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 ...
- 29k
80
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 ...
- 18.8k
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 ...
- 23.6k
63
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 ...
- 22.8k
59
votes
Accepted
Do the Ohio sheriffs suing Afroman have any legal standing in their claim of "invasion of privacy and misappropriation of their likenesses" lawsuit?
The deputies have standing, but they're probably going to lose.
"Standing" is just a legal principle that limits the legal process to people who have suffered certain types of injuries. Jen'...
- 57.2k
55
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 ...
- 113k
52
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)...
- 722
50
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.
- 1,422
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 ...
- 195k
44
votes
Will Florida Social Media Bill Allow Trump back Online?
There are two reasons why this will probably not work.
First, the law is likely to be considered unconstitutional. Forcing a private entity to host views that they do not want to violates their first ...
- 4,694
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 ...
- 4,821
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 ...
- 198k
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 ...
- 57.2k
40
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 ...
- 210k
39
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 ...
- 33.4k
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, ...
- 198k
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 ...
- 12.1k
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 ...
- 57.2k
35
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 ...
- 33.4k
30
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) ...
- 113k
30
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 ...
- 210k
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 ...
- 10.2k
27
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 ...
- 57.2k
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 ...
- 57.2k
26
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 "...
- 57.2k
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 ...
- 195k
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 ...
- 14.7k
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 ...
- 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 ...
- 210k
22
votes
Accepted
Does Elon Musk have any grounds for legal action against people who track his plane?
Specifically, the threatened action is about stalking and implicit threats to his family. I'm not suggesting that there is a lot of merit to the claim, but that is how he is presenting the argument. ...
- 210k
Only top scored, non community-wiki answers of a minimum length are eligible