Questions tagged [first-amendment]

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

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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 ...
Village'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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40 votes
4 answers
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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 ...
Digital fire's user avatar
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40 votes
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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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39 votes
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What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

For reference, this recent NPR article contains all of the information that inspired this question. The lawsuits referenced in the above article center on then-President Trump blocking individual ...
Geoffrey's user avatar
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36 votes
5 answers
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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 ...
Eric Johnson's user avatar
30 votes
4 answers
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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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27 votes
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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
27 votes
4 answers
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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, ...
Parker Gibson's user avatar
26 votes
5 answers
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Will Florida Social Media Bill Allow Trump back Online?

Does the Florida Social Media Bill Allow Trump to Be Back on Twitter and Facebook? It prohibits internet companies from banning Politicians on social media. "SB 7072 also bars social media ...
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24 votes
6 answers
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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-...
user27343's user avatar
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24 votes
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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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24 votes
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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 uniform, ...
David Siegel's user avatar
23 votes
3 answers
9k 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 ...
Christopher King's user avatar
22 votes
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How are Trump's actions against NFL protesters not a violation of Constitutional rights?

I've been casually following the NFL player protests against injustice in modern America. Often the controversy is centered around players like Colin Kaepernick, whose career seems to be over even ...
jww's user avatar
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22 votes
2 answers
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Why does the First Amendment apply to states?

The First Amendment doesn't say "No one can restrict free speech" - it says "Congress shall make no law ... abridging the freedom of speech." You could interpret it as saying, &...
SegNerd's user avatar
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21 votes
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Is it legally permitted to quote from legally restricted materials in US?

Is it legally permitted to quote from legally restricted materials in US? Let’s say, US government banned/censored a site or book X legally. Now if I refer/quote something in my writings, blogs, sites,...
Sazzad Hissain Khan's user avatar
21 votes
1 answer
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 ...
Smithey's user avatar
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20 votes
9 answers
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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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15 votes
4 answers
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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 ...
BobE's user avatar
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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 ...
gatorback's user avatar
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14 votes
4 answers
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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?
Someone's user avatar
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What obligation is there for police to find and arrest false 911 callers?

Oklahoma man held at gunpoint by police, handcuffed after false 911 call Given that 911 calls are recorded and the phone number is logged, I would expect that a motivated detective to quickly ID a ...
gatorback's user avatar
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11 votes
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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
11 votes
3 answers
3k views

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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10 votes
2 answers
2k views

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, ...
Ryan_L's user avatar
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9 votes
2 answers
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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 ...
NonPartisanObservor's user avatar
9 votes
1 answer
591 views

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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8 votes
4 answers
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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 ...
Dave D's user avatar
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8 votes
1 answer
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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 ...
Colleen A's user avatar
7 votes
3 answers
2k views

Can minors express their political views?

I am a minor and my family continue to tell me "Since you can't vote and a minor, you can't express your political beliefs." I stand more with the Republican Party but I don't agree with ...
CDA's user avatar
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7 votes
2 answers
1k views

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 ...
Captain Giraffe's user avatar
7 votes
1 answer
2k views

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 ...
Paul Johnson's user avatar
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7 votes
2 answers
309 views

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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7 votes
2 answers
973 views

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 ...
Paul Johnson's user avatar
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6 votes
1 answer
1k views

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 ...
user0306's user avatar
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6 votes
2 answers
1k views

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
6 votes
1 answer
4k 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 ...
WBT's user avatar
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6 votes
1 answer
602 views

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 ...
Cicero's user avatar
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5 votes
3 answers
854 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 ...
User37849012643's user avatar
5 votes
2 answers
4k views

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
5 votes
2 answers
2k views

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/...
Cos Callis's user avatar
5 votes
3 answers
827 views

Do students have First Amendment rights at a private university?

Do students have First Amendment rights at a private university, or can the university expel or punish students for saying something it doesn't like? I don't understand why people need examples, but ...
MWB's user avatar
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5 votes
2 answers
271 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'...
BZN_DBer's user avatar
  • 163
5 votes
3 answers
253 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 ...
Burt_Harris's user avatar
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5 votes
1 answer
645 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 ...
rjgage's user avatar
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5 votes
3 answers
342 views

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 ...
Consis's user avatar
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5 votes
1 answer
814 views

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 ...
Travis's user avatar
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5 votes
1 answer
398 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 ...
Atl LED's user avatar
  • 137
5 votes
2 answers
557 views

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, ...
chausies's user avatar
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