Practice Area
Constitutional Rights
When the government oversteps the Constitution, we push back. We defend First and Second Amendment freedoms and the fundamental rights of the people across Missouri.
Overview
What are your constitutional rights against the government?
When a public school, an agency, a legislature, or an officer crosses those limits, the law gives you a way to fight back. Vindex Law defends the constitutional rights of the people, from the freedom to speak and worship, to the right to bear arms, to the right to be free from unreasonable searches and cruel treatment.
First Amendment
What does the First Amendment protect?
The First Amendment protects the freedoms at the heart of a free society. We represent people whose rights to speak, worship, publish, and gather have been infringed by the government.
- Freedom of religion. State funding discrimination against religious schools, conscience objections to laws and mandates, and religious objections to anti-discrimination laws.
- Freedom of speech. Student and staff speech on and off campus, and objections to curriculum.
- Freedom of the press. Journalist arrests and assaults during protest coverage, and political intimidation.
- Freedom of assembly. Arrests during lawful protests.
- The right to petition the government.
And the rights that follow
What do the Second, Fourth, Fifth and Eighth Amendments protect?
Second Amendment
The right to bear arms. We challenge restrictions on carrying in public, and restrictions aimed at specific groups, including people with felony records, those subject to domestic-violence orders, and age-based limits.
Fourth Amendment
The right to be free from unreasonable government intrusion. We litigate illegal searches and seizures and police use of excessive force.
Police misconduct & excessive force →
Flock cameras & license plate readers →
Fifth Amendment
Due process and property. We take on government taking of property and violations of your right to due process of law.
Eighth Amendment
The right to humane treatment. We represent people abused in jails and prisons, including excessive force, medical neglect, extended solitary confinement, and failure to protect.
Related work
When is it a constitutional case and when is it a civil rights claim?
When a constitutional violation has already caused harm, you may be able to hold the government accountable and recover for it. That work lives on our civil rights page.
Answers
Constitutional rights questions we hear
What is the difference between a constitutional case and a civil rights claim?
In practice they overlap. A constitutional case is often about stopping or changing what the government is doing going forward. A civil rights claim under 42 U.S.C. §1983 is usually about accountability for harm already done. Many situations support both, and which to pursue depends on what you need.
Can I sue the government for violating my constitutional rights?
Often yes, though who you can sue and on what footing depends on whether state, local, or federal officials are involved, and whether you are seeking damages or an order requiring the government to stop. Those are different routes with different rules.
Do I need a lawyer to challenge a government action?
For anything beyond a letter, realistically yes. Deadlines, immunities, and notice requirements catch people out, and a challenge brought the wrong way can be lost without the substance ever being heard.
How long do I have to bring a constitutional claim?
It depends on the claim and on who the defendant is, and separate notice requirements can apply where a public body is involved. These windows are often shorter than people expect, so early advice is worth more than it costs.
Do you handle these cases across Missouri?
Yes. Constitutional and civil rights work is handled statewide, in both the Eastern and Western Districts of Missouri and in the state courts.
Talk to us about your case
If the government crossed the line, let’s talk.
Constitutional claims often carry strict deadlines, so reach out early. You can reach us by phone or email.
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