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History of First and Fourth Amendments

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Part I

Using sources, explain how the constitutional interpretation of the First Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain.
Part II

Using sources, explain how the constitutional interpretation of the Fourth Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain

Part III

Read the following set of facts and then using the IRAC method lay out your constitutional analysis and your conclusion. (Do not repeat the facts....just go through the IRAC) Consider what rights the defendant can complain have been violated. Do not assume that only one amendment is triggered in this case, there may be more than one. Be sure to offer your conclusion on the matter.

Scenario:

You are a newly appointed U.S. Supreme Court Justice. Your law clerk has brought a case to your attention that he feels you may want to vote for in order to grant a writ of certiorari. As you read the facts, you brief the case so that you can come back to review it later prior to the time to vote.

Facts:

Defendant male, Smith, was convicted of aggravated rape of a child in State X and sentenced to death. The female child victim, A.B., age 9, was held hostage for two months by defendant and sexually assaulted repeatedly. She testified via closed circuit television about daily assaults, that defendant used weapons, and sodomized her. Evidence was introduced at trial that she was forced to bathe in bleach and other chemical substances. Defense counsel failed to object to the introduction of this evidence. During sentencing, there was testimony that A.B. suffered from obsessive-compulsive disorder and was known to use harsh cleaning solutions. This information was not available to the defense during guilt/innocence.

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Solution Summary

This response addresses the history of the First and Fourth Amendments.

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Final
Part I

Using sources, explain how the constitutional interpretation of the First Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain.

Over the 220 plus years of its existence, the First Amendment's five fundamental freedoms of religion, speech, press, assembly and petition have been cultivated and established into the current lexicon through different courts setting the paradigm for these freedoms in landmark legal cases, which have set the standards for freedom of expression for each new American generation. Every new generation has had to deal with new ways to interpret this Amendment in relation to the climate during each new generation. One example of this is following the 9/11 attacks whereas support for the First Amendment was severely damaged in regard to how far the right to free speech should be extended to American citizens. Future issues with the First Amendment entail how information technology and emerging digital media environments have influenced the 21st generation and how they regard free expression rights.

http://www.knightfoundation.org/publications/future-first-amendment-2011

Part II

Using sources, explain how the constitutional interpretation of the Fourth Amendment has evolved over the years. What do you ...

Solution provided by:
Raushaun Rigsby, MSc
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  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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