LAWLESS ACTION TEST IN BRANDENBURG Introduction The First Amendment of the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech‚ or of the press.” This language restricts government’s ability to constrain the speech of citizens‚ however‚ the prohibition on abridgment of the freedom of speech is not absolute. Notwithstanding the often broad freedom of expression guaranteed by the First Amendment‚ there are some historically rooted exceptions‚ as the
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Professor. Kurland 12/15/15 PRO GAY RIGHTS FINAL The 14th amendment‚ passed by Congress on June 13‚ 1866‚ and ratified on July 9‚ 1868‚ under the presidency of Andrew Johnson. The fourteenth Amendment is one of the reconstruction Amendments‚ it addresses citizenship rights‚ and the equal protection of the laws. Gay rights and same sex marriage is protected by the Due Process Clause‚ and the Equal Protection Clause of the fourteenth amendment. All persons born or naturalized in the United States‚ and
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The New Jersey Supreme Court then reversed the decision and ruled that the exclusionary rule of the Fourth Amendment applies to the searches and seizures made by school officials. The case then went to the United States Supreme Court. The first thing the U.S Supreme Court did was ordered to rehear the argument about the question of whether the assistant principal violated the Fourth Amendment in T.L.O’s case. After rehearing the argument the court in a 6-3 decision written by Justice Byron R. White
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THE HISTORY AND SIGNIFICANCE OF THE FOURTH AMENDMENT "The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized." -Fourth Amendment to the United States Constitution (4) A search as described in the Constitution
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The 4th Amendment and Mapp v. Ohio Neva S.Paich DeVry University Professor Dunn November 10‚ 2012 The 4th Amendment to the Constitution was given to us for our own protection‚ it is a right we have to secure us against something called “unreasonable search and seizures” by the government. It limits and gives certain procedures so that the government cannot abuse their powers. The 4th Amendment makes sure that government officials do their jobs as they should‚ abiding by certain
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arguably conflicts with two amendments of the United States’ Constitution. The Eighth Amendment states‚ “Excessive bail shall not be required‚ nor excessive fines imposed‚ nor cruel and unusual punishments inflicted.” The Fourteenth Amendment Section I states‚ “…nor shall any state deprive any person of life‚ liberty‚ or property‚ without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Referring to the Eighth Amendment‚ some perceive the death penalty
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torture is sometimes used wrongly and for revenge instead of information gathering‚ and rarely is accurate information gathered. Additionally‚ torture goes against Eighth Amendment which is a right that all American citizens and foreigners have. Even with all the negative effects of torture and the fact
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The Second Amendment to the Constitution says‚ “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” (Agresti‚ 2009‚ para. 2). Based on a simple reading of this‚ it would seem that people do have the right to own and use firearms. So why are so many people trying to ban guns? Maybe it is because they do not understand what the Second Amendment actually means. Maybe it is because the media only reports
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• 1. What does the term "Freedom of Speech" mean? Give examples of both allowed speech and prohibited speech. Freedom of speech is the right to say what you want when you want. Some countries don’t have this right. In the United states‚ there are limitations‚ such as Libel‚ Slander‚ Obscenity‚ Sedition (speaking against the government)‚Criminal conduct such as bribery‚ perjury‚ or incitement to riot. Freedom of speech includes Art‚ Music‚ Clothing‚ Internet Communication‚ and Unspoken Speech‚
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exclusionary rule is required under the Fourth Amendment. “In all cases‚ the search must be conducted when there is probable cause. If an officer fails to execute a warrant before probable cause has dissipated‚ then any resulting search is violative of the Fourth Amendment‚ and the fruits thereof are subject to the exclusionary rule. This is true even if the search is conducted within the period of time set by law” (Hall‚ 2014‚ p. 411) The Fourth Amendment‚ or the Bill of Rights for that matter‚ is
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