How To Use First amendment In A Sentence
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After that, Feingold joined a Madison law firm and practiced civil litigation, including First Amendment law.
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For example, according to the First Amendment, Congress shall make no law abridging free speech.
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The questions at issue in the administrative hearing are whether an adult teacher in the course of his classroom behavior (a) willfully or neglectfully injured a child, (b) was insubordinate toward the administration, (c) violated the guidelnes for his behavior in the Fellowship of Christian Athletes, and/or (d) violated the Establishment Clause of the First Amendment in his display of religious items and posters, including multiple instances of the Ten Commandments, in his classroom.
Freshwater: Playing fast and loose with the truth - The Panda's Thumb
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Anita Dung is Obama's Joseph Goebbels. How dare these Marxist traitors dismantle our Constitution, and our First Amendment! ! !
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Is speech that advocates violence at the center of the First Amendment, or at its periphery?
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If any of these three prongs is violated, the government’s action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
Think Progress » Senate Suspended Right to Challenge Detention After A Single Hour of Debate
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Nevertheless, all major networks signed on to the war effort with embarrassingly little resistance, the First Amendment taking second place to their fear of public excoriation by the President.
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Seen this way, the First Amendment is a two-edged sword that prevents government from inhibiting religious expression, but also limits the scope of religious authority to ecclesiastical affairs.
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Mr. Helm plans to assert that the bill violates the First Amendment.
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Eugene, this post demonstrates the very real conflict between the First Amendment and the speech-as-violation jurisprudence that has accreted under Title VII and similar laws.
The Volokh Conspiracy » Anonymous Comments and Modern Tort Law and Antidiscrimination Law
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Just as a person has a First Amendment Constitutional right, incertain circumstances, to be free from exercising freedom of speech, Plaintiffs in this matter have the Constitutional right to be free from entering a private contract or an involuntary association.
The Volokh Conspiracy » Health insurance mandate as a privacy right violation
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The students argued that the dean's action violated their First Amendment rights.
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And it makes it sound to me like he may really put the brakes on some of the first amendment rights the press has enjoyed in the past.
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Such speech is still protected by the First Amendment unless it causes substantial disruption or interferes with the rights of others.
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This is not merely a matter of pressing the First Amendment to a dryly logical extreme.
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Where might symmetry play a useful role in imposing First Amendment constraints on regulations of commercial speech?
Archive 2009-04-01
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If you're a law and econ guy and a tax professor reads your app, she might like it more than the First Amendment guy.
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That said, would a law that, for instance, prohibited anyone – student or non-student – from disrupting the educational mission of a public school be struck down by the current Supreme Court as a violation of the First Amendment?
The Volokh Conspiracy » School Board Violating California Law?
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Adrienne from the Henrico County, Virginia Public Library sez, Every year we participate in National Banned Book Week, a week that celebrates the written word and the free exchange of ideas, as outlined in the First Amendment to our Constitution.
Boing Boing
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The board argued that the dispute was not protected by the First Amendment since it was an internal personnel matter.
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With the impatient imperiousness of an Oxfordshire schoolmarm, O'Donnell's Democratic opponent, Chris Coons, lectured, "The First Amendment, the First Amendment establishes ... that there is a separation of church and state that our courts and our laws must respect.
Dr. Jonathan David Farley: Witch's Brouhaha: Is Christine O'Donnell Right about the First Amendment, Mice and Men?
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Sneering asides about freedom of expression do not sit well with claims to understand what the framers of the American Constitution had in mind given the prominence of the First Amendment.
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It wasn't until four years later that the First Amendment was adopted guaranteeing the free exercise of religion.
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These rules might be quite proper when applied to nonspeech conduct; the First Amendment problem arises when it applies to speech that is “outrageous” or causes “emotional distress” because of the message that it conveys.
