Constitutional Rights and Legal Techniques

Name of the Student
Name of the Professor
City/State
Date/Month/Year

Question 1
Amendment 1- Freedom of religion, speech, and press. This shows that there is no law that will
prohibit people from attending any religion they would like, free exercise and also abridging
freedom of press or speech.
Amendment 4-Protection from unreasonable searches and seizure. There will be no violation of
people’s rights to be protected in their houses, peoples, and impact contrary to irrational
examinations and confiscations.
Amendment 5-Protection of rights to life, authorization, and possessions. Any citizen shall not
be detained to give information concerning a disreputable crime except on allegation or
presentment of an outstanding panel.
Amendment 6-Right of an accused person in criminal cases. The person accused of any criminal
case shall have a freedom to a faster or open sample by an independent panel of the state
(McNeese, 2009, p. 67).
The rights mentioned above, there are some which are absolute because absolute rights cannot
be restricted or suspended and this includes the right to life.
The lemon test simply is taken to mean a way of determining as to when the law has the effect
of establishing a religion and it involves the following requirements;
 There should be no primary effect of either inhibiting or advancing religion bt the
actions taken by the government.
 A secular legislative purpose must be contained in the action made by the government.

Question 2
In Brandenburg vs Ohio case (1969), Inflammatory speech as per the court ruling cannot be
reproved by the government unless that particular talk made is aimed at producing or
provoking imminent lawless action and is likely to incite or produce such. The government is
not in a position of constitutionally punishing intangible encouragement of force or law
defilement and the free speech or free press allowed by the constitution does not give the
country power to ban or disallow the application of force or law defilement unless the advocacy
is producing or inflaming looming lawless act (McNeese, 2009, p. 123).
A symbolic is just a legal term in law in the United State which helps in describing the actions
that purposefully and discernibly convey a certain statement or message to those who are
viewing it. In this particular case, Douglas made explained the use of symbolic speech by using
an example of splitting of a bible by an individual to rejoice the desertion of his faith or ripping a
duplicate of the constitution in order to demonstrate against ruling by the supreme court.
There is a certain amendment that protects speech against punishment or censorship; freedom
of speech applies to different forms of expression which include written works, online posts and
symbolic speech.