The Constitution’s Bill of Rights
protects persons against unlawful government action.
Elmore and Smith Law Firm is proud to offer legal services to persons who have experienced a violation of their Constitutional rights. Specifically, our firm represents persons who have experienced government interference with the right to free speech (1st Amendment) and denial of due process and equal protection (5th, 14th Amendments)
Freedom of Speech
The exchange of ideas is crucial to our democracy. As such, the Constitution prohibits a government entity (whether it be a federal, state, or local government) from interfering with the protected free speech of individuals. Protected speech includes speech that others may find objectionable or offensive. Speech can also include other forms of expression, such as dance or artwork. Government employees enjoy this protection as well, and their speech is protected as long as the speech is related to a matter of public concern and made while the employee is speaking as a private citizen.
If a government entity has interfered with your rights to speech, Elmore and Smith can help.
Equal Protection
The Constitution also prohibits most forms of governmental discrimination on the basis of race, sex, national origin, and religion. This prohibition is found in the 14th and 5th amendments to the Constitution. Very few exceptions exist for this discrimination, and the US Supreme Court is likely to eliminate these remaining exceptions in the near future. Discrimination can include excluding persons from programs and benefits based on race, sex, religion and national origin. If a government (whether it be federal, state, or local government) discriminates against individuals, these persons have rights under both the Constitution and the 1964 Civil Rights Act. Further, a government cannot escape its Constitutional obligations by providing funding to a third party that in turn discriminates against individuals.
If a government entity (or government funded entity) has declared you are unable to participate in programs, receive benefits, or treats you differently due to your race, sex, national origin, or religion, Elmore and Smith can help.
Due Process
Due Process is the right to have a matter fairly adjudicated before adverse consequences are imposed by a government entity. This right is guaranteed by the 14th and 5th amendments to the Constitution. At a minimum, persons are entitled to an impartial hearing and the right to appeal before a government can take adverse action. Due Process issues common arise in public college/ university disciplinary actions. Public universities and colleges must provide proper due process to students and faculty who are accused of wrongdoing or Code of Conduct violations prior to disciplinary action. It is imperative that the accused person obtain legal counsel as soon as possible in these situations. Elmore and Smith is here to help protect the due process of rights of university students, faculty, and others who are facing due process violations.