REsources

The First Amendment typically restricts federal, state, and local governmental officials (and occasionally private entities functioning akin to government actors) from encroaching upon “the freedom of speech, or of the press.” Moreover, the First Amendment guarantees the entitlement to partake in nonviolent demonstrations and public assemblies, alongside the right to voice grievances and seek aid from the government.

The Fourth Amendment effectively restricts governmental actors from engaging in irrational searches and seizures, unwarranted detentions, as well as unwarranted arrests. Acts of police brutality, excessive use of force, and other forms of police misconduct are encompassed within the purview of this constitutional amendment. Moreover, this amendment also covers legal challenges pertaining to search warrants and arrest warrants.

In addition to safeguarding our entitlement to maintain silence concerning criminal matters and upholding other vital rights, the Fifth Amendment imposes an obligation upon federal officials to ensure due process for individuals, including those who have undergone arrest or are presently detained under federal jurisdiction pending trial. Pursuant to this amendment, it is impermissible for federal officials to disregard the grave medical requirements of individuals under arrest or in pretrial detention.

The Eighth Amendment serves as a constitutional prohibition against the infliction of cruel and unusual punishment upon individuals who have been lawfully convicted of an offense. In accordance with this amendment, both state and federal officials are strictly barred from intentionally causing harm to a prisoner or neglecting their critical medical requirements.

Similar to how the Fifth Amendment pertains to federal officials, the Fourteenth Amendment extends its jurisdiction over state officials. This amendment effectively forbids state actors from depriving individuals of their right to due process. An infringement upon due process, as outlined in this amendment, encompasses actions such as withholding necessary medical attention for individuals who have been detained but not yet found guilty by state authorities. Moreover, this amendment expressly prohibits state officials from impeding familial bonds, whether through wrongful death or the unjust removal of children from their parents’ custody.