The Volokh Conspiracy » My Short Essay on Snyder v. Phelps, Part I: The Wisdom of Hustler v. Falwell
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But media lawyers said there are other possible avenues for mounting a renewed First Amendment attack on the ban.
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But to decry that Williams 'First Amendment rights are being violated is quite simply not the issue.
The First Amendment never protected your job
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Is it a correct reading that according to the opinion, if the words “cruelly wounded or killed in a cruel manner,” were inserted, or if “wounded” and “killed” were both excised from the statute then it would be narrowly tailored and satisfy the first amendment?
The Volokh Conspiracy » Wise Words About Prosecutorial Discretion and Speech Restrictions
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Holocaust deniers intentionally blur the distinction between the First Amendment right to speak freely, without government restraint, and the right to publicity, an audience, and scholarly consideration.
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Things are looking good for the plaintiff, as Judge R.becca R. Pallmeyer concured, stating, "[T] he advertisements the CTA wishes to ban promote expression that has constitutional value and implicates core First Amendment concerns.
Neoseeker News Feed
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Nothing in the First Amendment requires that a jury must consider hypothetical and unascertainable “national standards” when attempting to determine whether certain materials are obscene as a matter of fact. . .
The Volokh Conspiracy » Ninth Circuit Adopts National Standard for Internet Obscenity
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Even leaving aside the things she has tried to back-pedal out of, claiming they were just footnotes or whatever (like saying pregnant women were victims of involuntary servitude), this is a woman who fought before the Supreme Court (unsuccessfully, Deo gratias) to deny religious leaders their First Amendment rights; who has argued forcefully that “gender rights” trump all First Amendment rights, especially religious rights, — even in YOUR OWN MIND.
The Volokh Conspiracy » Dawn Johnsen Withdraws Nomination to be OLC Chief
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Mr. Helm plans to assert that the bill violates the First Amendment.
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I'm still unclear as to how this doesn't violate the First Amendment, as it is clearly a case of Congress making a law that abridges the freedom of speech, and of the press.
When they throw me in prison... (Jack Bog's Blog)
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Therefore he decides that although the First Amendment forbids Congress to abridge political speech, that proscription is somehow superseded by Congress's right to, in Breyer's words, "inhibit" some "speech opportunities" in the name of fine-tuning "a democratic conversation.
Mr. Breyer's 'Modesty'
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After all, the First Amendment aims to protect the outsider, the dissenter, the protester: those without institutional protections.
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Stipulate at the outset — as most folks seem to — that barring extraordinary circumstances (unambiguous libel, incitement to harrassment) Americans have a clear constitutional right to anonymous speech and that, again barring exceptional circumstances, other Americans have an equal First Amendment right to name them if they happen to be privy to that information.
Pseudonymity & Accountability Redux
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But the First Amendment guarantees free speech and assembly, not freedom from government attendance at public meetings.
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That Will succeeds in making the topic compelling is a testament to his skill, but also to the fact that his subject is not the arcana of campaign finance reform, but rather the vital importance of keeping the First Amendment alive.
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Mr. Abrams, of Cahill Gordon & Reindel LLP in New York, said so-called tombstone provisions requiring tobacco packages to show large images reflecting the long-term health risks associated with cigarette smoking violate First Amendment rights because cigarette makers would only be able to promote their products on the bottom half of each side of a package.
Tobacco Giants Challenge Law
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Some people assert, correctly, that to limit First Amendment protections to those activities we like is to eviscerate the Constitution.
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A reasonable observer would no doubt conclude that the First Amendment was not meant to be a platform for ritually re-enacting Paul's colloquy with the Roman magistrate.
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Watkins is wrong about the unconstitutionality of the Federalists' sedition act because he uncritically adopts Madison and Jefferson's 1798 reading of the First Amendment.
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Courts ruled that prayer in school violates a clause of the First Amendment.
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I respect the first amendment, however, I believe you are so completely uneducated; your frail argot outwits your inept acumen.
