Isabella Carter
The United States Constitution's Bill of Rights, ratified in 1791, comprises the first ten amendments, which guarantee a variety of civil freedoms. The Fourth Amendment, for instance, protects citizens from unreasonable searches and seizures by the government, while the First Amendment protects freedom of speech, freedom of religion, freedom of the press, and the right to peaceful assembly. Violations of these rights can occur when federal or state officials act unreasonably or unlawfully, such as through unwarranted searches or seizures, or when governments retaliate against individuals for exercising their First Amendment rights.
| Characteristics | Values |
|---|---|
| First Amendment | Protects the right to free speech and freedom of expression |
| Protects the right to freedom of religion and freedom of the press | |
| Protects the right to peaceably assemble and petition the government | |
| Fourth Amendment | Protects people from unreasonable searches and seizures by the government |
| Protects people's right to privacy and freedom from unreasonable government intrusion | |
| Requires probable cause for warrants | |
| Requires warrants to specifically describe the place to be searched and items to be seized |
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What You'll Learn
Unreasonable searches and seizures
The Fourth Amendment of the U.S. Constitution protects people from "unreasonable searches and seizures" by the government. This amendment safeguards the right to privacy and freedom from arbitrary governmental intrusions. However, it doesn't offer blanket protection from all searches and seizures, only those deemed unreasonable under the law.
To establish a violation of their Fourth Amendment rights, claimants must demonstrate that their reasonable expectation of privacy was unjustifiably violated by the government. Courts will assess the totality of the circumstances, balancing the individual's right to privacy against legitimate government interests, such as public safety.
Warrantless searches and seizures are generally presumed unreasonable unless they meet specific exceptions. These exceptions include situations where an officer obtains consent to search, conducts a search incident to a lawful arrest, has probable cause with exigent circumstances, or faces imminent danger, imminent destruction of evidence, or a suspect's escape. Courts will consider factors like the degree of intrusion and the manner in which the search or seizure was conducted.
In the context of traffic stops, officers may conduct a pat-down of the driver and passengers during a lawful stop, and the use of narcotics detection dogs does not require reasonable suspicion. However, extending a traffic stop to conduct a dog sniff without reasonable suspicion violates the Fourth Amendment, as seen in Heien v. North Carolina (2014). Similarly, without a warrant, police generally cannot search digital information on a seized cell phone, as highlighted in Riley v. California (2014).
The Fourth Amendment's applicability to electronic searches and seizures has gained significant attention in recent years, reflecting the evolving nature of privacy concerns in the digital age.
Amendments: Understanding Our Constitution's Evolution
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Lack of probable cause
The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures and secures their fundamental right to privacy. It states that:
> " [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Probable cause is a requirement that must usually be met before police make an arrest, conduct a search, or receive a warrant. A lack of probable cause will render a warrantless arrest invalid, and any evidence resulting from that arrest will be suppressed.
Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of a crime is likely to be found in the place to be searched (for a search). The existence of probable cause depends on the totality of the circumstances, meaning everything that the arresting officers know or reasonably believe at the time the arrest is made.
To obtain a search warrant, an officer must demonstrate to a court authority, usually a magistrate, that probable cause exists to justify a search or seizure. A judge may issue a search warrant if the affidavit in support of the warrant offers sufficient credible information to establish probable cause. The affidavit must state the underlying circumstances of the informant's claims and address the informant's credibility or the reliability of the information.
In some circumstances, a warrantless search or seizure may be justified by probable cause and exigent circumstances, such as situations where people are in imminent danger, evidence faces imminent destruction, or a suspect is about to escape.
Amendment History: The 14th Amendment Enacted in 1868
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Invasion of privacy
> [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
There are several legal claims that can be brought by the aggrieved party in the case of an invasion of privacy, including intrusion on seclusion, public disclosure of private facts, false light, and appropriation. All of these claims concern a different form of invasion of privacy but share the common thread of an unwelcome or unauthorized intrusion upon a person's private life.
