All Questions
Tagged with freedom-of-speech constitutional-law
20
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-2
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Is the passage of an unconstitutional law "lawless action" for the purpose of First Amendment protection?
Speech intended to incite imminent lawless action is not protected by the First Amendment. Is the passage of an unconstitutional law "lawless action" for this purpose? Suppose someone who is ...
- 17.1k
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2
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381
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Why aren't the laws banning Nazi symbols in Australia unconstitutional?
Recently, in Australia, a number of state governments have passed laws banning the display of Nazi symbols, and in the last few weeks, the federal government has been talking about passing a law about ...
- 1,778
-2
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3
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165
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How can anti-hate-speech laws be inconsistent with the First Amendment when (for instance) libel laws are consistent with it? [closed]
Although the first article of amendment to the Constitution of the United States states that
Congress shall make no law ... abridging the freedom of speech
this proscription is far from absolute, as ...
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20
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9
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Do other countries have free speech protections similar to the First Amendment, and if so, how do those work?
A friend claimed the First Amendment was unnecessary, and mentioned that other countries tended to get along well without it.
I realized I didn't actually know much about how freedom of speech or ...
- 217
1
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2
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242
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What is the name of a U.S. Supreme Court decision holding that government cannot conspire with private companies to censor protected speech?
There was a supreme court decision that said that the government can't conspire with private companies to censor. Can anyone tell me the name of the case?
- 23
2
votes
1
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289
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Is the embargo against Cuba unconstitutional?
The Supreme Court ruled in Citizens United v. FEC that government restrictions on spending for political purposes are prohibited by the First Amendment. Would that make the economic embargo against ...
- 123
6
votes
6
answers
416
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Aren't there first amendment issues with the way the Biden Administration is telling Facebook et. al. to delete "covid misinformation"?
We have recently learned that the Biden administration is flagging Facebook posts for vaccine-related misinformation, with the expectation that FB will delete them. Doesn't this run afoul of the ...
- 3,565
1
vote
1
answer
125
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Is there a constitutional reason why there can be no legislation requiring commercial VPN operators to register veneer IPs?
For the purposes of this question, let's simplify what VPN operators do as "they allow their customers' internet protocol (aka IP) addresses to appear as other (veneer) IPs to the counter-parties ...
- 2,598
39
votes
3
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What is the legal distinction between Twitter banning Trump and Trump blocking individuals?
For reference, this recent NPR article contains all of the information that inspired this question.
The lawsuits referenced in the above article center on then-President Trump blocking individual ...
- 481
-6
votes
3
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458
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If one was denied job due to remarks on muslims during job interview, can the company be sued for violating freedom of speech?
This question is hypothetical. Say I go to a job interview.
During the interview the interviewer says you will be dealing with a lot of middle eastern clients.
I said, no problem. I can do this. I ...
- 1,511
1
vote
2
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296
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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 ...
- 119
3
votes
3
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2k
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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 ...
- 175
3
votes
2
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415
views
What do "constitutional" and "unconstitutional" really mean in the US?
People in the US often talk about how some laws, decisions, ruling, executive orders are "unconstitutional", but what does that word mean?
Does "constitutional" mean "obeying only the Constitution", ...
- 151
3
votes
1
answer
263
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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?
- 989
2
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2
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563
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Is 18 USC §911 (false claim to US citizenship) still considered constitutional?
This statute reads:
Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.
There is ...
- 1,520