Questions tagged [first-amendment]

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

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What are the "fair use" implications of using someone's personal story in a political campaign without their permission?

After the State of the Union address, Senator Katie Britt told a story about a woman's being (sex) "trafficked" in a rebuttal. Let's say that the facts were accurate in isolation, but it had ...
Libra's user avatar
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Are restrictions on candidates appearing on a party primary ballot consistent with the First Amendment?

In Trump v. Anderson, the Supreme Court is taking up the questions of whether Donald Trump can appear on the Republican Party primary ballot. This ballot is administered by the State of Colorado, and ...
Michael Seifert's user avatar
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Constitutionality of restricting a Senator's speech for unruly behaviour or unparliamentary language

I spend a lot of time participating in mock Congress's and U.S. governments and recently a question came up regarding the constitutionality of Senate rules that prohibit a Senator from making ...
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Can a goverment body rent space for a public forum from a group that they believe will ban those they legally can't?

Someone who is a member of the government cannot restrict access to a public forum, due to the First amendment. However, a private company are allowed to do so, and often communications that would ...
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Can one hold a video playback device in public that shows pornography in the U.S.?

Alice stands in a public square holding a television that shows pornographic video content. Is she protected by the first amendment?
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Do messages exchanged between students during a virtual class count as "Off-Campus Speech"?

I am the IT manager of a high school. I setup an online conference system during the height of the pandemic so that classes could be conducted virtually. We still sometimes switch to virtual classes ...
yax30758's user avatar
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Restriction of freedom of expression in the case of sympathy for terrorist organisations

There is a number of organisations which are listed by the US government as terrorist organisations - Wikipedia What are the legal implications of this in relation to the 1st Amendment? If, for ...
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Pride Flags and the First Amendment

The city of Hamtrack, MI prohibits on government property any flags "displaying sexual orientation, as well as other religious, ethnic, racial and political flags". The ban was enacted ...
Test's user avatar
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'Homicide by words' hypothetical - First Amendment and jurisdictional questions

This hypothetical is based on the ongoing prosecution of Mandie Reusch. Mr Y lives in Nevada, and Ms X lives in Wyoming. Ms X also suffers from depression and PTSD. They still speak to each other, and ...
BakedAlaska624's user avatar
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Could the act of emailing publicly available information be deemed illegal?

Andy and Mary are friends. Andy discovers that Mary is secretly working as an escort. Nobody knows about this activity beyond Andy. He tries to convince her that escorting is harmful and will have a ...
martin rodrigo's user avatar
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Is handing out bibles near school property a 1st amendment violation?

Context: There was some random guy handing out pocket bibles on the road path leading out of the school a few weeks ago. I don't think they were on school property, but they were close if that is ...
Some Guy's user avatar
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In California, simply spectating a "sideshow" is illegal (jailtime/fine). Is this constitutional?

In the Bay Area, there is a problem called "sideshows", where youths do dangerous stunts with cars (like donuts) on public streets, usually at an intersection (example video). California, ...
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Does the First Amendment protect foreign government entity?

Does a foreign government agency or its subsidiary, particularly on U.S. territory, have the First Amendment right?
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What does "Oklahoma sheriff says recording of killing talk was illegal" mean in practical terms?

SOURCE: "Oklahoma sheriff says recording of killing talk was illegal": https://abcnews.go.com/US/wireStory/oklahoma-sheriff-recording-killing-talk-illegal-98665814 CONTEXT: An Oklahoma ...
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Would it be legal to hold this sign up outside the White House or another government building?

Would it be legal for me to hold up this sign in front of the White House, the Capitol, or the SCOTUS building? MENE MENE TEKEL UPHARSIN
danny's user avatar
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Can the government force spammers to disclose how they got my e-mail address?

My impression is that a large proportion of unsolicited email marketing (SPAM) originates because the recipient willingly provides their address in the course of a desired interaction with a second-...
retriever123's user avatar
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Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?

In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken (...
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How can anti-hate-speech laws be inconsistent with the First Amendment when (for instance) libel laws are consistent with it? [closed]

Although the first article of amendment to the Constitution of the United States states that Congress shall make no law ... abridging the freedom of speech this proscription is far from absolute, as ...
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Does the First Amendment apply to amateur radio?

