Questions tagged [first-amendment]

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

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-4
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1answer
148 views

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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1answer
71 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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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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133 views

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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1answer
257 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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1answer
49 views

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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1answer
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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3answers
106 views

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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2answers
129 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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1answer
60 views

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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1answer
103 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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3answers
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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?

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 have dealt with many Muslims. ...
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2answers
126 views

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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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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4answers
8k views

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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1answer
197 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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2answers
176 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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1answer
52 views

Is publication of classified information enough for a journalist to be compelled to reveal sources?

Based on my research so far, the United States has a rather interesting relationship with the press. Reporter's privilege is well-established in the case law, and every state except Wyoming has shield ...
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1answer
91 views

Is it legal to discuss Roko's basilisk? (click/research at your own risk) [closed]

I'm a citizen of the United States of America. The First Amendment states that we have the freedom of speech, but I have heard there are limits to that. So that got me thinking: is it legal to discuss ...
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2answers
105 views

Given the US Constitution's 1st Amendment freedom of religion, how can current pandemic restrictions on worship be legal?

The 13th amendment ending slavery and involuntary servitude, which has a big "except" for allowing it as a punishment for crimes. The 1st amendment has no exceptions listed though. It also ...
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4answers
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Is it illegal for a US voter to disclose their ballot choices?

This is a follow-on question from Politics SE, wherein several participants claimed that it was illegal for a voter to divulge their own ballot choices. As this is purely a question of law, rather ...
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1answer
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Does the 1st Amendment let the government ban an app?

This article says that President Trump will ban the popular apps WeChat and TikTok. On the other hand the Bernstein case established (at least in the 9th Circuit) that computer software is speech. The ...
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1answer
148 views

Is it possible to be awarded damages in a First Amendment case?

The case is a de facto promotion of religion by a local municipality. A private citizen has placed a religiously promotive flyer on the notices board at the department of a local municipality. The ...
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1answer
164 views

Is saying “I want to kill somebody” publicly illegal?

I was thinking about a hypothetical legal question. Could I, in the United States, legally say I want to kill someone? This is a civilian who is not well known and is not a government official. I am ...
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3answers
416 views

Public display of swastika in the US

The Nazi swastika evokes emotional (fear, anger); is there a “bright line” in which this symbol crosses that public display of said symbol would result in an arrest in the US? Or is the symbol’s ...
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2answers
218 views

Do mask orders in response to Covid-19 violate the First Amendment?

Not a lawyer, but curious about what lawyers would say. My understanding is that the legal definition of speech is broader than the conventional definition of the term and I would think the ability to ...
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80 views

Is US citizenship confirmation required for constitutional protection

I've been watching a lot of 1st Amendment audit videos and I understand that filming in public is guaranteed to any US citizen. I also understand that if no crime is committed, no US citizen cannot be ...
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1answer
59 views

1st admendment autitor

A person came to our location( business) as a first amendment auditor,during protesting up the street. Began filming how to get into our building and how many people inside. Came on property,but ...
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What are the legal protections for someone that downloaded a leaked database in the domain of the USA?

My question is what are the legal protections for downloading a leaked database under the premise of not knowing the database in question is actually a "leaked database" as in you think the database ...
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3answers
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Why would Twitter not be able to flag / annotate / censor any content it sees fit?

https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/ As I understand it, the 1st amendment is to protect 'free speech' from government censorship, not ...
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2answers
68 views

Is it legal to burn a Washington State flag as a form of protest?

The title says it all. I believe even the national flag can be burned as a means of disposing of old, tattered flags. But is it legal to burn Washington State's flag for political reasons - to ...
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3answers
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Are there laws in the USA that prevent news from reporting false information about a situation that could put lives at risk?

There has been quite a bit of misinformation flowing about COVID-19, some of it has even been reported on major news agencies, the one most heard about being Fox and Friends claiming, falsely, that ...
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Constitutionality of more restrictive bans on assembly

Virginia’s governor issued a ‘stay at home order’ that will be enforced by fines, and is in effect until June 10th, unless otherwise revoked. This includes the ban on groups of 10 or more. All public ...
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1answer
99 views

Is the suspicion of unnecessary travel during “shelter in place” statutes sufficient probable cause for a traffic stop?

Many state governments have declared temporary "shelter in place" statutes due to Covid-19 that restrict unnecessary travel by vehicle. I know this will vary by jurisdiction: but generally, is the ...
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5answers
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Is the banning of large events in the USA constitutional?

Recently several US cities banned large gatherings of events such as listed here. Given that the 1st amendment of the US constitution states Congress shall make no law respecting an establishment ...
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3answers
543 views

Does the part of the First Amendment about Free Speech apply to non citizens everywhere?

The question is very simple: does the free speech protection provided by the First Amendment apply to non US citizens and does it apply anywhere, outside US territory, protecting these people as ...
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2answers
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How is it legal for the US miltary to decide to help a film maker based on the script?

According to this article on TV Tropes and this article in The Guardian, the US military will provide facilities to film makers, as well as advice to help them get the details right. However this is ...
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3answers
11k views

How do I anonymously report the Establishment Clause being broken?

My daughter's public school principal has put up Christian symbols and quotes and also invited a public speaker to present during an assembly who told students that God and prayer was the answer to ...
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2answers
127 views

When was the freedom of speech part of the 1st Amendment first applied to the executive and judiciary?

the first Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the ...
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First amendment and employment: Can a police department terminate an officer for speech?

The following article from CNN describes a Michigan police officer being put on administrative leave for having KKK material at his home: https://www.cnn.com/2019/08/10/us/michigan-officer-placed-on-...
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Will a contempt of congress lawsuit actually reach the merits?

Hypothetical Scenario: Kellyanne Conway is subpoenaed by the House Oversight committee for Hatch Act violations. Conway appears but tells the chairman that he is a fraudulent partisan grandstander, a ...
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1answer
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Is presenting a play showing Military characters in a bad light a crime in the US? Or does the First Admendment prevent this?

This is a followup to Is it illegal to wear military surplus clothing? US Law 10 USC 771 provides that only members of the US military may wear: ...the uniform, or a distinctive part of the ...
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3answers
223 views

If you find something indexed on a search engine, is it legal to access and report that to the firm?

I found a US law firm's SQL database indexed on Google exposing email addresses, phone numbers, comments/questions of its clients. Not to mention the user database with even worse information. This is ...
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3answers
530 views

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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2answers
587 views

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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3answers
592 views

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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2answers
224 views

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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1answer
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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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2answers
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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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1answer
170 views

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?