Questions tagged [first-amendment]

First amendment to the U.S. Constitution. Related tags: "freedom-of-speech".

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Why did the First Amendment not override the Copyright Clause?

Why does the First Amendment not override the Copyright Clause, making copyright an unconstitutional violation of freedom of speech and press?
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21 votes
9 answers
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Do other countries have free speech protections similar to the First Amendment, and if so, how do those work?

A friend claimed the First Amendment was unnecessary, and mentioned that other countries tended to get along well without it. I realized I didn't actually know much about how freedom of speech or ...
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4 votes
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Using a Bivens Remedy/Claim

I think I understand the fundamentals of Bivens v. Six Unknown Fed. Narcotics Agents. My understanding is that Bivens created a cause of action for the 4th Amendment. Without the cause of action, ...
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Does the 'Don't Say Gay' bill run afoul of the First Amendment or any other speech rights?

Florida has passed a bill: The bill would limit what classrooms can teach about sexual orientation and gender identity. Under this legislation, these lessons "may not occur in kindergarten ...
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7 votes
1 answer
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What would be the sequence of events necessary in order for social media websites to be considered common carriers?

There has been a lot of cries for social media platforms to be regulated as common carriers. However, what would be the actual, concrete events that must happen for such a thing to happen? Does it ...
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What is the significance of Knight First Amendment Institute v. Trump/Biden?

(1) It appears that a Federal court had ruled that Trump's twitter account is a public forum, and thus protected by the first amendment. Is this a correct analysis of the original ruling by the ...
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25 votes
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Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?

I recently saw one of those trucks with flags mounted on them. The usual kind: big truck, 4'x6' flags, usually supporting Don't Tread On Me, Donald Trump, MIA, etc. Or the actual American flag. They ...
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1 vote
1 answer
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Is this an example of first amendment being violated in a public university in the US?

A while ago, a graduate school official in a public university in the US sent me this email message: Obtaining permissions and approvals - If you have co-authors or co-researchers you must ask their ...
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6 votes
2 answers
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Can I sue a government agency for removing Facebook comments?

According to lawyers.com: “Even if a social media site is maintained as an official government tool, it may not be a public forum for purposes of free speech. For instance, government agencies don’t ...
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24 votes
2 answers
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University prohibits professors from testifying

Context: ABC news has published: University of Florida Prohibits Professors from Testifying The University of Florida is a State College (not a private college) and has indicated the University is a &...
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1 answer
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Could Bob get gagged by a court on its own initiative? Is there any support for that in law?

This is a question based on the same fact pattern as set forth in this question: Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing ...
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1 answer
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Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues?

Bob is your average consumer having bought a vehicle that turns out to have been an undisclosed “lemon law buyback” without any branding. Big Co., from the get go, had no intention to be bound by the ...
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1 answer
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Does MCAC v Halleck overturn Turner II?

Manhattan Community Access Corp. v. Halleck, 139 S. Ct. 1921 (2019) held that MCAC was not a state actor and that it can limit all it wants about who accesses their services and who speaks on them. ...
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6 votes
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Does the First Amendment apply to Twitter censoring an account?

It is my understanding that the First Amendment protect free speech from being prosecuted by the government: even then, there are bright lines as to what one may not utter (state secrets for example). ...
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29 votes
4 answers
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Is the new Texas law on social media invalid on first amendment grounds?

I have just seen this video on Youtube: "Republican Texas governor Greg Abbott has signed a law that forbids social media companies from banning people from their platforms based on their ...
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3 votes
1 answer
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Legal response to vaccination misinformation?

With Dominion's defamation suit against Lindell et al, I got to thinking that companies making vaccines should have similar standing to sue prominent disseminators of vaccine misinformation. They can ...
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0 votes
1 answer
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Does Alice have an implied covenant of good faith and fair dealing duty towards appointed counsel, Bob?

Alice is charged under a criminal accusation, and counsel is appointed for Alice under the Sixth Amendment. Alice gives written notice to Bob (the appointed counsel) that Alice will always have at ...
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4 votes
1 answer
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Can "obscenity" be used to forbid a political sign?

