CJ 3352 (2) DB responses 75 words each with peer reviewed cites DUE 13 Jan

(2) DB responses 75 words each with peer reviewed cites

The First Amendment Doctrine

Police officers are important law enforcement agents. Nonetheless, their work is closely intertwined with that of the Court. While it is the work of police officers to apprehend the violators of the law, it is the Court that sentences them. In that case, the understanding of the First Amendment doctrine is important so as to avoid unlawful arrests, some of which may result into costly litigations. Such an understanding does also avoid the wasting of Court’s time (Kanovitz, 2012).

Levels of Speech Protection

The First Amendment doctrine facilitates stringent protection for political and religious expressions. Indeed, these two categories are what prompted the enactment of the First Amendment. Their restrictions are strictly scrutinized, and this means that they are only preferred in situations where the actions of individuals concerned may harm the society. Nonetheless, such forms of speech as obscenity are usually restricted. Others such as commercial speech are regulated based on rational review (Kanovitz, 2012).

Speech and Conduct

Conduct is regarded as the symbolic speech that expresses an idea. Indeed, it is a form of nonverbal communication which can be as effective as verbal communication. Activities such as demonstrations, waving of flags, or holding sit-ins are considered to be forms of speech. However, not all conducts are protected as per the First Amendment doctrine. This is because courts have concluded that some conducts may be ambiguous, and thus misleading (Kanovitz, 2012).

 References

Kanovitz, J.R. (2012). Constitutional Law. Amsterdam, Netherlands: Elsevier