Freedom of Religion, Speech, and Press
Question 1
Amendment 1- Freedom of religion, speech, and press. This shows that there is no law that will prohibit people from attending any religion they would like, free exercise and also abridging freedom of press or speech.
Amendment 4-Protection from unreasonable searches and seizure. There will be no violation of people rights to secure in their houses, persons, and effects against unreasonable searches and seizures.
Amendment 5-Protection of rights to life, liberty, and property. No person shall be held to give feedback for an infamous crime unless on accusation or presentment of a grand jury.
Amendment 6-Right of an accused person in criminal cases. The person accused of any criminal case shall have a right to a faster or public trial by an impartial jury of the state.
The rights mentioned above, there are some which are absolute because absolute rights cannot be restricted or suspended and this includes the right to life.
The lemon test simply is taken to mean a way of determining as to when the law has the effect of establishing a religion and it involves the following requirements;
- There should be no primary effect of either inhibiting or advancing religion bt the actions taken by the government.
- A secular legislative purpose must be contained in the action made by the government.
Question 2
In Brandenburg vs Ohio case (1969), the court held that the government cannot punish inflammatory speech unless that particular speech is directed to producing or inciting imminent lawless action and is likely to incite or produce such. The government is not in a position of constitutionally punishing abstract advocacy of force or law violation and the free speech or free press allowed by the constitution does not allow a state to forbid or proscribe advocacy of the use of force or of law violation unless the advocacy is directed to producing or inciting imminent lawless action (McNeese, 2009, p. 123).
A symbolic is just a legal term in law in the United State which helps in describing the actions that purposefully and discernibly convey a certain statement or message to those who are viewing it. In this particular case, Douglas made explained the use of symbolic speech by using an example of a person ripping up a bible to celebrate the abandonment of his faith or tearing a copy of the constitution in order to protest a decision made by the supreme court. There is a certain amendment that protects speech against punishment or censorship; freedom of speech applies to different forms of expression which include written works, online posts and symbolic speech.
Question 3
Due process deals with the administration of justice thus the clause on the due process acts as a safeguard from arbitrary denial of life, freedom or possessions by the government outside the approval of the law. The procedural due process requires the government officials to follow fair procedures before depriving a person of liberty, life or property. A person should be given time to express him or herself at a minimum person through a neutral person before a person to be denied those particular interests. Criminal procedural due process include;
- An inscribed notice to the prisoner to check mental illness.
- A hearing after giving the prisoner a notice and the evidence is looked upon.
- An opportunity at hearing to present the testimony of witnesses and face the witness.
- An independent decision maker.
- A written statement by the factfinder showing the evidence relied upon.
- Accessibility of legal counsel.
- Effective and well-timed notice of all foregoing rights.
The due process relates to exclusionary rule such a legal procedure is followed to prevent the analyzed or collected evidence to be used in violating the defendant’s constitutional rights. The rights of the accused related to the due process clause such that the accused enjoy the right to a speedy and public process following a legal procedure. The due process and good faith exception may be justifiable based on the fourth amendment’s flexible prohibition on unreasonable searches and seizures.
Question 4
A rational basis review is applied by the courts when taking into consideration some constitutional questions such as equal protection or due process. The rational basis which is t is also known as minimum scrutiny is the most forgiving level of scrutiny. This particular technique originating from professor James Bradley is used in testing whether the actions taken by the government are related rationally to a legal interest of the government. The rational basis technique is applied in both the state law as well as legislative law and prevents the government from a striking constraint on the right that are subjective or illogical.
A strict scrutiny is used in the courts of the United State to help in determining which is weightier, the interest of the government, constitution principle or rights against the observance of the principle. This particular technique is applied in two contexts which include when a constitutional right is infringed or deemed as a fundamental right. There are three sets that must be satisfied by the policy or law in order to pass the strict scrutiny and they include;
- The policy or law must be tailored narrowly to attain objectives.
- The restrictiveness of the policy or law must be minimal for achieving that interest.
- It must be vindicated by a convincing interest of the government
Question 5
De facto discrimination is a type of racial discrimination that is not allowed by the law and it is caused by individual preference, social norms, and prejudice. Examples of this type of discrimination include when blacks were expected to sit at the back of the bus or giving whites space by standing at the side of the road while boarding a bus. De jure segregation is allowed by law, for example, the rights of Africa-Americans were segregated by not marrying whites according to Jim Crow laws. Affirmative action tries to end both by describing those policies and giving special preferences in educational admissions and employment decisions to groups that are undergoing discrimination. In Bakke vs California (1978), Allan Paul Bakke who was 35 years old white male who applied to twelve medical schools whose medical admissions was rejected by the University of Southern California making a point of his age because the medical schools at that time practiced age discrimination. Based on this case, Bakke cited that his grades and test scores surpassed those of minority students and he went ahead and charged the institution that he underwent unfair reverse discrimination. The ruling legalized the use of affirmative action but the court limited the scope of such programs and numerous states prohibited affirmative action program grounded on race.
Question 6
A voting right Act of 1965 is a breakthrough piece of federal legislation in the United States that forbids racial discrimination arising during voting. The act secured the right to vote for racial minorities in the whole country and Is considered the most effective piece of federal civil rights legislation enacted. This particular act is very important since it provided a nationwide protection for voting rights (Coleman, 2015, p. 78).
A civil rights act of 1968 which is also known as the Fair Housing Act is a landmark part of legislation that provided for equal housing opportunities despite the national origin, religion, and race. This particular act is important since it enhances America to provide injunctive relief against discrimination in public housings and also equal employment opportunities.
Bibliography
Coleman, K., 2015. The voting rights act of 1965. s.l.: Adventure Works Press.
McNeese, T., 2009. Reagents of the University of California V. Bakke. s.l.: OLMA Media group.
