Questions tagged [first-amendment]

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

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18
votes
3answers
6k views

Can U.S. states establish state religions?

The first amendment says: 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 ...
4
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1answer
202 views

Are there restrictions on parental rights to limit a minor's association?

At what age does an individual gain the right to associate freely? For example, could parents bar contact with volunteers from a LBGTQ group to a child if the parents were (by ideal/simplified ...
15
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5answers
6k views

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 ...
23
votes
1answer
2k views

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 ...
6
votes
4answers
3k views

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 ...
6
votes
1answer
3k views

Does the 1st Amendment restrict executive actions?

This question is inspired by this Washington Post piece ("Donald Trump is working his way through the 1st Amendment"). Here's the amendment text, emphasis added: Congress shall make no law ...
5
votes
1answer
253 views

When and how is the advocacy of violence illegal?

Today I saw a t-shirt reading "Kill a liberal, save a taxpayer." Also I have heard that the right to free speech does not extend to the right to shout "fire!" in a public theater. But if I did choose ...
5
votes
3answers
460 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 ...
5
votes
3answers
199 views

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 ...
5
votes
2answers
224 views

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'...
2
votes
1answer
200 views

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 ...