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NCSS: Power, Authority, and Governance; Civic Ideals and Practices

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Civics

Interpreting the Bill of Rights

Our nation’s founders added the first 10 amendments to the U.S. Constitution in 1791 to protect key freedoms. Here’s how the meaning of three of those amendments has evolved over time.

First Amendment 

This guarantees freedom of speech, religion, and the press. It also protects the right to protest and to petition the government.

THEN: Before the American Revolution, colonists under British rule could be beaten and arrested for criticizing the government. The founders wanted to prevent that injustice and give people a voice in the government.

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NOW: The Supreme Court has widened First Amendment protections to include speech on television and the internet. Certain forms of expression, like burning the American flag, are also protected. But some types of speech, like threatening to seriously harm another person, are illegal.

Second Amendment

This protects the right to bear arms, or own guns. It says people can form militias, or citizen armies, if needed.

THEN: Local militias were crucial in helping to win independence from the British. The founders wanted to make sure American citizens could take up arms if they needed to defend themselves or the country.

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NOW: What this means today is hotly debated. Some say it lets people own guns. Others argue limits are needed to prevent violence. The justices have rejected some laws limiting gun rights. But they also ruled that ownership can be blocked from people who pose a threat to others.

Fifth Amendment

This says people accused of crimes are innocent until proven guilty and cannot be forced to testify against themselves.

THEN: Until around the mid-1700s, people in England suspected of committing crimes were often tortured into confessing even if they were innocent. The founders wanted to prevent this type of government mistreatment.

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NOW: You may have heard the phrase “You have the right to remain silent” in movies. That comes from a 1966 case. The justices ruled that the right to not testify against yourself also applies outside court. As a result, police must tell suspects their rights before questioning them.

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