Question
Explain some of the limitations placed on these rights by citing at least three instances where this has happened. This means finding three cases where
Explain some of the limitations placed on these rights by citing at least three instances where this has happened. This means finding three cases where the Bill of Rights protections have been limited. This can include the First Amendment liberties such as limitations on religion, speech, or assembly, or any of the other Bill of Rights. This should not be an occasion where the right was usually protected, but an instance where after Selective Incorporation the right was limited. Make sure the cases deal with instances after Selective Incorporation and that they deal with one of the protections of the Bill of Rights.
One of the earliest cases where the Supreme Court determined that the rights protected by the Bill of Rights were not limited to the federal government, but extended to the states. Often times students cite a case like Mapp v. Ohio, here the Supreme did apply Selective Incorporation, but this is an example where the right was protected. This assignment is asking that you find three cases where the Supreme Court has extended the right to the states, but in the particular cases you find, they state that the right is limited and not absolute so it does not protect the right.
There are plenty of examples of how no right is absolute. Here is one, but you cannot use this example in your paper:
Morsev. Frederick Links to an external site.- here the Supreme Court found that Frederick's right to Free Speech was not protected in this instance even though it generally is. You can review the facts and ruling by clicking on the link to the case. You need to find three cases like this. You cannot use Morse v. Frederick as one of your cases. It can be on any of the Bill of Rights (First Ten Amendments). Some students err by citing cases that are strictly about the Fourteenth Amendment such as Brown v. The Board of Education. This case only deals with the Fourteenth Amendment so you will not receive full credit for a case like this. You need to make sure that the issue at hand also addresses one of the Bill of Rights.
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