Bush Redefines Victory-- And We Don't Want It
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The NYPD also agreed to adopt written policies that ensure those lawfully exercising their First Amendment rights can gain access to protest areas, have adequate means of ingress and egress from the areas set aside for the protest, and that police provide adequate warning and an opportunity to disperse prior to using the Mounted Unit for crowd control.
Civil Rights
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The First Amendment is implicated not only when courts issue orders restricting parents' speech, but also when courts make custody or visitation decisions based on such speech.
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This embrace of "newsworthiness," and matters of public, as opposed to private, interest, as criteria on which First Amendment protection should turn, is consistent with a recent, prominent impulse in several threads of the Court's free speech jurisprudence, such as in Dun & Bradstreet and in Bartnicki v.
Balkinization
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Although the Office of Censorship did intercept and read letters and cablegrams and tap phone calls, most Americans accepted the abridgment of their First Amendment rights during the global crisis.
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AP has the right, with the First Amendment, to report like this, and the crazy congressman has the right to confabulate his fantasies about Obama.
GA Republican Rep. Broun and AP Confabulating a-- Folie � deux?
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Content based discrimination against nonobscene speech runs headlong into contemporary first amendment law.
Discourse.net: Michael Masinter's Guide to the Legal Issues in U.Md. Porn Screening Case
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The First Amendment has a penumbra where privacy is protected from governmental intrusion.
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A prosecutor has the obligation to protect the First Amendment, especially if the university has imposed discipline that is inadequate to assure that censorial conduct will be deterred.
Alan Dershowitz: Conviction of the "Irvine Ten" is Constitutionally Sound
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So, while the Twenty-First Amendment insists that booze regulation is a state matter, the Commerce Clause rather insists that a state can't have two sets of regs, one for its own producers, and one for the rest of the country.
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But media lawyers said there are other possible avenues for mounting a renewed First Amendment attack on the ban.
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The courts have developed rules governing the application of the First Amendment to each of these categories.
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The board argued that the dispute was not protected by the First Amendment since it was an internal personnel matter.
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Courts have correctly expanded the umbrella of the First Amendment through the Fourteenth Amendment.
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That, and not, say, full-frontal nudity, was the whole purpose of the First Amendment's guarantee of freedom of the press.
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Such speech is still protected by the First Amendment unless it causes substantial disruption or interferes with the rights of others.
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He thinks the relative silence on God/religion in the Constitution is over-ridden by the Declaration of Independence (because it contains the phrase "inalienable rights endowed by the creator") and he thinks the First Amendment religion clauses apply only to Christians and Jews (and maybe, but probably not, Muslims).
Julie Ingersoll: Gitmo And Hypocrisy: Selectively Living By The Intentions Of The Founders And The Bible
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antiphone, you are entitled to say that, base on the First Amendment, but not on a fair reading of my words.
"He is a transformational figure, he is a new generation coming onto the world stage, onto the American stage" -- Colin Powell endorses Obama.
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The prosecution's use of such evidence to stampede a jury into convicting him of multiple felonies flies in the face of the First Amendment.
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When national security justifications are used to justify the nondisclosure of basic information, First Amendment values can be in danger.
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Such interfacing is likely to have a dramatic impact on the arts – as well as the First Amendment.
Are Holodeck Programs Protected Speech? | Heretical Ideas Magazine
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From common law libel to public obscenity to nude dancing to burning the flag, the Supreme Court has extended legal protection under the aegis of the First Amendment's clause protecting the freedom of speech.
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Madigan viewpoint: As the Court noted, speech in furtherance of a scheme to defraud is not speech protected by the First Amendment.
Ghostbusting and the First Amendment
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The term separation of church and state has been used in interpreting the First Amendment for a long time.
Happy Bill of Rights Day
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If she's just a secretary or a gopher, though, she might have some First Amendment rights.
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A favourable ruling could find that the free exercise clause of the First Amendment trumps any state's law that discriminates against non-public schools.
