Use of Force, Bill of Rights, and Criminal Defenses

Use of force, bill of rights, and criminal defenses
Name
Course
Institution
Date
The case Graham v. Connor (1989) highlights three factors where police are justified to use of force must be objectively reasonable. The three factors are the immediate threat to the officers or others, the level of actively resisting arrest or evading, and the severity of the crime (Ross, 2002). The Fourth Amendment protects against unreasonable and unwarranted search and seizure. When the police use force it must not be for malicious intent or causing harm, while there must also be the need for using force.
Freedom of speech and expression can interfere with other rights such as when there is a call to violence and interference that affects how people enjoy their rights and freedom. The freedom of speech should also not interfere with other rights to privacy or cause harm to them including the case of libel and defamation. Everyone has the freedom to hold opinions and express themselves, but this should not be at the expense of another person’s right. Public order focuses on the community at large and the government is obligated to protect public order and safety. There are reasonable restrictions upon free speech rights to protect public order and interests.
The standard of imminent lawless action was established in the Brandenburg v. Ohio (1969) case where the constitution protects free speech and free press where the state is not to use force unless there is incitement, imminent lawless action, or conduct (Pew, 2015). Thus, an individual or group cannot incite violence of riots and then use free speec...