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Questions tagged [first-amendment]

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

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Does disordely conduct apply when on private property?

Bob is in his home watching TV when he hears a knock on the door. It is the Police and they would like to speak to Bob. They claim that Bob is suspected of a crime and would like him to open the door (...
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Are private social-media companies violating our Free Speech rights?

There's been a lot of talk about social media companies like Facebook, and their occasional removal of user content. This removal is unilateral and not subject to any sort of judicial review, so it's ...
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Is the 21st century's idea of “freedom of speech” based on precedent?

Reading the first amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the first amendment does not say anything about companies limiting it, or ...
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Can a cop pull you over for flipping them off?

Minard, a police officer in the city of Taylor, Michigan, stopped Cruise-Gulyas in June 2017 for speeding. But he decided to show her leniency and wrote her a ticket for a non-moving violation. As she ...
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What is considered a reasonable time under the Turner v. Driver case?

Turner v. Driver, No. 16-10312 (5th Cir. 2017), is a 2017 decision of the United States Court of Appeals for the Fifth Circuit that established a First Amendment right to record the police. The court ...
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McDaniel Millitia Act

Okay, this is (I hope) proposed tongue-in-cheek, but having lived in Missouri most of my life I suspect it is seriously proposed. Introduced by Representative McDaniel HB1108 would have every MO ...
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Do some U.S. states' constitutions interpret the U.S. Constitution's First Amendment differently?

Do some U.S. states' constitutions interpret the U.S. Constitution's First Amendment differently? If so, what do they say?
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Does the U.S. Constitution's First Ammendment protect false speech?

Does the U.S. Constitution's First Ammendment protect false speech? In other words, does it give a citizen or the press a right to spread falsehoods publicly?
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Gawker vs. Hulk Hogan sex tape case and the 1st amendment

I'm a little confused about this case. Doesn't being recorded in your own home, or someone elses for that matter, require consent? Isn't there a reasonable expectation of privacy when you're not in ...
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What makes laws against wearing masks constitutional?

Related to this question, "Does a statute of limitation apply to Virginia's mask law?"; how does the law in question pass constitutional muster? The law states: It shall be unlawful for any person ...
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In the United States, is Freedom of the Press absolute, or are there limits on it?

I've been doing some research into New York Times Co. v. United States recently, and I'm a bit unclear as to what was the outcome of that case. I understand that Near v. Minnesota established that ...
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Is furry cub porn considered pedophilia?

So, I was talking with a friend on Discord and they told me that digital drawings of furry cubs that display sexual/fetish content is both pedophilia and zoophilia and punishable by law, but this ...
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Suspending White House hard pass & preliminary injunction

Jim Acosta was asked by the Secret Service to surrender a White House hard pass as the result of an altercation in a press event. The White House press secretary explained that it being suspended ...
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Daily Caller, Bob Menendez-possible prosecution of online news provider?

Hypothetically, suppose it were possible to prove that the Daily Caller paid women in the Dominican Republic to make up stories about Senator Menendez patronizing underage prostitutes. Could the Daily ...
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Failure to obey (Alabama)?

I have a friend who mouthed off to a cop, and was booked for, he says, "Failure to Obey". I'm no lawyer, but have googled about and found the following statute, Alabama Code - Section 32-5A-4: ...
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Is “Sabrina” child pornography?

Many years ago I recall hearing (can't exactly remember where/when, but I believe it had to do with a then still very young Brooke Shields) that "Child Pornography" laws applied, even if the actor/...
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US Federal Laws Pertaining to Banned Books

I've been having trouble with my search for federally banned books. Many searches show books which are banned in local libraries or by the state, but not nationally. The only book I could find that ...
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What would be considered as a true threat?

What is considered to be as a true threat? Let's say that there is a person who said to someone else "You deserve to die... Watch your back, I'm coming for you." which becomes an issue in court. On ...
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What is necessary for a newly formed religion to enjoy first amendment protections?

Is it possible to simply declare that you have started a new religion with arbitrary rules, and expect to enjoy all applicable first amendment protections for it? For example, if your religion just ...
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Are there any US laws protecting journalistic sources?

I saw the President explicitly tell a newspaper that it should reveal its sources: But for the sake of our national security, the New York Times should publish his name at once. I think their ...
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Publication of information illegally obtained, wikileaks relevancy

In the case Supreme Court case New York Times vs the United States, it was determined by the court that the First Ammendment protects the press even if the information it publishes was illegally ...
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Can private institutions fire employees without concern for the First Amendment?

The First Amendment doesn’t apply to private institutions. Private employers can fire employees for their speech without having to worry about the First Amendment. What the NFL’s new rules for ...
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Can you record a public school official with or without their consent?

Some states such as Massachusetts have 2 party consent laws which restrict secret recordings by only one party, therefore, you have to ask public school officials if they consent to being recorded. ...
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What legal reason is there to publicize Michael Cohen's client list?

As a lay person I'm a little shocked at the proceedings with the Michael Cohen raid, as it clearly has some issues with attorney client privilege. While it may have bearing on the court case, and I'...
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How is the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” constitutional?

H.R.1865, known as the "Allow States and Victims to Fight Online Sex Trafficking Act of 2017", recently passed both chambers of Congress and was signed into law by president trump. I'm not a lawyer, ...
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Why'd the 1st Amendment (US Constitution) 'become a weaker shield' if it 'is an all-purpose shield for journalists'?

Original: Dworkin. A Matter of Principle. p. 385 Middle. First Slighted: Legal Writing in Plain English (2nd edn, 2013). p. 85 Middle.   But this strategy of automatic appeal to the First Amendment ...
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What does 'a kind of private charter' signify, for the 1st Amendment (US Constitution)?

