Questions tagged [first-amendment]

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

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23
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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 ...
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3answers
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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 ...
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3answers
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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 ...
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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 ...
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2answers
968 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 ...
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2answers
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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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4answers
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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 ...
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1answer
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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 ...
6
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1answer
330 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 ...
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3answers
405 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
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2answers
219 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'...
5
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195 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
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1answer
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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 ...
5
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1answer
127 views

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 ...
4
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1answer
321 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/...
4
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1answer
156 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 ...
4
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480 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 ...
4
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1answer
187 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 ...
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3answers
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Are there legal implications to lying about your sponsors?

Let's say I release a video where I say "sponsored by Company C" even though they never sponsored me. Are there legal implications to lying about that, or is this action protected by the First ...
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How is the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” constitutional?

H.R.1865, known as the "Allow States and Victims to Fight Online Sex Trafficking Act of 2017", recently passed both chambers of Congress and was signed into law by president trump. I'm not a lawyer, ...
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2answers
555 views

Does the U.S. Constitution's First Ammendment protect false speech?

Does the U.S. Constitution's First Ammendment protect false speech? In other words, does it give a citizen or the press a right to spread falsehoods publicly?
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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 ...
3
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1answer
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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?
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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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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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1answer
664 views

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 ...
3
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1answer
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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 ...
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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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0answers
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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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6answers
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Can you record a public school official with or without their consent?

Some states such as Massachusetts have 2 party consent laws which restrict secret recordings by only one party, therefore, you have to ask public school officials if they consent to being recorded. ...
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425 views

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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1answer
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I'm being hacked, stalked and gossiped about. Do I have a chance at suing for slander, character assasination?

I am a member of a laid back, everyone's equal, religious organization. Several years ago, a new parson was hired. He is a power seeker, a liar, and a narcissist. He aligned himself with a low but ...
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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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1answer
163 views

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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1answer
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US Federal Laws Pertaining to Banned Books

I've been having trouble with my search for federally banned books. Many searches show books which are banned in local libraries or by the state, but not nationally. The only book I could find that ...
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1answer
185 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 ...
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2answers
250 views

What would be considered as a true threat?

What is considered to be as a true threat? Let's say that there is a person who said to someone else "You deserve to die... Watch your back, I'm coming for you." which becomes an issue in court. On ...
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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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3answers
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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
165 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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2answers
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Why'd the 1st Amendment (US Constitution) 'become a weaker shield' if it 'is an all-purpose shield for journalists'?

Original: Dworkin. A Matter of Principle. p. 385 Middle. First Slighted: Legal Writing in Plain English (2nd edn, 2013). p. 85 Middle.   But this strategy of automatic appeal to the First Amendment ...
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1answer
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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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3answers
219 views

Has the First Amendment been held to include the right to film jurors?

When (in what case) has the First Amendment been held to include the right to film jurors in a court room? I also leave open the possibility that there has been no such holding or even an opposite ...
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1answer
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Why do boxing fights need to be sanctioned by state authorities?

Why does boxing (and perhaps MMA) need to be sanctioned by state authorities like the Nevada Athletic Commission or New York State athletic commission? Other sports like baseball require no such ...
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2answers
170 views

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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1answer
988 views

Is furry cub porn considered pedophilia?

So, I was talking with a friend on Discord and they told me that digital drawings of furry cubs that display sexual/fetish content is both pedophilia and zoophilia and punishable by law, but this ...
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2answers
91 views

Is spreading fake news legal, even if it might cause some real physical/mental harm [US]?

This is my question, based on a hypothetical scenario: Let's assume that I start spreading a smear campaign against vaccines (which would be ethically and morally wrong to do) using Facebook, Twitter,...
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1answer
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Do I have any legal recourse against trolls spamming my forum?

I run a forum for supporters of a sports club. I often get supporters from a rival club coming in, creating a user, and spamming my forum, most often after we lose a big game, particularly if against ...
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1answer
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Gawker vs. Hulk Hogan sex tape case and the 1st amendment

I'm a little confused about this case. Doesn't being recorded in your own home, or someone elses for that matter, require consent? Isn't there a reasonable expectation of privacy when you're not in ...
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1answer
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DMCA and First Amendment: When can a commentator be compelled to reveal their method of content acquisition?

Scope This topic is cousin to the latitude afforded journalists to protect their sources. However, this question primarily pertains to enforcement of the DMCA. Definitions “User”: the entity that ...