Interpreting Rights

Freedom of Speech

This includes:
  • Statements people may disagree with
  • Speech that results in undesirable actions
  • Speech protesting government policy
  • Ideas found offensive
  • Symbolic speech (actions representing thoughts or words)
This excludes:

Freedom of Religion

Protected in two ways:
  1. Establishment Cause
    1. Prohibits the government from establishing an official religion.
    2. Prohibits the government from leading prayer in school
  2. Free Exercise Clause
    1. Allows people to worship as they please
    2. Certain actions can still be illegal
    3. Separation of Church and State is never explicitly mentioned in Constitution.

Right to Protection from Unreasonable Searches and Seizures

This is protected under the "Exclusionary Rule", which prevents evidence seized in violation of the Fourth Amendment from being used in court.

Due Process

This requires that every citizen has a fair hearing and trial. Miranda v. Arizona mandated the right to remain silent under the Fifth Amendment.

Protection Against Cruel and Unusual Punishment

This includes:
  1. Excessive bail
  2. Degrading to human dignity
  3. Severe punishment that is arbitrarily executed
  4. Punishment society rejects
  5. Punishment that is unnecessary

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