83

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 discriminate as much as they please. (There was a question as to whether such discrimination might affect whether the company enjoys a shield from liability ...


76

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 able to determine the legality of the displays in the school and if the subject of the presentation by the speaker is legally problematic, and will know the ...


69

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 private parties act on behalf of the government or take on government roles, like when private universities employ campus police). If the officer was being fired ...


50

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): 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 ...


49

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


48

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 manner, especially if those restrictions are content neutral. Restrictions narrowly tailored to protect against genuine threats public health and safety fall ...


43

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 allowed to take policy positions which are antagonistic to a person or group's cause, even if that group is practicing their rights to express their views ...


36

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 ballot it is not electioneering in Tennessee.


34

In most of the United States, the answer is yes. The First Amendment protects your freedom of speech from government interference, not from private interference. You don't have to be friends with someone who says "war sucks," and you can kick someone out of your house for opposing the invasion of Libya. But corporations enjoy mostly the same First Amendment ...


28

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) unconstitutional on just this ground. In that case anti-war protesters rehearsed and performed a skit in which soldiers shot and killed a character dressed as a member of ...


28

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 some states, especially if the photo was taken within a polling place. Laws banning these so-called "ballot selfies" may be unconstitutional, and have ...


26

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 candidate, party, or proposition," so you're set. Even if you had to resort to dictionary definitions, a court would obviously not accept the first ...


24

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 from the protections afforded by another section of the CDA. The EFF says: ... Even though neither the statute nor court opinions that interpret it mush ...


21

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 state of emergency, ordering numerous other things in the second proclamation, and limiting large events in the most recent proclamation. Until the end of the ...


19

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 abandoned mines or leave them for explorers, that kind of thing. Some of these can get pretty loud. The Forest Service decides to let all the loggers into the ...


16

The 9th Circuit decision actually held that the challenged regulations constitute a prior restraint on speech that offends the First Amendment which is not the same as saying that computer software is speech. A crucial differentiation is that by prohibiting talking about the technology, the regulations imposed a "prepublication licensing scheme that ...


14

No. The Fourteenth Amendment says: nor shall any state deprive any person of life, liberty, or property, without due process of law; The Supreme Court has determined that this clause incorporates much of the Bill of Rights. The logic is mildly tortured, but it's basically that "due process of law" means "due process of a law that is compatible with the ...


14

This is not actually a First Amendment issue; as you correctly state, the First Amendment only limits government actions, not those of private citizens or organizations. However, companies like Twitter currently enjoy some liability protections that are commonly understood to be based on Section 230 of the Communications Decency Act, that require them to ...


14

Illinois law has a bit more to say about "electioneering" in 10 ILCS 5/9-1.14. The core is any broadcast, cable, or satellite communication, including radio, television, or Internet communication which is really about "communication", and certain other factors which are about "electioneering". Such buttons clearly are not &...


13

Private entities are not restricted by the First Amendment. The First Amendment to the U.S. Constitution is: 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 right of the people peaceably to assemble, and to petition the government for ...


13

"Contempt of Congress" does not extend, in a legal sense, to insulting Congress as a whole, one house, a committee chair, or a member. (Congress and its committees have power to require both members and witnesses to abide by its rules of decorum, which forbid such insults, but as far as I know the remedy is merely to remove the disorderly person.) Contempt ...


13

There is a potentially infinite regress of questions regarding the constitutionality of restrictions imposed under these "emergency" circumstances. The basic legal principle is clearly established: laws restricting fundamental rights are subject to strict scrutiny. The specific details of a particular law and surrounding circumstances have yet to be ...


12

Assuming that the documents were either true, or Manning reasonably believed that they were true, there would be no cause of action for defamation. Many of the documents disclosed would have been confidential in some sense, but usually a violation of a confidentiality statute has a criminal sanction associated with it, but does not carry with it a private ...


12

I don't know of any law that prohibits the disclosure of your choices on a ballot. It would certainly be invalidated on First Amendment grounds. There are laws outlawing the disclosure of pictures of your ballot, but there is little remaining debate that these laws violate the First Amendment. New Hampshire's ballot-selfie law was invalidated in 2015, and ...


12

Since the mod welcomes answers from other jurisdictions a short note on the situation in Germany. In 2017, the head of the federal election commission ("Bundeswahlleiter") filed charges against several persons who took selfies of their mail-in ballots in their homes and published them. He referred to §107c of the penal code that forbids to violate ...


11

Everson v. Board of Education applied the establishment clause of the 1st amendment to state law. Applying the Bill of Rights to state law is known as incorporation as in, incorporating the Bill of Rights to the states. It has had some controversy as reflected in U.S. Supreme Court decisions as to how, which and when specific amendments are or were ...


11

Where the President explicitly tells a newspaper that they should reveal their sources. Is this not illegal in the US? It is not illegal. Well, it would be a U.S. Attorney, rather than the President himself. You're thinking of shield laws, but no such law exists at the federal level. Moreover, although some people might think that the First Amendment ("...


11

There's no law against him saying the paper should name the source, nor is there any law against directly asking the paper to name its source. The president was at a campaign rally, and his speech is protected by the same First Amendment that protects the New York Times. At the federal level, the paper could be forced to reveal the source, but it would have ...


11

False statements are generally protected by the First Amendment. If the video was an obvious gag or work of fiction, in which a reasonable person would understand that you were not truly endorsed, your false statement would almost certainly be protected by the First Amendment. But many false statements are not protected, typically because of their negative ...


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