Rights of the Accused: Search and Seizure Protections
The Constitution only provides protections of the criminal process in the Fourth and Fifth Amendments. The most controversial element of the Fourth Amendment is the exclusionary rule which applies to objects obtained by search and seizure. A court w...
Living Constitution, The: Amending and Interpreting the Constitution
The Constitution changes more through interpretation than through the formal amendment process, although there have been periods when numbers of amendments have been passed in a short period of time. The language of the Constitution tends to be very...
Most Basic of Rights, The: Limitations on Free Speech
In recent years, free speech limitations have been driven by equality issues, particularly concerns about hate speech that targets minority groups. The fact that it is a crime to deny the existence of the Holocaust in some European countries would b...
Most Basic of Rights, The: Struggle for Rights
Freedom of speech, the most basic component of the first amendment, is more extensive in the U.S. than other countries of the world. But this freedom did not come without a struggle. In fact, ratification of the Constitution by several states was co...
Most Basic of Rights, The: Religious Voice in the Public Square, The
First Amendment; ban against established religion; Supreme Court; neutrality on matters of morality; concerns about removal of religious voices
Most Basic of Rights, The: Is Freedom of Speech an Absolute?
Even in the United States free speech is not an absolute. Competing values and interests are sometimes adjudicated in an attempt to design institutions and create legal rights that will meet broader needs.
Most Basic of Rights, The: Increased Protection for Free Speech
Protections for free speech increased throughout the 20th century. In reviewing cases that arose from the Espionage Act in World War I, the Supreme Court established a "clear and present danger" standard. Even during the McCarthy era, the idea of cr...
Most Basic of Rights, The: Obscenity...Is It Free Speech?
In terms of freedom of expression, equality interests are often at odds with liberty interests when it comes to obscenity. The trick with obscenity is to define it. The written word is rarely labeled as obscene, and fewer and fewer visual materials ...