Limits on Rights in the U.S. Constitution UNIT II – Constitution and Rights

Limits on 1st Amendment Freedoms Religion Cannot preach hate that leads to violence Cannot commit a crime (drugs, murder, etc.) Assembly Cannot erupt into violence, usually need to get permission ahead of time for public assemblies Petition Cannot promote an illegal activity

Limits on 1st Amendment Freedoms Press and Speech Obscenity – limited not completely restricted Libel – cannot print lies with malice Slander – cannot speak lies with malice Clear and Present Danger Test – cannot cause danger to others (i.e. yelling “Fire” in a theater) Harmful to children – sale or presentation of material too obscene for children (i.e. pornography, violence, language, etc.) Symbolic speech – cannot destroy public/government property

Wartime Limits on Rights The Supreme Court has found on multiple occasions that time of war may call for special circumstances Internment camps (5th) Limits on speech/press (1st) Search and seizure (4th)

2nd Amendment Limits Restrictions are usually placed on state basis Common restrictions include Felons cannot own guns Waiting periods Background checks Types of guns may be limited for private ownership (machine guns, bazookas, etc.)

Cases that Placed Limits on Rights

Hazelwood v. Kuhlmeier (1988) ISSUE OUTCOME Did the deletion of an article in the school newspaper by the principal violate the students’ freedom of press? No, the principal can act as editor-in- chief of the school paper to keep order and protect others Amendment Limited – 1st

Miller v. California (1973) Amendment Limited – 1st ISSUE OUTCOME Is the sale and distribution of obscene material by mail protected? No, this ruling created the Miller Test that is used today to determine what is considered obscene Amendment Limited – 1st

TAKE ACTION AGAINST THE U.S. NOW! Schenck v. U.S. (1919) ISSUE OUTCOME Does the first amendment protect speech that encourages citizens to act violently against the U.S.? No, this ruling created the Clear and Present Danger test Amendment Limited – 1st

New Jersey v. T.L.O. (1985) Amendment Limited – 4th ISSUE OUTCOME Can a students’ items be searched at a school without probable cause? Yes, anyone in the school can be searched for “reasonable suspicion” to ensure the safety of all Amendment Limited – 4th

Korematsu v. U.S. (1944) Amendment Limited – 5th ISSUE OUTCOME Can the rights of citizens be limited by forcing them to relocate in the name of national security? Yes, during wartime the right to privacy may be limited and the government may take extreme measures to ensure security Amendment Limited – 5th