According to a New York Times story "She Hates Biden. Some of Her Neighbors Hate the Way She Shows It." a woman in the Borough of Roselle Park, N.J has been ordered to take down a political ...
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2 votes
3 answers
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Does LA's fireworks law include a religious exemption?

So, I was doing an Internet search to determine the legality of bonfires in Los Angeles (for a roleplaying game character I'm planning), when I came across this page stating that owning and setting ...
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1 vote
2 answers
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How did Knight v. Trump become Biden v. Knight?

I've read Justice Thomas's opinion in Biden v. Knight First Amendment..., which seems to reverse Knight v. Trump. I'm trying to understand how this came about. I gather Donald Trump was unhappy ...
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1 answer
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What obligation is there for police to find and arrest false 911 callers?

Oklahoma man held at gunpoint by police, handcuffed after false 911 call Given that 911 calls are recorded and the phone number is logged, I would expect that a motivated detective to quickly ID a ...
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7 votes
3 answers
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Can minors express their political views?

I am a minor and my family continue to tell me "Since you can't vote and a minor, you can't express your political beliefs." I stand more with the Republican Party but I don't agree with ...
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Is it legally permitted to quote from legally restricted materials in US?

Is it legally permitted to quote from legally restricted materials in US? Let’s say, US government banned/censored a site or book X legally. Now if I refer/quote something in my writings, blogs, sites,...
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27 votes
5 answers
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Will Florida Social Media Bill Allow Trump back Online?

Does the Florida Social Media Bill Allow Trump to Be Back on Twitter and Facebook? It prohibits internet companies from banning Politicians on social media. "SB 7072 also bars social media ...
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2 votes
3 answers
125 views

Are unprotected-speech classifications questions of law or questions of fact?

Only a few categories of speech are unprotected by the First Amendment: advocacy intended, and likely, to incite imminent lawless action, see Brandenburg v. Ohio, 395 U.S. 444 (1969); obscenity, see, ...
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1 answer
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How much can I see, of a dissolution of marriage filed in Alameda County, California?

I live far away from California, but want to know more about this divorce. Can I request a copy of all documents in this case online? If so, can I request the documents to be emailed to me? If not, ...
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0 votes
1 answer
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Legal remedies for being banned from a school system

I was banned from a school system for providing behavior interventions to students without the administration's approval. The Board's attorney banned me using a trespassing statute. I never ...
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22 votes
2 answers
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Why does the First Amendment apply to states?

The First Amendment doesn't say "No one can restrict free speech" - it says "Congress shall make no law ... abridging the freedom of speech." You could interpret it as saying, &...
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3 votes
3 answers
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Do students have First Amendment rights at a private university?

Do students have First Amendment rights at a private university, or can the university expel or punish students for saying something it doesn't like? I don't understand why people need examples, but ...
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39 votes
3 answers
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What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

For reference, this recent NPR article contains all of the information that inspired this question. The lawsuits referenced in the above article center on then-President Trump blocking individual ...
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1 vote
1 answer
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Laws regarding behavior while in a polling place waiting line - what is soliciting?

Consider the Georgia Senate Bill SB202 recently passed SB 202 . It includes (Section 33 at pdf page 21, line 1872) No person shall solicit votes in any manner or by any means or method... (This ...
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3 votes
3 answers
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Are there exceptions to the "reasonable person" standard?

In Dominion v. Sidney Powell, the defense has invoked the reasonable person standard. It is my understanding that Powell's First Amendment right is not tested as the plaintiff is Dominion Voting ...
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1 vote
1 answer
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Constitutional grounds for challenging California's AB5 in Federal court?

California's Assembly Bill No 5 came into force on January 1 2020, and has had a profound effect on consultants and other independent contractors since then. It broadly affects two classes of B2B: ...
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-4 votes
1 answer
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Can I pretend to be a child to expose a predator?

Someone I know has been victimized by a predator in their youth. The things they did were awful. This person was young and felt ashamed and confused and deleted all the evidence. They are now trying ...
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4 votes
1 answer
189 views

At what point does "peaceably" in the First Amendment not apply with regard to unlawful assembly?

