All Questions
Tagged with freedom-of-speech us-constitution
18
questions
0
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2
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86
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Does a misrepresentation have to be fraudulent in order to be unprotected?
To my understanding, there are two types of misrepresentation: negligent misrepresentation (which is not fraud) and intentional misrepresentation (which is fraud).
Is negligent misrepresentation also ...
- 626
-2
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1
answer
75
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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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3
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169
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Are there any limitations on a congressperson's freedom of speech in Congress?
The Speech and Debate Clause of the Constitution protects senators' and representatives' right to freedom of speech when debating in Congress, separately from the First Amendment freedom of speech ...
- 17.1k
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2
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135
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How are suits filed against federal officials under the First Amendment if there is no implied or express right of action?
I construe a right of action to be the ability to sue somebody for injunctive and monetary relief. If there isn't a right of action for the First Amendment like how Bivens provided a right of action ...
1
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1
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286
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Does the First Amendment apply to amateur radio?
Is speech over amateur radio constitutionally protected?
Could I theoretically sue the FCC for the right to broadcast music on 20 meters, and have a chance of winning on free speech grounds?
If the ...
- 17.1k
-1
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228
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How can incitement of imminent lawless action not be constitutionally protected?
"advocacy intended, and likely, to incite imminent lawless action, see Brandenburg v. Ohio, 395 U.S. 444 (1969);"
But don't the founding documents of the US enshrine the right of the people ...
0
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2
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151
views
Is civil disobedience advocacy protected by the "imminent lawless action" test?
It is well known that speech is protected in the US unless it is both intended to cause imminent lawless action and likely to bring about/cause imminent lawless action.
My issue is that by this ...
- 145
2
votes
1
answer
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
1
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2
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443
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Are open letters protected by freedom of speech? Any court precedents?
I would like to know if there is legal precedent protecting the freedom of speech in distributing an open letter or something similar.
A friend owns a unit in a condominium, and since day one she has ...
- 411
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
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415
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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
2
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2
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631
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Is the removal of Jim Acosta's White House press pass a violation of the 1st Amendment?
Jim Acosta of CNN asked President Trump a question. Trump ordered him to put the mike down, and a young intern tried to take it off him. Acosta's press pass was subsequently revoked.
Let's assume the ...
- 13.7k
0
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2
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95
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Can the title/subject of my self-published novella get me sued?
I've written a novella entitled 'Regression Therapy' which I intend to self-publish. It's a black-comedy about a man who undergoes past life regression therapy and, well, it has negative consequences. ...
- 1
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1
answer
402
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Is it legal to show myself holding a fake severed bloodied head of a living person for profit?
Q1:
If I decided to make an image of myself holding a (fake) Kathy Griffin's bloodied severed head and took a full colored newspaper ad with that picture in order to promote myself, would Kathy ...
- 2,598
1
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1
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377
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What first amendment limits apply to law against "parading or demonstrating?"
Desiree A. Fairooz and two "Code Pink" co-conspirators were recently sent to jail and convicted for "parading or demonstrating on Capitol grounds" by dressing to be a visible symbol of dissent at Jeff ...
- 4,878