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

2. 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

3. 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

4. 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)

5. 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.)

6. Cases that Placed Limits on Rights

7. 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

8. 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

9. 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

10. 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

11. 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