Civil Liberties Test

In the case Feiner v. New York, Feiner claimed that his conviction violated his right of free speech under the First and Fourteenth Amendments to the United States Constitution. Court found that Feiner's First Amendments rights were not violated, because his arrest came when the police thought that a riot might occur. The Court found that the police did not attempt to suppress Feiner's message based on its content, but rather on the reaction of the crowd. This case is an example of when freedoms and protections collide. Everyone does have the right to say whatever they want, as long as it's not libel, slander, or could cause clear and present danger, which all these have to do the protections. The first amendment allows you to say whatever you want, which is a freedom, but if what you’re saying can cause and uprising of problems and conflicts that can endanger the people around you then you could be arrested for disturbing the peace, just has in Feiner’s case. The 14th Amendment greatly expanded the protection of civil rights to all Americans with "Life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.” In the Case Goss v. Lopez two students were suspended without some sort of hearing or conference. This violated the 14th Amendment, for they should have been giving a hearing, in which not doing so, they were treated unequally and it caused their good name to be at stack. As for in the case New Jersey v. T.L.O a student was accused of smoking in the bathroom, which lead to the searching of her purse. Now does this violate the 14th Amendment? No, because they had “probable cause” and the concern for safety overrides the intrusting of privacy. In the Case Miranda v. Arizona, Miranda was arrested and interrogated, without the warning of his rights that were protected under the 5th amendment. In though the court was trying to protect the people by putting away the “bad guys”, they still violated the 5th amendment and his rights to remain silence.
Willie Gray

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