Questions tagged [first-amendment]

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

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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 ...
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Has the “right to assemble” (US 1st Amendment) ever been shown to apply to just two persons?

Has the "right to assemble" (US 1st Amendment) ever been shown to apply to just two persons? I was just wondering if it had ever been applied to as few as two persons. (Or even one person in fact.) ...
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Is mere dancing in public prohibited in D.C.?

Is mere dancing in public prohibited in D.C.? I.e. is there any statute or by-law that makes dancing in public per se illegal in D.C.? If not, why were these people arrested at the Jefferson ...
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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 ...
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Public Schools and Religion

So today at school (I go to a public high school in Texas) a substitute teacher told a kid to stop saying Jesus Christ. I was wondering if the teacher has the authority to do this? It was clearly for ...
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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 ...
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First Amendment - U.S. Constitution

I understand that the first amendment enshrines freedom of speech. However, can the location where someone speaks pose a limit to this? Is it different between public and private property?
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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 ...
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223 views

First amendment law and Facebook posts, posted by non-Americans

Since I have researched the topic quite a bit, but failed to find satisfying answer that I was looking for, I will ask it here. I think my question opens at least, very interesting debate. In 2014 ...
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To what extent can a public college regulate the speech of its students?

My community college's "Student Rights" webpage states that the College District will not tolerate any discriminatory behavior on the part of its students. Now, I'm not advocating discrimination, but ...
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Do laws against libel and slander [malice] also apply to incomplete information?

I understand that if somebody posts false information about an individual and if it can be proved that individual had intent to cause malice against the other individual, then that can be brought to ...
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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 ...