Eleanor Finch
The Constitution is a document that outlines the rights and freedoms of citizens. However, there are some areas that are not protected by the Constitution. For example, the right to vote was not originally guaranteed by the Bill of Rights, and it took several constitutional amendments to extend voting privileges to African Americans, women, and young people. In addition, the Constitution does not explicitly protect the rights of unauthorized immigrants, and the Supreme Court has not provided a clear ruling on this issue. Private persons and organizations are also generally not subject to the Constitution, although there are some exceptions.
| Characteristics | Values |
|---|---|
| Right to vote | Not guaranteed by the Bill of Rights |
| Speech | Not protected if it involves obscenity or is considered subversive |
| Religion, speech, press, assembly and petition | Not protected for unauthorized immigrants |
| Free speech rights | Not protected by private universities |
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What You'll Learn
The right to vote
The government has acted to restrict speech in radio and television broadcasting if it involves obscenity. During wartime, the government has also suppressed speech that it considers subversive, such as urging citizens to refuse to be drafted into military service. During the First World War, the Supreme Court concluded that the government could restrict such speech if it demonstrated that the speech posed a “clear and present danger” to the nation. In his opinion in *Schenck v. United States* (1919), Justice Oliver Wendell Holmes Jr. used the example of someone falsely crying “fire” in a crowded theatre—simply to cause a panic and injure people—as an example of speech not protected by the Constitution.
The Tenth Amendment reserves all powers not given to the federal government, or prohibited to the states by the Constitution, to the states or to the people. The rights contained in the Bill of Rights were originally construed to apply only against the federal government and not against state or local governments. The rights of individuals were protected from state intrusion only by the state constitutions themselves. This changed after the American Civil War, with the passage of three amendments intended to protect the rights of the newly freed slaves. The Thirteenth Amendment prohibited slavery, and the Fifteenth Amendment protected the right to vote from discrimination based on race.
With some exceptions, private persons and organizations do not have to comply with the Constitution. For example, while a public university cannot unduly restrict the free speech rights of its students, private universities are not subject to this rule. The Supreme Court has not ruled in a direct way on whether the First Amendment applies to unauthorized immigrants.
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Speech that poses a 'clear and present danger' to the nation
Speech that poses a clear and present danger to the nation is not protected by the Constitution. During the First World War, the Supreme Court concluded that the government could restrict such speech if it demonstrated that the speech posed a “clear and present danger” to the nation. In his opinion in *Schenck v. United States* (1919), Justice Oliver Wendell Holmes Jr. used the example of someone falsely crying “fire” in a crowded theatre—simply to cause a panic and injure people—as an example of speech not protected by the Constitution.
During wartime, the government has also suppressed speech that it considers subversive, such as urging citizens to refuse to be drafted into military service. The government has also acted to restrict speech in radio and television broadcasting if it involves obscenity.
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The rights of unauthorized immigrants
The Constitution does not protect the rights of unauthorised immigrants. The Supreme Court has not ruled directly on this issue, and the First Amendment does not make clear whether "the people" who are given the freedoms of religion, speech, press, assembly and petition include unauthorised immigrants.
The Constitution leaves room for interpretation on this matter, and it is up to the Supreme Court to decide how to interpret the Constitution in this context. The rights of unauthorised immigrants are not explicitly protected by the Constitution, and it is unclear whether they are included in the category of "the people" who are granted these freedoms.
The Tenth Amendment reserves all powers not given to the federal government or prohibited to the states by the Constitution to the states or to the people. This means that the federal government cannot restrict the rights of unauthorised immigrants, but the states may have the power to do so.
Private persons and organisations do not have to comply with the Constitution, with some exceptions. For example, a public university cannot unduly restrict the free speech rights of its students, but a private university is not subject to this rule. This means that unauthorised immigrants may have their rights restricted by private persons or organisations without protection from the Constitution.
During wartime, the government has suppressed speech that it considers subversive, such as urging citizens to refuse to be drafted into military service. This demonstrates that the government has the power to restrict the rights of unauthorised immigrants if it deems their speech or actions to be a threat to national security.
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Private persons and organizations
Private persons and organisations are not protected by the Constitution. For example, while a public university cannot unduly restrict the free speech rights of its students, private universities are not subject to this rule. This is because the rights contained in the Bill of Rights were originally construed to apply only against the federal government and not against state or local governments. The rights of individuals were protected from state intrusion only by the state constitutions themselves.
The Constitution leaves room for interpretation when it comes to unauthorised immigrants. The First Amendment does not make clear whether "the people" given the freedoms of religion, speech, press, assembly and petition are a narrow group of citizens or a broader category, some of whom come to the United States to visit, learn and work.
The government has acted to restrict speech in radio and television broadcasting if it involves obscenity. During wartime, the government has also suppressed speech that it considers subversive, such as urging citizens to refuse to be drafted into military service. During the First World War, the Supreme Court concluded that the government could restrict such speech if it demonstrated that the speech posed a “clear and present danger” to the nation.
At the time that the first ten amendments were ratified, most of the states limited voting to white men who owned property. The states eventually dropped property requirements for voting, but it took several constitutional amendments to extend voting privileges to African Americans, women, and those between the ages of eighteen and twenty-one.
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State and local governments
The rights contained in the Bill of Rights were originally construed to apply only against the federal government and not against state or local governments. The rights of individuals were protected from state intrusion only by the state constitutions themselves. This changed after the American Civil War, with the passage of three amendments intended to protect the rights of the newly freed slaves. The Thirteenth Amendment prohibited slavery, and the Fifteenth Amendment protected the right to vote from discrimination based on race. The Tenth Amendment reserves all powers not given to the federal government, or prohibited to the states by the Constitution, to the states or to the people.
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Frequently asked questions
The right to vote is not protected by the Constitution. At the time that the first ten amendments were ratified, most states limited voting to white men who owned property. It took several constitutional amendments to extend voting privileges to African Americans, women, and those between the ages of 18 and 21.
The government can restrict speech in radio and television broadcasting if it involves obscenity. During wartime, the government has also suppressed speech that it considers subversive, such as urging citizens to refuse to be drafted into military service.
The Constitution leaves room for interpretation when it comes to the rights of non-citizens. The First Amendment does not make clear whether "the people" given the freedoms of religion, speech, press, assembly and petition are a narrow group of citizens or a broader category.
