rights protection

• how can free speech be seen to be protected?

  snyder v Phelps [2011] - free speech protected even when it is controversial

  Citizens united v FEC [2010] - electoral donations form of free speech
• how can free speech be seen to not be protected?

  citizens united directly contrasted with McConnell v FEC [2003] - said campaign donations were not free speech
• how can gun control be seen to be protected?

  DC v Heller [2008] - protected right to gun ownership regardless of militia membership

  Chicago v McDonald [2010] - right to gun ownership protected
• how can gun control be seen as not protected?

  2010 ruling Alito said it was not a right to 'any gun, anywhere, anytime'
• how can cruel and unusual punishment be seen as protected?

  boumediene v Bush [2008] - struck down all aspects of guantanamo bay
• how can cruel and unusual punishment be seen as not protected?

  guantanamo bay is still open - court rulings not effective?
• how can abortion be seen as protected?

  roe v wade [1973] - right to have an abortion
• how can abortion be seen as not protected?

  the overturning of Roe v Wade in 2022
• how can states rights be seen as protected?


  Texas v US [2016] - upheld texas challenge on a DAPA order
• how can state rights be seen as not protected?

  NFIB v Sebelius [2012] - upheld constitutionality of obamacare as form of tax
• similarities of judiciaries?

  • independence of buildings and personnel
  • rigorous appointment process
  • security of tenure
  • pressure from elected branch and interest groups in rulings
  • both willing to rule against government
• differences of judiciaries?

  • us salaries protected by constitution, UK set by ministry of justice
  • usa elected through political branches, UK independent commission
  • usa can overrule elected branches, uk cannot
• comparison of rights protection?

  lee v ashers baking company ltd (2018) - masterpiece cakeshop v colorado civil rights commission (2018)