Jonah Patel
Minors are protected by the constitution in a number of ways. In the US, children have the right to equal protection, meaning they are entitled to the same treatment as adults at the hands of authority, regardless of race, gender, disability or religion. They are also entitled to due process, which includes notice and a hearing before any of their basic rights are taken away by the government. Minors are also protected by harmful-to-minors laws, which seek to protect those under 18 from pornography, obscenity and other material that may harm them. In addition, juveniles are entitled to Fifth Amendment protection against self-incrimination in juvenile proceedings.
| Characteristics | Values |
|---|---|
| Right to equal protection | Every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion |
| Right to due process | Children are entitled to notice and a hearing before any of their basic rights are taken away by the government |
| Right to protection from harmful material | Children are protected from pornography, obscenity, and other material that may harm them |
| Right to protection from self-incrimination | Juveniles are entitled to Fifth Amendment protection against self-incrimination in juvenile proceedings |
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What You'll Learn
- Minors have the right to equal protection under the U.S. Constitution
- Minors are entitled to due process
- Minors are protected from pornography, obscenity, and other harmful material
- Minors are entitled to Fifth Amendment protection against self-incrimination
- Minors with disabilities have rights under federal laws related to children's education
Minors have the right to equal protection under the U.S. Constitution
In the juvenile justice system, children are supposed to be afforded the same rights as anyone else. For example, juveniles are entitled to Fifth Amendment protection against self-incrimination in juvenile proceedings, despite the non-criminal nature of those proceedings. This is because a juvenile defendant's liberty is at stake.
However, juveniles are not accorded the full panoply of rights that adult criminal defendants are. For instance, they do not have the right to trial by jury.
There are also harmful-to-minors laws, which seek to protect those younger than 18 from pornography, obscenity, and other material that may harm them. These laws are based on the concept of variable obscenity, which means that material can be considered obscene when viewed by children and young people, though not when viewed by adults.
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Minors are entitled to due process
In addition to these protections, minors are also protected by harmful-to-minors laws, which seek to protect those under 18 from pornography, obscenity, and other material that may harm them. These laws are based on the concept of variable obscenity, which means that material can be considered obscene when viewed by children and young people, but not when viewed by adults. Obscene material is not protected as free speech under the First Amendment and can be regulated by the government.
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Minors are protected from pornography, obscenity, and other harmful material
Minors are protected by the constitution, specifically, they have the right to equal protection. This means that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion. Children are also entitled to due process, which includes notice and a hearing before any of their basic rights are taken away by the government.
In the US, minors are also protected from pornography, obscenity, and other harmful material by harmful-to-minors laws. These laws are based on the concept of variable obscenity, which means that material can be considered obscene when viewed by children and young people, but not when viewed by adults. Obscene material is not protected as free speech under the First Amendment and can be regulated by the government.
Harmful-to-minors laws limit the distribution of sexually explicit material to minors. The majority of these laws have survived constitutional challenges, and nearly every state has some form of harmful-to-minors law.
In addition to these protections, juveniles are also entitled to Fifth Amendment protection against self-incrimination in juvenile proceedings, despite the non-criminal nature of those proceedings.
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Minors are entitled to Fifth Amendment protection against self-incrimination
Minors also have rights under the U.S. Constitution, including the right to equal protection and due process. This means that every child is entitled to the same treatment by authorities, regardless of race, gender, disability, or religion. They are also entitled to notice and a hearing before any of their basic rights are taken away by the government.
In the context of free speech, minors are protected by harmful-to-minors laws, which seek to shield them from pornography, obscenity, and other material that may be harmful. These laws are based on the concept of variable obscenity, which means that material can be considered obscene when viewed by children but not by adults. For example, pictures of nude women may not meet the definition of obscenity for adults, but they can be considered obscene for children.
Nearly every state in the U.S. has some form of harmful-to-minors law, and these laws have largely withstood constitutional challenges. While these laws may limit the distribution of sexually explicit material to minors, they do not infringe on the free speech rights of adults.
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Minors with disabilities have rights under federal laws related to children's education
Minors have rights under the US Constitution. Specifically, they have the right to equal protection, meaning that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion. Children are also entitled to due process, which includes notice and a hearing before any of their basic rights are taken away by the government. In the juvenile justice system, children are supposed to be afforded the same rights as anyone else.
Harmful-to-minors laws seek to protect those younger than 18 from pornography, obscenity, and other material that may harm them. These laws are based on the concept of variable obscenity, meaning that material can be considered obscene when viewed by children and young people, though not when viewed by adults.
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Frequently asked questions
Yes, minors have rights under the U.S. Constitution.
Minors have the right to equal protection, meaning that every child is entitled to the same treatment at the hands of authority regardless of race, gender, disability, or religion. They are also entitled to due process, which includes notice and a hearing before any of their basic rights are taken away by the government. In the juvenile justice system, children are supposed to be afforded the same rights as anyone else.
Yes, nearly every state has some form of harmful-to-minors law, which seeks to protect those under 18 from pornography, obscenity, and other material that may harm them. These laws are based on the concept of variable obscenity, meaning that material can be considered obscene when viewed by children but not when viewed by adults.
Yes, juveniles are entitled to Fifth Amendment protection against self-incrimination in juvenile proceedings, despite the non-criminal nature of those proceedings.
No, minors are not accorded the full panoply of rights that adult criminal defendants are. For example, they do not have the right to a trial by jury.
