Bill of Rights
1st Ammendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
New York Times Co. v. Sullivan (1964) held that public officials cannot recover damages for defamation relating to their official conduct unless they prove actual malice.
Richmond Newspapers, Inc. v. Virginia (1980) recognized a presumptive First Amendment right of public access to criminal trials.
City of Houston v. Hill (1987) held that verbally opposing or challenging police officers is protected First Amendment activity.
Watchtower Bible & Tract Society v. Village of Stratton (2002) protected anonymous door-to-door advocacy and held that permit requirements for canvassing violate the First Amendment.
Snyder v. Phelps (2011) held that speech on matters of public concern in public places is protected even if offensive or distressing to others nearby.
2nd Ammendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
District of Columbia v. Heller (2008) recognized an individual right to possess firearms for traditionally lawful purposes such as self-defense within the home.
McDonald v. City of Chicago (2010) incorporated the Second Amendment against the states through the Fourteenth Amendment.
New York State Rifle & Pistol Association v. Bruen (2022) required firearm regulations to be rooted in the historical tradition of firearm regulation in America.
3rd Ammendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Engblom v. Carey (1982) applied Third Amendment protections to state action and extended protections to National Guard members acting in a law enforcement capacity.
4th Ammendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Engblom v. Carey (1982) applied Third Amendment protections to state action and extended protections to National Guard members acting in a law enforcement capacity.
5th Ammendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Miranda v. Arizona (1966) required that suspects be informed of their rights to remain silent and to have an attorney present before custodial interrogation.
Garrity v. New Jersey (1967) held that statements compelled from public employees under threat of termination cannot be used against them in criminal proceedings.
Pennsylvania v. Muniz (1990) held that routine booking questions are generally exempt from Miranda but that slurred speech used as evidence of intoxication implicates the Fifth Amendment.
6th Ammendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the Assistance of Counsel for his defence.
Gideon v. Wainwright (1963) required states to provide counsel to indigent defendants in criminal cases.
Argersinger v. Hamlin (1972) extended the right to counsel to any case where imprisonment is imposed, including misdemeanors.
Crawford v. Washington (2004) held that testimonial statements of witnesses absent from trial may only be admitted where the defendant had a prior opportunity to cross-examine.
7th Ammendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Tull v. United States (1987) preserved the right to a jury trial for legal claims seeking civil penalties under federal law.
8th Ammendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
United States v. Bajakajian (1998) held that forfeitures cannot be grossly disproportionate to the offense under the Excessive Fines Clause.
Timbs v. Indiana (2019) incorporated the Excessive Fines Clause against the states, limiting civil asset forfeiture abuse.
9th Ammendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Griswold v. Connecticut (1965) recognized unenumerated constitutional privacy rights arising from the penumbras of the Bill of Rights.
10th Ammendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Printz v. United States (1997) established the anti-commandeering doctrine, prohibiting the federal government from compelling state officers to enforce federal law.
New York v. United States (1992) prohibited Congress from compelling states to enact or administer a federal regulatory program.