83 votes
Accepted

What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

Trump was an officer of the government, and Twitter wasn't. The First Amendment forbids the government and its agents from viewpoint discrimination, but private companies are not bound by it and can ...
user avatar
78 votes

How do I anonymously report the Establishment Clause being broken?

Contact the local affiliate of the ACLU: Affiliates | American Civil Liberties Union. They have a long history of protecting schools and public institutions from religious influences. They will be ...
user avatar
  • 17.6k
69 votes
Accepted

First amendment and employment: Can a police department terminate an officer for speech?

In general, employers in the United States are free to fire you for your speech. The First Amendment does not apply to anyone except the government (other than a narrow set of circumstances where ...
user avatar
  • 20.8k
62 votes

In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

Almost every European nation has a "hate speech" law that makes the use of offensive bigoted words of phrases illegal. The U.S. does not have any such laws, and the First Amendment makes ...
user avatar
  • 17.1k
56 votes
Accepted

Is it legally permitted to quote from legally restricted materials in US?

Overview Under Near v. Minnesota it is very hard to "legally restrict" any publication in the US. The "Banned books" linked to in the question have, in some cases, been removed ...
user avatar
  • 97.6k
51 votes
Accepted

Does the first amendment protect children forced to receive a religious education?

It's less that the first amendment does not apply to minors and more that the first amendment does not apply to the parents' conduct. The first amendment to the U.S. constitution reads (emphasis added)...
user avatar
  • 702
50 votes

Is the banning of large events in the USA constitutional?

How is banning such events constitutional with the freedom of assembly? The rights created by the First Amendment are not absolute. They are subject to reasonable restrictions as to time, place and ...
user avatar
  • 139k
49 votes

How do I anonymously report the Establishment Clause being broken?

The ACLU is an excellent choice. Let me also recommend the Freedom from Religion Foundation. They handle these outrages on a regular basis.
user avatar
43 votes

How are Trump's actions against NFL protesters not a violation of Constitutional rights?

The comments have already pointed out that the President of the United States is still a citizen, and all of the rights of a citizen are still protected for them. Additionally, the Administration is ...
user avatar
43 votes

University prohibits professors from testifying

It’s important to bear in mind that there is a difference between expert witnesses and witnesses of fact: expert witnesses must consent to testify (with or without payment), witnesses of fact can be ...
user avatar
  • 157k
42 votes
Accepted

Why does the First Amendment apply to states?

The Fourteenth Amendment generally requires the states to recognize the same individual rights that the Bill of Rights requires Congress to recognize. In Gitlow v. New York, 268 U.S. 652 (1925), the ...
user avatar
  • 45.2k
39 votes
Accepted

Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?

The First Amendment controls in the US, so it does not matter if this is Idaho or Berkeley CA. This is clearly an expression of a political viewpoint, which is protected by the First Amendment. Any ...
user avatar
  • 165k
38 votes

In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

The US believes it's exceptional about freedom of speech It isn't; it's just different. For example, a European employer may ban the hijab providing they ban all other visible signs of political, ...
user avatar
  • 157k
36 votes

Is wearing ACLU's "Let People Vote Pin" to the polling place considered electioneering?

A poll worker was fired for making people turn a Black Lives Matter T-shirt inside out before voting. Since it does not advocate for a candidate, a political party or something explicitly on the ...
user avatar
  • 8,050
36 votes

Can minors express their political views?

The First Amendment generally prohibits the government from taking any actions to limit your speech, the same as adults. There are certain exceptions, particularly if you are enrolled in a public ...
user avatar
  • 45.2k
34 votes
Accepted

Is the new Texas law on social media invalid on first amendment grounds?

most likely The government can't compel people to some sort of speech under the 1st amendment. Forcing a company to host people is compelled speech by the company. It is well established that the ...
user avatar
  • 16.2k
34 votes

Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?

Let me paint you a picture. It's April 26, 1968. We're in the corridors of an LA courthouse. Paul Robert Cohen is wearing a leather jacket, upon which he has written in white lettering 3 words. Some ...
user avatar
  • 16.2k
29 votes
Accepted

Will Florida Social Media Bill Allow Trump back Online?

Trump is not a candidate The law regulates certain activities by large social media platforms (defined) and declares certain activities to be an "unfair or deceptive act or practice", which ...
user avatar
  • 165k
28 votes

Is presenting a play showing Military characters in a bad light a crime in the US? Or does the First Admendment prevent this?

Yes, A First Amendment defense would apply. This is no longer a crime. Schacht In Schacht vs. United States, 398 U.S. 58 (1970) the US Supreme Court held the final clause of 10 USC 772(f) ...
user avatar
  • 97.6k
28 votes

Is it illegal for a US voter to disclose their ballot choices?

Short answer: It depends on the state and exactly how you do so. Stating how you voted, by itself, is fine; however, taking a photo of your ballot instead of just saying how you voted is illegal in ...
user avatar
  • 10.1k
27 votes

In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

Insulting opinions can be actionable defamation in the United Kingdom. In Berkoff v Burchill & Anor [1996], for instance, a reporter wrote that an actor in The Frankenstein Chronicles was "...
user avatar
  • 45.2k
26 votes

Is wearing ACLU's "Let People Vote Pin" to the polling place considered electioneering?

You can wear the button. The regulations have already defined "electioneering," so you really need not go any further. Your button isn't "working for, against, or in the interest of a ...
user avatar
  • 45.2k
26 votes
Accepted

Why did the First Amendment not override the Copyright Clause?

The Supreme Court generally treats the Copyright Clause and the First Amendment as complementary, not conflicting: The Copyright Clause and First Amendment were adopted close in time. This proximity ...
user avatar
  • 45.2k
25 votes

What obligation is there for police to find and arrest false 911 callers?

Does said police department have any obligation to ID, investigate and detain / arrest the false caller? No. See Castle Rock v. Gonzales, 545 US 748 (2005). Usually, police do investigate, but that ...
user avatar
  • 139k
24 votes

Why would Twitter not be able to flag / annotate / censor any content it sees fit?

The essence of the order's argument is that in editing user generated content outside of the provisions in one section of the Communications Decency Act (CDA), the platform necessarily excludes itself ...
user avatar
  • 7,425
24 votes

In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

A Norwegian woman, Christina Ellingsen, currently faces up to 3 years in prison for the following statement: “Why [does] FRI teach young people that males can be lesbians? Isn’t that conversion ...
user avatar
  • 404
22 votes

Is the banning of large events in the USA constitutional?

Only time, and a lawsuit, will tell. Events of more that 250 people have been banned in the three largest counties of Western Washington, as authorized by state law. The first proclamation declared a ...
user avatar
  • 165k
21 votes

Is it legally permitted to quote from legally restricted materials in US?

None of those books listed in the link you include are legally banned in the USA at present. They are referred to as banned because they aren't or weren't allowed in schools or libraries, or they have ...
user avatar
19 votes

What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

An analogy. I own a meeting hall. I rent it out to the US Forest Service, who frequently has public hearings on matters of policy e.g. whether to open a sector for logging or recreation, seal up ...
user avatar

Only top scored, non community-wiki answers of a minimum length are eligible