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In the mongrelized USA, Duke could say whatever he wanted, but here in the cradle of National Socialist romance and idealism, there was no First Amendment.
The Lampshade
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The First Amendment guarantees freedom of expression.
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The networks could fight the politicians on First Amendment principles, arguing that it's insane to suppress newsworthy information.
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The First Amendment guarantees freedom of expression.
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The Second Amendment is as important as the First Amendment.
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Justices Breyer, Souter, and Ginsburg - all strong First Amendment jurists - will almost certainly favor the prompt judicial decision requirement.
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Thus such ceremonials do not violate the First Amendment unless the language used in them is unacceptable.
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State law generally governs libel cases (though federal First Amendment law is also obviously relevant), and libel law varies state by state.
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When national security justifications are used to justify the nondisclosure of basic information, First Amendment values can be in danger.
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The cross has been covered in plywood for the past several years following federal court rulings that it violates the First Amendment prohibition against government endorsement of religion.
Justices appear divided over cross on park land
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While the First Amendment does not feature in the text itself, the parallel is there: Manzano had no rights, no freedoms; even his thoughts were not his own.
The Poet Slave of Cuba: A Biography of Juan Francisco Manzano
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However, candidates - as well as unaffiliated individuals and organizations - have a First Amendment right to spend money on media access for their campaign speech.
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Wilken said voters' First Amendment right to pick the candidate of their choice was hampered.
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When you make up an entirely specious religion in a juvenile attempt to shelter your fashion choices behind the first amendment, what sort of morally bankrupt person are you?
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In a presentation made on the subject of regulating SOBs to the Texas City Attorneys Association meeting in 2006, attorneys William M. McKamie and Bradford E. Bullock of San Antonio pointed out that "generally a city may not use a zoning ordinance to effectively preclude adult businesses from locating within the city" and "[c] ase law has established that nonobscene adult entertainment is a protected First Amendment activity for which local governments must make sites reasonably available.
PegasusNews.com stories
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Dinish - do you call the Ds leaders stopping all their members even talking about social security - effectively silencing them and their first amendment rights rubber stamping?
Sound Politics: Rasmussen 9/6 Poll: Cantwell +17
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Mr. Helm plans to assert that the bill violates the First Amendment.
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But Scalia said that besides the law being unworkably vague, "I am concerned with the First Amendment, which says Congress shall make no law abridging the freedom of speech.
High court weighs Calif. effort to ban sale of violent video games to minors
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According to the federal courts, the First Amendment protects the right of teachers to promote and organize a union.
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The Sedition Act was repealed several years later but never declared in violation of the First Amendment.
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It is a misunderstanding of the First Amendment to suggest that we are prohibited from referring to religion in conversations on public policy; failing to do so impoverishes the debate and is a disservice to our democracy.
Rabbi Eric H. Yoffie: America Needs Religious Politicians
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As such, its first amendment right to say whatever it likes ought to be protected, but not its \ "right\" to call itself \ "news\".
Brad Friedman: Truth in Newsvertising
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However, opponents charge that the new Internet regulations amount to unconstitutional censorship that would criminalize expression protected by the First Amendment.
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In 2003, the Supreme Court, in the McConnell case, ruled this provision "facially" constitutional, meaning that it did not on its face violate the First Amendment or any other constitutional provision.
The Supreme Court Phalanx
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Given the foregoing, we conclude that Section 5 does not violate the First Amendment.
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Thus such ceremonials do not violate the First Amendment unless the language used in them is unacceptable.
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Yet the First Amendment has been construed to include certain of those rights.
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A defendant is free to accept or reject a proffered plea agreement, and an agreement whereby a defendant agrees to waive First Amendment rights as a condition of receiving an alternative sentence is not invalid solely for that reason.
