First Amendment Freedoms • • • Free Religion Free Speech Free Press Peaceful Assembly Petition for Redress of Grievances
Unalienable Rights • • • Life Liberty Pursuit of Happiness (Property) Declaration of Independence Thomas Jefferson Inspired by John Locke
Civil Rights • Found in Bill of Rights • Specifically limited to those positive Government actions that guarantee individual freedoms • Examples are each Civil Rights Act
Limits • Clear and Present Danger – Schenk v. US • National Security • “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic” – Oliver Wendell Holmes
Federalism and Civil Rights • • Some rights – National Only Some rights – State and Local Only Many rights – National, State, and Local Some rights – denied to States, but found in the Constitution • Some rights – Found in State Constitutions
Amendment 14 • “No State shall…deprive any person of life, liberty, or property, without due process of law…”
Ninth Amendment • Unenumerated Rights • Rights not specified or spelled out are still retained by the people • Even though the right is not spelled out or enumerated (listed), it still exists and is held by the people