Is speech over amateur radio constitutionally protected? Could I theoretically sue the FCC for the right to broadcast music on 20 meters, and have a chance of winning on free speech grounds? If the ...
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Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?

From this article “Afroman Sued by Sheriffs for Allegedly Profiting from Raid on his Home. Afroman is reportedly being sued by a number of Ohio sheriff deputies for allegedly profiting off the raid ...
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Is panhandling protected under the 1st amendment?

Jeff Grey is a 1st amendment auditor. He goes to different PUBLIC locations with a sign that reads "god bless the homeless veterans". He does not ask for money but simply states the same ...
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Effect of Kennedy v Bremerton on political speech

Most media coverage of Kennedy v. Bremerton revolves around religious exercise and whether the school was hostile to it. However, the majority opinion holds that Kennedy's prayer was protected by both ...
Diogenes Creosote's user avatar
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Is it legal to read or distribute the DeCSS Haiku?

TL;DR: Is it legal to download and read the DeCSS Haiku in the US? Is it legal to share it? I now ask about The DeCSS haiku A poem written As an exercise Of the First Amendment right To speak of one's ...
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Post Miller, have there been any obscenity convictions or prohibitions for purely textual material?

If I understand correctly, a U.S. state could in principle criminalize or otherwise prevent publication of a text-only book meeting the three-pronged test for obscenity handed down in Miller v. ...
Mark Foskey's user avatar
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Does Elon Musk have any grounds for legal action against people who track his plane?

Most airplanes, including Elon Musk's private jet, are required by law to broadcast their location throughout a flight in a well-documented, unencrypted digital format called ADS-B. This system is a ...
Someone's user avatar
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Is a US Government order to a private media company to suppress an article/story a violation of the First Amendment?

I'm trying to better understand this comment (and its implications): In a pure hypothetical (so as to avoid any speculation on whether or not it happened), if the US Government were to be found to ...
stevec's user avatar
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Is selling an autographed mugshot of oneself a violation of Indiana's "Son of Sam" (notoriety-for-profit) law?

Let's hypothetically say a person is arrested and booked into a county jail. During the intake process, their mugshot is taken. Let's also say that later on the arrest makes major news, even beyond ...
PreacherCoderTroll's user avatar
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Do US public school students have a First Amendment right to be able to perform sacred music?

I believe that in the US, public schools are allowed to perform music with religious texts, and that this has been upheld by the Supreme Court on the grounds that the music program is teaching music, ...
nuggethead's user avatar
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Giving information to patients about schedule 2 drug stocks at a retail pharmacy in Florida (US)

Context: There is currently a nationwide shortage of Adderall, a schedule 2 drug. One of the pieces of advice for patients is to see about getting the drug in a different formulation, as not all ...
Alan's user avatar
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Does the right of the people peaceably to assemble apply to peaceful members of a group that partially becomes violent?

If John, Alice, and a bunch of other people are peacefully protesting, and then John and some others start acting violently, does the First Amendment give Alice and the others the right to continue ...
Someone's user avatar
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Are there any First Amendment issues around New York State Senate Bill S117A?

The New York State Senate recently passed Senate Bill S117A, which would obligate museums to display placards for any art that might have been stolen by Nazi Germany indicating that fact. Since the ...
Obie 2.0's user avatar
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44 votes
16 answers
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In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

I often heard that the US are somehow exceptional in the freedom of speech that they provide to their citizens via the first amendment. However, I never saw an actual comparison with, say, European ...
don's user avatar
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How can incitement of imminent lawless action not be constitutionally protected?

"advocacy intended, and likely, to incite imminent lawless action, see Brandenburg v. Ohio, 395 U.S. 444 (1969);" But don't the founding documents of the US enshrine the right of the people ...
JosephCorrectEnglishPronouns's user avatar
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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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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 ...
Z. Kelvin's user avatar
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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, ...
Oh Yea's user avatar
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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 ...
gatorback's user avatar
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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 ...
Jagu Land's user avatar
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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 ...
Jagu Land's user avatar
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27 votes
4 answers
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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 ...
Stay-at-home-dad's user avatar
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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 ...
Mithridates the Great's user avatar
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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 ...
Cannabijoy's user avatar
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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 &...
gatorback's user avatar
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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 ...
HJay's user avatar
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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 ...
HJay's user avatar
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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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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). ...
gatorback's user avatar
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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 ...
Pete's user avatar
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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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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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