The Volokh Conspiracy » Stringent Constitutional Limits on Anger Management Classes, Anti-Drug/Alcohol-Abuse Classes, or Even Traffic School as Alternatives to Prosecution?
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And, sadly, few First Amendment activists have really seriously confronted the problems with it.
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He is a First Amendment absolutist, which is to say that he follows the Constitution.
Village Voice Drops Nat Hentoff, Bill of Rights Journalist
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In such times, we cling desperately to the life raft of the First Amendment, yet we must also remain aware of its leaks and holes.
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But not before Keith Alexander penned a Saturday Metro-fronter on the decision, which, he notes, "end [s] a dispute that legal observers said was destined to become one of the biggest First Amendment cases in years.
DeMorning DeBonis: Aug. 2, 2010
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Reading the cases for today's First Amendment class, I came across the epigraph for NEA v. Finley in my casebook.
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Politically bloodless liberals would respond that, net-net, government forcings do much social good despite breaking a few eggs, such as the Catholic Church's First Amendment sensibilities.
Transformers
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As this court shows, the Founders demonstrate by their behavior that the First Amendment was not intended to prohibit states from sanctioning ceremonial invocations of God.
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Especially when the defendant is an American citizen and his speech was published primarily within the United States, the entire logic of a First Amendment limit on libel would be eviscerated if plaintiffs could sue in London and then recover damages in the United States.
The Volokh Conspiracy » Nonrecognition of Foreign Libel Judgments
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Reporters say that without their privilege to refuse to disclose even non-confidential information, based on the First Amendment of the U.S. Constitution, they cannot do their job.
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Many people who support the First Amendment in principle want to restrict free speech in certain situations.
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The Church of Jesus Christ of Latter-day Saints argued in numerous court filings that rebaptized members were given a “clean slate” through the exercise of the Mormon faith, and to allow a legal examination of actions prior to rebaptism was a violation of the Free Exercise Clause of the First Amendment.
The Sins of Brother Curtis
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I seriously doubt the utility or accuracy of describing Justices as “liberal” when, in both Citizens United and Heller, those Justices would have, had they been able to gather a majority, seriously eroded the liberties guarantied by the First Amendment (in Citizens United) and the Second Amendment (in Heller).
The Volokh Conspiracy » The Kennedy Court Comes of Age
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Here the first amendment was being given another airing.
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However, opponents charge that the new Internet regulations amount to unconstitutional censorship that would criminalize expression protected by the First Amendment.
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The discussion as to whether the First Amendment could have an extraterritorial reach is quite interesting, although it was only a District Court case.
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Oh, and to disagree with #22 above, “gang activity” is not protected by the First Amendment because (I think) the way that it is defined in statutes is “gathering in furtherance of a crime.”
Matthew Yglesias » Closing the Comparability Gap
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The notices make no mention of the protections of the First Amendment.
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The First Amendment has a penumbra where privacy is protected from governmental intrusion.
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But mindless snark is your First Amendment right and I stand with you against anyone who would take it away, despite laughing at your mindlessness.
Wonk Room » Open Letter To Robert Kagan
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Thus the First Amendment did not apply to this case since the discharge of the teachers was not a state action.
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In fact, the FIRST AMENDMENT does restrain Congress from enactment of ANY law that 'abridges' the exercise of free speech, freedom of the press ... etc
Edwards: I Would Have Voted Against Resolution Condemning MoveOn
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As a free-floating test for First Amendment coverage, that sentence is startling and dangerous.
The Volokh Conspiracy » Elena Kagan as Scholar
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Despite the demurrals of wistful theocrats, separation of church and state is an even better idea today than it was in 1791, when the First Amendment was duly ratified.
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The old, mindless approach is typified by a dean at the University of Florida who invoked the First Amendment and said he didn't want to "prejudge" Muhammad's speech.
On Hate: Censure, Not Censor
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The First Amendment permits, but doesn’t guaranty, robust expression, and you can’t have robustness when there’s a self-denying ordinance at work that protects certain pieties from being questioned.