Background In some U.S. States such as New York, there are laws against unlawful assembly like the law described below: 240.10 Unlawful assembly. A person is guilty of unlawful assembly when he ...
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9 votes
1 answer
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What is the current standard with regards to "fighting words"?

Since Street v. New York, the Supreme Court has significantly narrowed the grounds on which speech can be considered "fighting words" and thus could legally be banned. In Collin v. Smith, ...
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1 vote
2 answers
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Is highly irresponsible but unintentional encouragement of violence a crime in the US?

Inspired by recent events, I looked up the legal definition of incitement in the US. For example, the First Amendment does not protect speech if the speaker intends to incite a violation of the law ...
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4 votes
1 answer
329 views

US case law where riling up someone and then telling them to go to a specific location constituted incitement?

It's probably going to be bit transparent what inspired this question, but assume someone gives a long speech in which he declares that an entity is doing terrible things and then urges everyone ...
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0 votes
1 answer
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Can religious organizations be held accountable for disregarding public health measures?

Court decisions are preventing States from regulating religious gatherings for public health measures. That means that churches can disregard such measures but does not mean they are required to do so....
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21 votes
1 answer
5k views

Does the first amendment protect children forced to receive a religious education?

Many parents "force" their children to receive religious education. Does the children's U.S. First Amendment right to freedom of religion allow them to get the police to stop their parents ...
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4 votes
4 answers
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Can I use the government's seals and logos without its permission?

Is it permissible to use a governmental seal for editorial purposes in a magazine? For example, in a news story about the Bureau of Alcohol, Tobacco and Firearms, could I use ATF's logo to accompany ...
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0 votes
2 answers
136 views

What is the legal basis for Washington State's ban on private indoor gatherings?

Washington State's governor announced indoor gatherings are prohibited. On what legal basis could they be enforced in private settings (such as people in their own homes)?
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2 votes
1 answer
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Michael Jackson trial and the constitutionality of gag orders

In this page, Wikipedia says that in the Michael Jackson 2005 trial (People v. Jackson) the judge: put a gag order on both sides Erwin Chemerinsky says (link, at the time of 1:53:37) that gag orders ...
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2 votes
1 answer
269 views

Concrete example of difference between "clear and present danger" and "imminent lawless action"

I was reading about the U.S. Supreme Court cases Schenck v. United States and Brandenburg v. Ohio, and I came upon two different legal standards for whether a particular act of speech was banned hate ...
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-6 votes
3 answers
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If one was denied job due to remarks on muslims during job interview, can the company be sued for violating freedom of speech?

This question is hypothetical. Say I go to a job interview. During the interview the interviewer says you will be dealing with a lot of middle eastern clients. I said, no problem. I can do this. I ...
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0 votes
2 answers
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Does a free video game distributed on the internet require age verification or restrictions?

If a free, completely non-commercial video game distributed online contains mature content or themes (such as cartoon violence and cartoon nudity, but not pornography), is it legally necessary to ...
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-3 votes
3 answers
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Is texting interoperability between Google and Apple against the First Amendment?

Google and Apple smartphones are incompatible when communicating via text messaging. You can't send more than one picture back and forth. You can't send video. You can't send texts without the text ...
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27 votes
4 answers
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Is wearing ACLU's "Let People Vote Pin" to the polling place considered electioneering?

For context, the region I'm in is Sangamon County, Illinois. I ordered an ACLU pin from their shop. I expect it to arrive before November 3rd and I am excited to wear it at the polling place. I am, ...
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3 votes
1 answer
375 views

What potential lawsuits does the recent Expensify fiasco expose the company to?

As some of you may know just by checking your mailboxes, David Barrett, the CEO of Expensify, recently sent out a political endorsement e-mail to all of Expensify's users (supposedly, 10 million ...
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2 votes
2 answers
315 views

Is it illegal to lie and say you're under an NDA?

Is lying about being under a non-disclosure agreement illegal? Imagine that A manages a bunch of gaming servers online, and B keeps bugging A for information that A does not want to disclose. If A ...
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