For example, the "right of publicity" tort is related to the privacy strand of appropriation of one's name or likeness for commercial purposes. In such cases, the plaintiff may seek to be paid for the value lost through the broadcasting of their likeness, rather than seeking to bar the broadcast.
Amending the Constitution: A Necessary Evolution
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Free speech restrictions
The First Amendment of the US Constitution protects the right to free speech, stating that "Congress shall make no law...abridging the freedom of speech". However, there are certain limitations and restrictions to this right, and some categories of speech are not protected by the First Amendment.
The Supreme Court of the United States has affirmed that while the Constitution protects free speech, it also allows for limitations on certain categories of speech. These categories include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, true threats, false statements of fact, and commercial speech. For example, false advertising can be punished, and misleading advertising may be prohibited. Commercial advertising may be restricted if it advances a substantial governmental interest and is not overly broad.
Additionally, the federal government has broad power to restrict the speech of military officers, as affirmed in Parker v. Levy (1974). The Court held that the military is a "specialized society", separate from civilian society, requiring stricter guidelines. Similarly, when the government acts as a controller of prisons, it has broad authority to limit the free speech of inmates. Any restriction that is "reasonably related to legitimate penological interests" is considered valid.
The government also has greater leeway to restrict speech when it acts as a subsidizer or speaker, employer, regulator of education, or controller of the mail, airwaves, legal bar, military, prisons, and immigration. In these contexts, less protection is afforded to uninhibited speech.
It is important to note that time, place, and manner restrictions on speech may be valid if they are reasonable. For example, universities have the ability to apply reasonable restrictions to maintain an environment free of harassment and substantial disruption to the educational experience. While civil disobedience is a form of speech, it is not protected, and participation in such activities can result in lawful punishment.
Education and the US Constitution: Which Amendment?
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Discrimination and retaliation
Workplace Discrimination and Retaliation
The Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit Federal agencies and employers covered by the EEOC from discriminating against employees and job applicants on the basis of protected characteristics. These characteristics include race, colour, religion, sex, national origin, age (40 or older), disability, or genetic information. The EEOC also protects individuals who file complaints or participate in investigations of discrimination or harassment. Title VII of the Civil Rights Act of 1964 specifically prohibits employment discrimination based on race, colour, religion, sex, and national origin.
Education Discrimination and Retaliation
Fourth Amendment Violations
The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. While it does not protect against all searches and seizures, it requires those deemed unreasonable to be conducted with a warrant and supported by probable cause. Individuals can file a Bivens action for damages if federal law enforcement officials violate their Fourth Amendment rights through unlawful searches and seizures.
Other Protected Areas
In addition to the EEOC and Title IX protections, other laws enforced by the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) protect federal employees from prohibited personnel practices. These laws prohibit discrimination based on additional factors such as marital status or political affiliation.
To prove discrimination or retaliation, individuals can provide oral or written evidence demonstrating a good faith, reasonable belief that the employer's actions were discriminatory. This evidence does not need to establish a direct violation of the law but should show a reasonable person would be deterred from bringing a charge of discrimination.
In summary, discrimination and retaliation are prohibited under various amendments, laws, and regulations in the United States. These protections cover a range of areas, including employment, education, and individual rights, with a focus on preventing unfair treatment and ensuring equal opportunities for all.
Citing the Fourth Amendment: APA Style Guide
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Frequently asked questions
The First Amendment to the United States Constitution protects the right to free speech and freedom of expression. It applies only to government action, so private companies or individuals are generally not bound by it. However, if you can show evidence that private actors are conspiring with the government, this may constitute a violation.
The Fourth Amendment protects people from unreasonable searches and seizures by the government. A search or seizure is generally unreasonable if conducted without a warrant, unless there are exigent circumstances, such as imminent danger or destruction of evidence.
The Second Amendment states that "the right of the people to keep and bear Arms, shall not be infringed." Therefore, any laws or regulations that infringe on the right to keep and bear arms may constitute a violation of the Second Amendment.
The Fourteenth Amendment guarantees due process and equal protection under the law. A violation of these rights could include any law or action by a state actor that deprives an individual of life, liberty, or property without due process, or that denies equal protection of the laws.