The Volokh Conspiracy » Street Preacher Arrested in England for Public Statements That Homosexuality is a Sin
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Some people assert, correctly, that to limit First Amendment protections to those activities we like is to eviscerate the Constitution.
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The First Amendment allows civil courts to resolve internal church disputes so long as they can do so without interpreting doctrine or polity.
Christianity Today
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After all, the First Amendment has long recognized the legitimate government interest in preventing and punishing fraud.
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It is the right to engage in unpopular speech -- speech challenging the status quo, which the angry mob or the tyrannical government would be tempted to suppress -- that the First Amendment protects for all of us.
Taylor Asen: How a Gay Man's Harmless Political Expression May Lead to Prison Time
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A "demonstration" is First Amendment-protected activity -- political speech, issue advocacy, and so forth.
Zombies make date to attack Lincoln Memorial, dine on POTUS
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The part that I highlighted is even more explicit than the first amendment in protecting freedom of expression.
The Volokh Conspiracy » Another Call for Governmental Suppression of Speech Offensive to Religious Sensibilities
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The best solution in the wake of both the special election and this obscenity from the supreme court is to pass a constitutional amendment revoking the ridiculous claim of person hood for corporations and there by protections under the first amendment.
Think Progress » Health insurers spent $38 million lobbying Congress in 2009.
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Sara: Is it a correct reading that according to the opinion, if the words “cruelly wounded or killed in a cruel manner,” were inserted, or if “wounded” and “killed” were both excised from the statute then it would be narrowly tailored and satisfy the first amendment?
The Volokh Conspiracy » Wise Words About Prosecutorial Discretion and Speech Restrictions
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Nothing in the First Amendment requires that a jury must consider hypothetical and unascertainable “national standards” when attempting to determine whether certain materials are obscene as a matter of fact.
The Volokh Conspiracy » 2009 » October
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No; large institutions are not, so far as I am aware, subject to the First Amendment; unless we are talking about governmental institutions, in which case their separate enumeration is unnecessary.
A New Weapon Against Freedom and ID: Volksverhetzung
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It was a good day for the First Amendment when the prosecutor decided to apply the law to their censorial conduct.
Alan Dershowitz: Conviction of the "Irvine Ten" is Constitutionally Sound
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Sullivan 1963, the Supreme Court condemned informal censorship effectuated by veiled threats of adverse government action as prohibited by the First Amendment.
Bruce Fein: Mandatory Voluntary Guidelines
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The core of the First Amendment is that the government should not be seen as favoring or disfavoring particular religions or religious doctrine.
Kate Martin: King Hearings Are Inconsistent With First Amendment Values
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The First Amendment, we should recall, would be a cakewalk if people expressed themselves within prescribed boundaries of acceptable speech.
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Given the explicit reference to Congress in the First Amendment, a reference not found in any other article of the Bill of Rights, isn't the First Amendment actually antidisestablishmentarian vis-a-vis a state's powers to establish its own religion?
Planet Atheism
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As the Supreme Court has made clear, leaving aside display to minors, nonobscene sexually explicit speech enjoys full protection under the first amendment.
Discourse.net: Michael Masinter's Guide to the Legal Issues in U.Md. Porn Screening Case
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Either way, the First Amendment stands as an effective backstop to the copyright clause argument.
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Why is there no First Amendment right for religioners?
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imposing a gag order on members of the press violates the First Amendment
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These aspects of military life do not, of course, render entirely nugatory in the military context the guarantees of the First Amendment.
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PLAINTIFF'S ARGUMENT: Mencken argues that by placing a monument with a religious message on state-owned and -managed property, New Hudson establishes religion in violation of the First Amendment.
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But if it takes the judge's advice and includes all calls, the FTC will be slapped down by the Supreme Court for violating the First Amendment rights of politicians and charities.
