Constitutional Law and its Contemporary Challenges: Speech, Search and Warrants

Constitutional Law and its Contemporary Challenges: Speech, Search and Warrants

Length: 2532 words (7.2 double-spaced pages)

Rating: Research Papers

Open Document

Essay Preview

Constitutional Law was created as the chosen way to preserve the United States of America Constitution, ratified by Congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all Americans. However, as times and generations have passed, the U.S. Constitution remains the supreme law of the land. Among the most contemporary and controversial elements are the challenges of evolving interpretations of the freedom of speech, and search warrants, which have both had a major impact on society. In particular, we explore speech not protected by the First Amendment of the Constitution, as well as some circumstances when a search warrant is not required for a valid search. A conclusion is drawn and outlined based on research conducted to offer a concise in-depth observation of the above topics.

The First (1st) Amendment of the United States (U.S.) Constitution, ratified December 15, 1791, “guarantees to all Americans regardless of age, ethnicity, disability, faith, or gender, the freedom of speech, freedom of press, the right to assemble, the right to peacefully assemble, and the right to petition Congress (Government) for a redress of grievances” (Kanovitz, 2010). However, as these types of speech are protected by the 1st Amendment, there are other kinds of speech that are not. The framers of the 1st Amendment intended for this amendment to be broad as to allow the amendment room to adapt to future changes in societal diversities as we live today (Kanovitz, 2010). In these protected rights are solid foundations that secures the opportunity to openly share ideas, thoughts, and various differences in points of view, encouraging interaction...

... middle of paper ...

...merican soil, the question remains as to how much privacy Americans really possess. Yes, security in the person and home is still at the discretion of law enforcement, but how far will the government reach in what seems to be an elaborate effort to gain total control over what the Constitution defines as a free society? This, and many other questions remain unanswered today, but it must be remembered that this is a government of, for, and by the people, not a dictatorship that it has come to be in today’s world.

Works Cited

Gardner, Bryan A. (2009). In Black's Law Dictionary. St. Paul, Minnesota: West / Thomson Reuters.

Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ, U.S.A.: Matthew Bender & Company, Inc., LexisNexis Gorup.

Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (Supreme Court June 10, 1968).

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Arizona vs Gant: The Fourth Ammendment and Search Warrants Essay

- ... After Gant was handcuffed and placed in the back of a third patrol car, officers proceeded to search Gant’s car. During their search they found a gun in the car and a bag of cocaine in a jacket pocket laying on the backseat of the car Gant was driving. Gant was charged with possession of the cocaine. He fought to have the evidence found in his car suppressed at trial because, he claimed, the search of his car had been unreasonable. Gant’s motion was denied and Gant was convicted of the crime....   [tags: Police, Arrest, Evidence]

Research Papers
960 words (2.7 pages)

What Is Success And Who Warrants It? Essay

- What is success and who warrants it. Is it simply the accomplishments of a goal or a purpose. Perhaps it’s measured with being happy, productive, healthy or wise. Success seems to include an assortment of variables and often changes in accordance with life’s cycles. Regarding business, an accurate assessment of success is linked to profitability. While it’s true, that to stay in business, one must produce a profit, success should also be appraised by customer, employee, and owner satisfaction, in addition to following the golden rule....   [tags: Employment, Human resource management]

Research Papers
1317 words (3.8 pages)

Search After Arrest: Arizona vs. Gant Essays

- Gant was arrested by Arizona police because he was driving a vehicle with a suspended license. While he was being handcuffed, officers searched his vehicle and found a gun and a bag of cocaine. During the trial, Gant petitioned to suppress the gun and cocaine because the police didn’t serve a warrant to search his vehicle, in violation of the Fourth Amendment’s prohibition of unreasonable searches and seizures. Prior to the Supreme Courts opinion on this case, Arizona vs. Gant, it was standard practice for police to conduct a search incident to arrest of the passenger compartment of a vehicle....   [tags: arrest, unlawful, privacy, search]

