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.
FIRST AMENDMENT FREEDOMS
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...
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...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.
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).