Questions tagged [first-amendment]

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

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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In the United States, is Freedom of the Press absolute, or are there limits on it?

I've been doing some research into New York Times Co. v. United States recently, and I'm a bit unclear as to what was the outcome of that case. I understand that Near v. Minnesota established that ...
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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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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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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 ...
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Daily Caller, Bob Menendez-possible prosecution of online news provider?

Hypothetically, suppose it were possible to prove that the Daily Caller paid women in the Dominican Republic to make up stories about Senator Menendez patronizing underage prostitutes. Could the Daily ...
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791 views

Failure to obey (Alabama)?

I have a friend who mouthed off to a cop, and was booked for, he says, "Failure to Obey". I'm no lawyer, but have googled about and found the following statute, Alabama Code - Section 32-5A-...
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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/...
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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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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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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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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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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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Publication of information illegally obtained, wikileaks relevancy

In the case Supreme Court case New York Times vs the United States, it was determined by the court that the First Ammendment protects the press even if the information it publishes was illegally ...
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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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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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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'...
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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 ...
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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 ...