Do I have any constitutional rights as a minor?

[ViperMagic]

My civics teacher says I don't. Does this mean that the police could just arrest me and throw me in jail for speaking against president Bush? Am I NOT gaurenteed life, liberty and the prusit of happieness? Also, WHY don't I have Cconstitutoanl rights? I read the whole thing today, and no where did I see

"P.S. This document only applys to those older than 18. Tom Jefferson"

 

[mithrandir2001]

I think they are mistaken. As a minor, you do not have the right to engage in contracts, for instance, but the Bill of Rights and the Consitution fully apply to minors.

 

[MacBaine]

Your civics teacher is a complete idiot. You just don't have a few rights such as voting, etc. But yes, your teacher is an idiot....tell him that.

 

[777joee]

You only have full rights when you are 18 or become an emancapatied adult. That is why all of the juvenile offenders are treated differently when they commit crimes and such.........


it's OK..........

 

[Hammer]

You're covered, there's even an amendment about it.

 

[Electric Amish]

You have the right to remain silent. Anything you say can be held against you in a court of law. You have the right to an attorney. etc....

amish

 

[Stealth1024]

Persuit of Happiness is simply the right to own property.... you have the right to live and you aren't enslaved to anyone else

but you aren't an adult yet..... but you are a citizen

 

[StageLeft]

Not only is he 100% right but i can legally kill a minor without any penalty!!!!!!!!!!

 

[GasX]

<< Not only is he 100% right but i can legally kill a minor without any penalty!!!!!!!!!! >>

Actually, you may have to give the owner of that minor 2 camels, but the law varies from state to state.

 

[Russ]

ViperMagic,

While you do not possess the full spectrum of rights as adults, you are protected by most of the fundamental rights.

Russ, NCNE

 

[ViperMagic]

Ok, so lets say I was walking down the hall, and said:
"My computer is so fvcked up"
I'd get ISS. Dosent that fall under the 1st amendment?

 

[Frenchie]

As a minor, you do not have the right to engage in contracts

A minor does in fact have the right to enter into contracts. However, the contract is voidable by the minor. ie a minor can enter into and enforce the terms of a contract, but a contract may not be enforced against a minor. Only contracts for necessities (food, shelter, cloting, etc.) may not be voided by the minor. (ie contracts for necessities entered into by a minor are fully enforceable against the minor).

 

[MajesticMoose]

<< Ok, so lets say I was walking down the hall, and said:
"My computer is so fvcked up"
I'd get ISS. Dosent that fall under the 1st amendment? >>


No, it is not protected. Obscenity, Libel and slander are not protected. Technically, congress could outlaw porn if they wanted to

m00se

 

[Russ]

<< Ok, so lets say I was walking down the hall, and said:
"My computer is so fvcked up"
I'd get ISS. Dosent that fall under the 1st amendment? >>



No, it doesn't. Nor would it for an adult.

Russ, NCNE

 

[ViperMagic]

<<

<< Ok, so lets say I was walking down the hall, and said:
"My computer is so fvcked up"
I'd get ISS. Dosent that fall under the 1st amendment? >>


N, it is not protected. Obscenity, Libel and slander are not protected. Technically, congress could outlaw porn if they wanted to

m00se >>



Who defines what an obscenity is? Does 'suck' count? 'Frick'?

 

[Jzero]

<< But yes, your teacher is an idiot....tell him that. >>


In school, your constitutional rights can be freely abridged at the administration's discretion.
Call your teacher an idiot and see how fast you get detention or suspension. Oh sure, you won't be arrested for it, but that doesn't mean they can't attempt to get you through means outside of the court system.
Schools abridge students' rights all the time.

 

[MacBaine]

I was being slightly sarcastic. I know that in schools, students loose a majority of thier rights, but for a teacher to say that minors (not in school) have NO rights, that is just pure stupidity.

 

[ViperMagic]

<< I was being slightly sarcastic. I know that in schools, students loose a majority of thier rights, but for a teacher to say that minors (not in school) have NO rights, that is just pure stupidity. >>



Yeah, she literlay said:

"You are not 18, your a minor. The constituion has nothing to do with you, it dosent apply to you"

 

[rahvin]

<< Who defines what an obscenity is? >>



A jury is asked. There are three tests, but basically it boils down to, does this violate the community standards of the area you live in. If the answer is yes then it is deemed obscene and can be outlawed. There is a caveat to this though, speech is highly protected and you must be posing a direct threat to people through your speech to have it censored. The best example is "fire" in a crowded theatre. I doubt most communities would be able to prosecute for vulgarity in public (unless their is a minor protection law), the words simply don't present a threat to the public if the individual is sane and unthreatening.

BTW you teacher is completely wrong when she says you don't have rights. You have all the rights guaranteed through the constitution, some of these rights are strictly reserved as decisions for your guardian but they are still your rights.

 

[LongCoolMother]

well, we arent allowed to use freedom of speech in middle school...:disgust:

 

[colonel]

sorry pal, you will need to looby politicians for that.

 

[Imdmn04]

obscenity is protected, just can't direct it at others. there is a difference when u say $hit when u accidently fell and say $hit to someones face, your freedom of speech cannot infringe on others rights.

School can basically do whatever they want thats within reasonble lines of the constitution(that means they cant physcially beat you or anything like that), they have their own agenda. school has restricted rights

so in a sense your teacher is right, since you are at a school, you cant just say fock in the middle of the class, that would be disrupting the educational process

 

[poopaskoopa]

Are you trying to come up with a good excuse to use obscenities in school?

 

[rahvin]

<< obscenity is protected, just can't direct it at others. there is a difference when u say $hit when u accidently fell and say $hit to someones face, your freedom of speech cannot infringe on others rights. >>



Please tell me what right I would be infringing by saying sh!t to your face? The simple fact is that public speech that isn't slanderous or threatening is protected.

 

[Imdmn04]

umm when some stranger for no reason and walk up to me and say $hit in my face, i would consider it threatning. i might even give him the finger
because this is called fighting words, you cant provoke other people with your speech so that it escalates into a fight