Original: Dworkin. A Matter of Principle. p. 385 Top. First Sighted: Legal Writing in Plain English (2nd edn, 2013). p. 85 Top.   But there is not much attempt at analysis of the philosophical ...
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Is spreading fake news legal, even if it might cause some real physical/mental harm [US]?

This is my question, based on a hypothetical scenario: Let's assume that I start spreading a smear campaign against vaccines (which would be ethically and morally wrong to do) using Facebook, Twitter,...
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Do I have any legal recourse against trolls spamming my forum?

I run a forum for supporters of a sports club. I often get supporters from a rival club coming in, creating a user, and spamming my forum, most often after we lose a big game, particularly if against ...
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Constitutionality of neighborhood lockdowns and road blocks

Increasingly police in the United States have resorted to "locking down" buildings, blocks and even entire neighborhoods. For example, recently police in Baltimore reacted to a cop getting shot by ...
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DMCA and First Amendment: When can a commentator be compelled to reveal their method of content acquisition?

Scope This topic is cousin to the latitude afforded journalists to protect their sources. However, this question primarily pertains to enforcement of the DMCA. Definitions “User”: the entity that ...
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Juvenile Curfew violating the first amendment?

A friend of mine proposed that a law, imposing a curfew for juveniles on public streets/spaces violates a first amendment right to assemble. What are some arguments against this?
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Has the First Amendment been held to include the right to film jurors?

When (in what case) has the First Amendment been held to include the right to film jurors in a court room? I also leave open the possibility that there has been no such holding or even an opposite ...
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What first amendment limits apply to law against “parading or demonstrating?”

Desiree A. Fairooz and two "Code Pink" co-conspirators were recently sent to jail and convicted for "parading or demonstrating on Capitol grounds" by dressing to be a visible symbol of dissent at Jeff ...
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Have there ever been examples of public school's restriction of community service being unlawful?

My school's community service policy (while ambiguous throughout the whole thing) Seems to me to discriminate against not only religions, but my religion specifically. The particular clause I'm ...
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In the United States (Michgan) is it legal to publish IP Addresses that were trying to hack my web server?

I have a private web server that gets attacked a lot (brute forces, nmap scans). I would like to compile a list of the IP addresses that were trying to hack my server and publish them on my website. ...
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I'm being hacked, stalked and gossiped about. Do I have a chance at suing for slander, character assasination?

I am a member of a laid back, everyone's equal, religious organization. Several years ago, a new parson was hired. He is a power seeker, a liar, and a narcissist. He aligned himself with a low but ...
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Is Trump’s barring of select media outlets from White House press conferences a violation of the First Amendment?

From the New York Times: [...] Sean Spicer, the White House press secretary, barred journalists from The New York Times and several other news organizations from attending his daily briefing, a ...
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Could major news organizations have a case against President Trump for defamation / libel?

President Trump recently printed this: The FAKE NEWS media (failing @nytimes, @NBCNews, @ABC, @CBS, @CNN) is not my enemy, it is the enemy of the American People! and there are a large number of ...
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Why do boxing fights need to be sanctioned by state authorities?

Why does boxing (and perhaps MMA) need to be sanctioned by state authorities like the Nevada Athletic Commission or New York State athletic commission? Other sports like baseball require no such ...
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What is the legality of a business announcing the use of upcoming profits for political advocacy?

I've seen a few businesses, all small, announcing something like "vote against X, and we'll give you Y" or "For the next X days, Y% of profits will be used [in some way] against Z". I'm not asking ...
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Can Chelsea Manning be sued in civil court by anyone named in the documents that were leaked?

Since Chelsea Manning's name is in the news, the following question seems interesting: Manning leaked a large set of documents Some of them could have clearly had a negative effect on specific ...
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Is an act of battery/assault - characterized as an 1st Amendment opinion - itself protected speech?

A friend on Facebook posted an article proposing that burning an American flag be made an act of treason in the United States. I pointed out that in Texas v. Johnson the Supreme Court ruled that ...
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When is it OK for law enforcement/intelligence-gathering agents to go undercover as journalists?

Previously, I had thought there might have been prohibitions against spies and law enforcement officers from going undercover as journalists, e.g. because this puts real journalists in greater danger ...
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Is it illegal to recommend to commit a crime, and to give specific instructions how to commit a crime?

I came across the rap music clip that recommends to burglarize the neighbor. It goes approximately like this: "Find the neighbor of race X, because they usually aren't too careful and more trusting. ...
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Does reciting of Pledge of Allegiance in public schools voilate the 1st Amendment?

The Pledge of Allegiance is commonly recited in public (and most private) schools in the USA. Does the current practice of reciting the Pledge of Allegiance in public schools violate the 1st ...
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How can libel laws be consistent with the 1st Amendment?

The 1st Amendment states Congress shall make no law ... abridging the freedom of speech, or of the press So how can libel law be constitutional?
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Has being a clergyman or bona fide religious person been a defense to the charge of “practicing law”?

I'm wondering because here's what I am thinking. Religion is inextricably connected to whether something seems like the "right thing to do." Often, people struggle with what the "right thing to do" ...
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What does “being responsible for the abuse of that right” mean, and is this different from the first amendment?

The Declaration of the Rights of Man and Citizen States: "The free communication of thoughts and opinions is one of man’s most precious rights. Every citizen may therefore speak, write and publish ...
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When do speakers need a license to speak?

I was reading this article. It's fairly long, but one sentence states that "generally, speakers need not obtain a license to speak". You can do control-F to find the location in the article. Here ...