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Rather than admit their error and commit to their legal and moral duties under the First Amendment, administrators chose to ban all window displays.
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This is not merely a matter of pressing the First Amendment to a dryly logical extreme.
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Further, it is no defense to urge that the religious practices here may be relatively minor encroachments on the First Amendment.
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But the listing raises non-trivial questions about access to information - even propaganda - that the First Amendment would seem to guarantee.
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Is it a correct reading that according to the majority opinion, if the words “cruelly wounded or killed in a cruel manner,” were inserted, or if “wounded” and “killed” were both excised from the statute then it would be narrowly tailored and satisfy the first amendment?
The Volokh Conspiracy » Big First Amendment win in United States v. Stevens
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PLAINTIFF'S ARGUMENT: Mencken argues that by placing a monument with a religious message on state-owned and -managed property, New Hudson establishes religion in violation of the First Amendment.
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The First Amendment does not force parents into buying these games and systems for their children.
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The American controversy over science teaching stems from the interaction of a constitutional peculiarity, namely, the First Amendment, with the seeming absence of metaphysical or theological content in naturalistic theories of evolution.
A New Movie That Will Scare the Pants off the Critics
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First, consider the principle that time, place, and manner restrictions such as zoning generally do not violate the First Amendment.
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Madison, who had a central role in drafting the Constitution and the First Amendment, confirmed that he understood them to “[s] trongly guard [] ... the separation between Religion and Government.”
Five Things You Thought Were in The US Constitution | myFiveBest
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It's not a question to be decided by the Supreme Court and certainly not an issue to be decided in a sidebar on a case about the First Amendment.
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But if speech is equated with money, in constitutional terms, then all kinds of regulations become "constitutionalized" in First Amendment terms.
Monica Youn: A First Amendment Litmus Test?
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Such an interpretation cheapens the meaning of the First Amendment and dispirits Americans from fighting to keep those protections.
Breasts are not bad « BuzzMachine
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Mr. Helm plans to assert that the bill violates the First Amendment.
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Thus the First Amendment did not apply to this case since the discharge of the teachers was not a state action.
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The Supreme Court struck this law down as a violation of the teacher's First Amendment right to teach.
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Unfortunately, these creeps are hiding behind the First Amendment and doing things that in no civilized society should be tolerated.
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(Feb. 1) - Everyone knows from American history class that the First Amendment is the great protector of press freedom in the United States, barring Congress from "abridging" the sacred right to publish what you want to publish.
Adrian Monck
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As it happened, I was working on some material related to cyberspace, pornography, and the First Amendment, and actually did have to access some such sites for work reasons for instance, to confirm examples of misleading domain names such as whitehouse.com, as well as examples of “mousetrapping” sites that made it hard for you to effectively close the window in which they were opened.
The Volokh Conspiracy » License to access pornography:
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But left-wing lawyers will now argue that such speech is a violation of “customary international law” and that the government therefore has a “compelling interest” in banning it that trumps the First Amendment.
The Volokh Conspiracy » Tunku Varadarajan Praises Ayaan Hirsi Ali’s New Book
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All the exceptions to the first amendment hold that the immediate act of producing the speech is a crime, or is subject to criminal or civil penalty: fraud, speech in furtherance of a crime, libel etc.
The Volokh Conspiracy » Big First Amendment win in United States v. Stevens
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Native American petitioners had argued that the project would seriously damage what they held sacred and therefore violate the Free Exercise Clause of the First Amendment.
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There never was a golden age of First Amendment textualism or absolutism in American history, even if you limit the First Amendment to Congressional power.
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Remember when George Bush spit on the First Amendment by making his opponents stand in cages miles from where he was to protest him?
Think Progress » VIDEO: On Anniversary Of Oklahoma City Bombing, Armed Right-Wing Activists Accuse Obama Of Tyranny
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And the general public gets more and more upset about what they perceive as the First Amendment's liberalities.
The High Cost of Living
