Civics Study Guide The Amendments PDF

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Civics Study Guide: The Amendments The Fir First st Amendment R.A.P.P.S R- freedom of religion A- freedom of assembly P- freedom of press P- freedom of petition S- freedom of speech/ expression Freedom of speech/ expression Congress shall make no law...abridging the freedom of speech Abridge- shorten, deprive, omit, or reduce

Liberty vs. Security Liberty- individual rights Security- common good When can a speaker be arrested 1. Clear & present danger- If a speech creates an obvious threat to public safety, the government may legally step in to prevent speech. Schenck vs. U.S 1919 2. Bad tendency doctrine- If a speech tends to create an illegal action, the government may step in. Gitlow vs. New York 1925 3. Vagueness- No law can be so vague and general that peoples will not speak freely for fear of violating the law. Stromberg vs. Ca 1931 General Guidelines 1. Putting a reasonable time and place and manner of

speech 2. Excluding certain types of speech - Obscurity *$^%& - Fighting words “I will kill you” - Defamation (slander & libel) slander-spoken libelwritten - don’t say it unless it's a fact - Advocating illegal action - Treason- endangering the country by giving information or helping the enemy - Obscene- what is appropriate and what is not 3. Creating false panic- like yelling “fire” 4. Public Schools- The school may restrict freedom of expression when it interferes with learning 5. The government may restrict speech because it occurs in certain public spaces - Jail

- Military bases - Utility substations

The FFourth ourth Amendment Search and seizure The police or any form of government can not search your home or person without permission from a judge or a proper reason. History behind it: The British Army would search the colonists homes for at any time, even if they did not have a valid reason. Exceptions to the law 1. Search Incident to a lawful arrest: Allows police to search a lawfully arrested person and the area immediately around them.

2. Stop & Frisk: A police officer who reasonably thinks a person is behaving suspiciously, and is likely to be armed and dangerous may stop and frisk the person. They may also search the passenger compartment of an automobile. 3. Consent: The police may search anyone who agrees to the search 4. Plain View: Any illegal object of evidence of a crime that an officer sees from his position can be seized 5. Vehicle Searches: Police may search a car or vehicle when they have probable cause to believe contraband is hidden in the vehicle. 6. Emergency Situations: In certain emergencies, the police may conduct a search without being required to get a warrant.

7. Hot Pursuit: Police in “hot pursuit” of a suspect are not required to get a search warrant before entering a building they have seen the suspect enter. 8. School Searches: Public school officials may search public school students when they have a reasonable

belief that an individual student possesses an item prohibited by school rule or criminal law. 9. Obvious places or circumstances: - Airport - Court houses - Border - Open sea searches - Jail/prison Amendments 5, 6, 7, 8, 14

RACE 14t h Due processfair trial 13th, 14th, 15thpassed after the civil war Accusedinnocent until proven guilty

5,6,

7,8 Equal protection

The constitution use the term “due process” of law which is defined as a process by which the government must be treated accused persons fairly according to rules established by laws The Fifth Amendment 1. Right to remain silent, protection from self incrimination 2. Indicted by a grand jury-must be formally accused of the crime 3. No double jeopardy- can be tried twice for the same crime if acquitted (found innocent)

4. Eminent domain- government can take away property without just compensation or fair price 5. Enough evidence to indict someone Acronym: RIDEE Due process of law Indictment- enough evidence to indite someone

Arrest

senterancy

trial

The Sixth Amendment Rights 1. Must be an impartial jury 2. Trial must be speedy and fair (if not charges are dismissed) 3. Public trial 4. Must be told charges against you 5. Right to confront witnesses 6. Right to a lawyer and most provide if you can't

afford Types of witnesses - Expert - Eye witness - Character The FFourteenth ourteenth Amendmen Amendmentt 1. Guarantees equal protection under the law 2. Rights of all citizens to due process of law Mir Miranda anda Rights - You have the right to remain silent anything you say can and will be used against you in the court of law, you have the right to a attorney, if you can't provide one, one will be provided for you...