Constitutional Law Attorneys in Wilson, North Carolina

We are lucky to live in a country that grants its citizens so many liberties. All citizens of the United States are equal under the Constitution and are granted the same rights. However, we know that sometimes, the legal system can fail its citizens and wrongfully prosecute people who are utilizing their constitutional rights. At Lusby & Brooks, P.A., we believe that the great residents of North Carolina deserve to be advocated for when their constitutional rights have been violated. If someone has infringed on the civil liberties that are granted to you in the Constitution, contact us today for diligent counsel in Wilson, North Carolina.

The First Amendment

The minted purpose of the First Amendment is to assure an effective system of freedom of expression for our society. The government cannot create a law that criminalizes speech or expression, press, peaceful protest, or that establishes a nationwide religion. These rights were put in place so that elected leaders cannot censor or oppress their citizens.

Freedom of Speech and Expression

Being able to speak freely without the fear of being detained by the government is not only a privilege for Americans but an indisputable right. Some demonstrations that are legally protected under the First Amendment include:

• The right to criticize elected officials

• The right not to speak

• The right to peaceful protesting

• The right to use offensive words or phrases

• The right to advertise and promote commercial products or service

While we are granted a wide range of independence when it comes to free speech, it is not absolute. There are still limits to what we are able to say without being held accountable. Some forms of expression that are not protected under the First Amendment include:

• Inciting violence or threats

• Fighting words (words meant to incite an immediate breach of the peace)

• Distribution of lewd materials

• Disrupting school proceedings

• Making or distributing child pornography

The truth has no chance to succeed without freedom of expression and speech. If you think that your First Amendment rights have been breached, it is important to confer with a knowledgeable Constitutional Law attorney.

Freedom of Religion

Our country was founded on the principle that anyone can worship, or not worship, whatever religion they want without the fear of being persecuted by our leaders. As Christians ourselves, this is a very serious matter to us, no matter what religion a person may be.

However, tensions can still arise and people can still fall victim to religious discrimination in the workplace. There are many different ways a person can be discriminated against in the workplace due to their religion, including:

• Segregation

• Not being allowed to observe religious holidays/traditions

• Working in a hostile space due to offensive remarks

If you are facing discrimination in your workplace due to the religion you are practicing, you should contact us today at Lusby & Brooks, P.A.

The Fifth Amendment

The Fifth Amendment grants the citizens of the United States an abundance of rights when they are involved in a civil or criminal procedure. However, those rights can often be disregarded by the authorities, so it is important to know what rights are guaranteed to everyone.

• Grand jury - For federal crimes that are considered capital offenses or infamous crimes, a person cannot be charged unless the prosecutors present a good amount of evidence to a grand jury. The grand jury must believe that the claims that the prosecutors are making are being substantiated by the presented evidence; they cannot indict a person on a gut feeling.

• Double jeopardy clause - A person cannot be tried for the same crime more than once.

• Self-incrimination - Under the Miranda rights, a person has the right to not speak to an officer or other authorities when being questioned. If on trial, a person cannot be forced to testify against themselves.

• Due process - Due process holds the authorities to standards they must follow when preparing a case against you. If those procedures are not followed, it may result in a mistrial or dropped charges.

The Fifth Amendment is integral to holding our authorities accountable for how they prosecute their citizens. If your Fifth Amendment rights have been trampled on, contact us at Lusby & Brooks, P.A. to keep the integrity of the legal system intact.

Contact Lusby & Brooks, P.A. for Trustworthy Counsel

The attorneys at Lusby & Brooks, P.A. take your constitutional rights very seriously. Here is a full list of constitutional areas we cover:

• Free Speech Litigation

• Religious Liberties Litigation

• Fifth Amendment “Takings” Clause Litigation

• Federalism and Separation of Powers

• Litigation under Federal Civil Rights Laws

• Individuals with Disabilities Education Act (IDEA) Cases

• Litigation under State Constitutional Law

• Economic Liberties Litigation

• Defamation (Libel and Slander) Cases

• Freedom of Information Act and Public Record Act Cases

If your rights as an American citizen have been violated, contact us for a consultation in Wilson, North Carolina. We also proudly serve Raleigh, Greensboro, Charlotte, Wilmington, and all of North Carolina.