Limits on Rights in the U.S.
Constitution
UNIT II – Constitution and Rights
Limits on 1st Amendment Freedoms
• Religion
▫ Cannot preach hate that leads to violence
▫ Cannot commit a crime (drugs, murder,
etc.)
• Assembly
▫ Cannot erupt into violence, usually need
to get permission ahead of time for
public assemblies
• Petition
▫ Cannot promote an illegal activity
Limits on 1st Amendment Freedoms
• Press and Speech
▫ Obscenity – limited not completely restricted
▫ Libel – cannot print lies with malice
▫ Slander – cannot speak lies with malice
▫ Clear and Present Danger Test – cannot cause
danger to others (i.e. yelling “Fire” in a theater)
▫ Harmful to children – sale or presentation of
material too obscene for children (i.e.
pornography, violence, language, etc.)
▫ Symbolic speech – cannot destroy
public/government property
Wartime Limits on Rights
• The Supreme Court has found on
multiple occasions that time of war may
call for special circumstances
▫ Internment camps (5th)
▫ Limits on speech/press (1st)
▫ Search and seizure (4th)
2nd Amendment Limits
• Restrictions are usually placed on state
basis
• Common restrictions include
▫ Felons cannot own guns
▫ Waiting periods
▫ Background checks
▫ Types of guns may be limited for private
ownership (machine guns, bazookas, etc.)
Hazelwood v. Kuhlmeier
(1988)
ISSUE
• Did the deletion of
an article in the
school newspaper by
the principal violate
the students’
freedom of press?
OUTCOME
• No, the principal
can act as editor-inchief of the school
paper to keep order
and protect others
Amendment Limited – 1st
Miller v. California
(1973)
ISSUE
• Is the sale and
distribution of
obscene material by
mail protected?
OUTCOME
• No, this ruling
created the Miller
Test that is used
today to determine
what is considered
obscene
Amendment Limited – 1st
Schenck v. U.S.
(1919)
ISSUE
• Does the first
amendment protect
speech that
encourages citizens
to act violently
against the U.S.?
TAKE ACTION AGAINST
THE U.S. NOW!
OUTCOME
• No, this ruling
created the Clear
and Present Danger
test
Amendment Limited – 1st
New Jersey v. T.L.O.
(1985)
ISSUE
• Can a students’
items be searched at
a school without
probable cause?
OUTCOME
• Yes, anyone in the
school can be
searched for
“reasonable
suspicion” to ensure
the safety of all
Amendment Limited – 4th
Korematsu v. U.S.
(1944)
ISSUE
• Can the rights of
citizens be limited
by forcing them to
relocate in the name
of national security?
OUTCOME
• Yes, during wartime
the right to privacy
may be limited and
the government may
take extreme
measures to ensure
security
Amendment Limited – 5th