Research Papers
538 words (1.5 pages)

The Museum of Contemporary Art Chicago Essay examples

- With exhibitions of the most thought-provoking art, The Museum of Contemporary Art in Chicago is one of the Nation’s largest facilities devoted to the art of our time (“About the MCA”) . The mission of the MCA is to offer a direct experience to the public of modern day art and living artists. German architect Joseph Paul Kleihues designed the new building with seven times the square feet of its previous facility (“The Building”) . October of 1967 the museum opened its doors to the public for the first time....   [tags: Museum of Contemporary Art Chicago, Museums, Conte]

Research Papers
1050 words (3 pages)

The Exclusionary Rule Protects You From Illegal Search and Seizure Essay

- One controversial aspect of the Fourth Amendment is of how courts should seize evidence obtained illegally. The rights guaranteed by the Fourth Amendment in the Bill of Rights states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” However, it does not explain clearly what an unreasonable search or seizure is and in what cases a police officer should take caution when searching or seizing a suspect....   [tags: Illegal Search and Seizure]

Research Papers
2489 words (7.1 pages)

Essay on Summary Of ' The Yard For A Search Warrant '

- "There you two are. I thought we were going to have to call the Yard for a search warrant!" Alexis Midford smiles, spotting the twins ' shadows approaching the patio. "Abigail had to help me get my gear together." Elliot explains, setting his bag on the ground and plopping down in one of the near by lawn chairs. "How was the hunt, Abby?" Edward inquires next to Elizabeth, who he had been conversing quietly with until the twins approached. Abigail beams, hugging her rifle to her chest. "It was great....   [tags: Family, Grandparent, Elizabeth I of England]

Research Papers
1636 words (4.7 pages)

Contemporary Paintings : Contemporary Art Essay

- Contemporary Portraits Art is something that is a part of my everyday life, and each artist that I know has their own story and something unique about them. I am a weird person, and I have loads of things going on in my life, which is hard for me to put in words, which is why I tend to make art about how I feel, or my escape of the situation. For my AP portfolio concentration section I plan to create six contemporary portraits. Contemporary art is art that is prevalent, things that are popular now....   [tags: Art, Arts, Self-portrait, Contemporary art]

Research Papers
1416 words (4 pages)

Essay about Memorandum of Law

- 1. RIGHT OF PRIOR NOTICE OF THE CHARGES TO BE USED AGAINST THE OFFENDER IN COURT Prior notices of charges against an offender in court are provided for in the Fourteenth Amendment of the Process and Equal Protection Clauses. The appellants argument that he was not notified of the charges held against him in reasonable time are covered by the provisions of the Fourteenth Amendment of the Process and Equal Protection Clause. Accordingly, the Fourteenth Amendment provides that advance notice that a criminal accusation will follow a substantive offence is not a requirement....   [tags: Law]

Research Papers
880 words (2.5 pages)

Contemporary Society Essay

- Contemporary Society Name: Institution: Contemporary Society Social and political scientists have associated contemporary society with a myriad of characteristics which include rapid technological advancements, greater human interactions, promotion of gender equality, and respect for human rights (Halcli & Browning, 2000, p. 226). However, many obstacles have stood on the way to achieving a number of important social issues such as ensuring proper gender equity in various government and private institutions....   [tags: Australian Contemporary Society]

Research Papers
2029 words (5.8 pages)

The Search Essay example

- The Search      I used to work for the F.B.I., in the Portland office. It was my childhood dream to be the one who gets the bad guy. My fiftieth birthday was in just three months. I had a wife and three children, still do, and the same job I'd had since my graduation from Quantico. We were living just outside Portland. My oldest son, John jr., was in his third year at Washington. The twins were high school seniors at this time and my pride and joy, daddy's little girls. Carolyn and I had celebrated our twenty- fifth anniversary, that's the silver one I think, the previous Thursday night....   [tags: Creative Writing Search and Rescue Essays]

Research Papers
4126 words (11.8 pages)