbidden but may be restricted by Time, Place, and Manner)

Unprotected - Dangerous Speech (yelling bomb in an airport), Fighting Words, Defamatory Language, Obscene Language.

Advertising is protected, commercial political speech is also protected.

Second Amendment - finds that in light of the need for a well-regulated militia for security, government cannot infringe on citizen’s right to bear arms.

Third Amendment - provides that government cannot house soldiers in private residences during peacetime, or during the war, except for provisions in the law.

Fourth Amendment - Protects citizens from unreasonable search and seizure, ensures that government issues warrants only with “probable cause”

Fifth Amendment - Ensures that government does not put citizens on trial except upon indictment by a grand jury. Gives citizens the right not to testify against themselves (privilege against self-incrimination). Prevents government from trying citizens twice for the same crime (double jeopardy). Creates the right to due process. Provides that the government cannot take private property for public use without just compensation.

Sixth Amendment - Provides the right to a speedy public trial with an impartial jury. Provides the right to know what criminal accusations a citizen faces. Provides the right to have witnesses both against and for the accused. Provides the right to an attorney.

Seventh Amendment - States that in common lawsuits where the monetary value exceeds $20, citizens have the right to a jury trial.

Eighth Amendment - Provides that the government will not set excessive bail. Prohibits government imposition of excessive fines. Prohibits cruel and unusual punishment.

Ninth Amendment - The enumeration in the Constitution of certain rights shall not be construed to deny others retained by the people. (Right to privacy)

Tenth Amendment - Basically federalism, powers not delegated to the federal level go to the state level.