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Tag Archives: Fourteenth Amendment

Constitutional Battle Between the First and Fourteenth Amendments

Constitutional Battle Between the First and Fourteenth Amendments

What Constitutional Right prevails, when the First Amendment of the United States Constitution and the Fourteenth Amendment of the United States Constitution collide? This question was recently answered by the Florida Appellate courts in Long v. State, -So.3d- , 2014 WL 5462459 Fla. App. 1st DCA 2014. Long was convicted of two counts of lewd and lascivious molestation and one count of sexual battery, by a person in familial or custodial authority. Long argued on appeal that because the trial judge allowed, over Long’s objection, burly men wearing jackets embroidered with “Bikers Against Child Abuse;” a freedom of expression guaranteed under the First Amendment, to be present near the courtroom and therefore in the presence of jurors, prior to the commencement of his trial, violated his Fourteenth Amendment Right to… […]

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