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The Bill of Rights in the National Archives.
.The First Amendment to the United States Constitution is part of the Bill of Rights.^ However, the reality check is that both the "Free Press" and the "Free People" have routinely been subjected to controls, caveats, and mitigation, which frankly should be prohibited by the First Amendment to the Constitution.
  • Hobbled First Amendment 13 January 2010 8:16 UTC www.wnd.com [Source type: Original source]

^ The First Amendment to the United States Constitution states that: 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 people peaceably to assemble, and to petition the Government for a redress of grievances.
  • Research Guide to the First Amendment 13 January 2010 8:16 UTC www.nesl.edu [Source type: Original source]

^ It's a First Amendment Right .
  • It’s Constitution Day; lets educate our youth about the First Amendment | Photography is Not a Crime 13 January 2010 8:16 UTC carlosmiller.com [Source type: General]

.The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.^ The First Amendment to the United States Constitution states that: 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 people peaceably to assemble, and to petition the Government for a redress of grievances.
  • Research Guide to the First Amendment 13 January 2010 8:16 UTC www.nesl.edu [Source type: Original source]

^ "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."

^ Mara Jentoft January, 2004 The First Amendment 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 a redress of grievances.
  • first-amendment 13 January 2010 8:16 UTC www.pjentoft.com [Source type: Original source]

.Originally, the First Amendment only applied to the Congress.^ Does the First Amendment apply to spam?
  • Does the First Amendment apply to spam? 13 January 2010 8:16 UTC www.utdallas.edu [Source type: Original source]

^ The First Amendment applies only when Congress passes a law abridging speech.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ The amendment applies only to federal courts.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

.However, in the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.^ This was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment.

^ First Amendment  - Overview and commentary of each clause of this amendment.
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

^ City of Chicago, is whether the amendment also applies to state and local governments.
  • U.S. Supreme Court 2009-2010 Term - The New York Times 13 January 2010 8:16 UTC www.nytimes.com [Source type: Original source]

Contents

Text

.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 a redress of grievances.^ The First Amendment to the United States Constitution states that: 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 people peaceably to assemble, and to petition the Government for a redress of grievances.
  • Research Guide to the First Amendment 13 January 2010 8:16 UTC www.nesl.edu [Source type: Original source]

^ "Congress shall make no law ...
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."

Background

.Opposition to the ratification of the Constitution was partly based on the Constitution's lack of adequate guarantees for civil liberties.^ Mar 16, 2009: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  • H. J. Res. 28: Proposing an amendment to the Constitution of the United States regarding the right to vote (GovTrack.us) 13 January 2010 8:16 UTC www.govtrack.us [Source type: FILTERED WITH BAYES]

^ Oop Atheism and Religious Discrimination: Atheists Excluded from Civil Rights Protections Because atheism is described as a lack of religion, it does not fall under the rights guaranteed by the Constitution.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ Davie explains why the new Constitution is necessary and why it is not a threat to liberty and argues for ratification.
  • The Constitution of the United States: Amendments 11-27 13 January 2010 8:16 UTC www.learnnc.org [Source type: Original source]

To provide such guarantees, the First Amendment, along with the rest of the Bill of Rights, was submitted to the states for ratification on September 25, 1789 and adopted on December 15, 1791.

Establishment of religion

.The Establishment Clause of the First Amendment prohibits the establishment of a national religion by the Congress or the preference of one religion over another, non-religion over religion, or religion over non-religion.^ To violate the Establishment clause, "Congress .
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ The First Amendment has the broader phrase 'respecting the establishment of religion' in place of 'establishing religion'.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ First Amendment  - Overview and commentary of each clause of this amendment.
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

.Originally, the First Amendment only applied to the federal government.^ Originally, the amendments restricted only the Federal government.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

^ The amendment applies only to federal courts.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

^ This act only applies to federal crimes.
  • USG response to OHCHR regarding the Defamation of Religions resolution – Tab2 » United States Mission Geneva 13 January 2010 8:16 UTC geneva.usmission.gov [Source type: Original source]

.Subsequently, under the incorporation doctrine, certain selected provisions were applied to states.^ In a number of decisions, it was held that the provisions of the First Amendment were made applicable to the states by the substantive aspect of the due-process clause, in the so-called incorporation...
  • the first amendment - Books, journals, articles @ The Questia Online Library 13 January 2010 8:16 UTC www.questia.com [Source type: Academic]

^ The views of the opponents of subjecting States to suit ''were most sensible and just'' and those views ''apply equally to the present case as to that then under discussion.

^ Georgia was brought under this jurisdictional provision to recover under a contract for supplies executed with the State during the Revolution.

.However, it was not until the middle and later years of the twentieth century that the Supreme Court began to interpret the Establishment and Free Exercise Clauses in such a manner as to restrict the promotion of religion by state governments.^ However, free speech issues did not reach the Supreme Court until 1919.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ The free exercise clause of the First Amendment: .
  • Introduction to the principle of separation of church and state 13 January 2010 8:16 UTC www.religioustolerance.org [Source type: Original source]

^ Section 1 establishes the Supreme Court, the highest court in the United States .
  • Constitutionx 13 January 2010 8:16 UTC www.auburn.edu [Source type: Original source]

For example, in the Board of Education of Kiryas Joel Village School District v. Grumet, 512 U.S. 687 (1994), Justice David Souter, writing for the majority, concluded that "government should not prefer one religion to another, or religion to irreligion."
.In 2007, the United States Court of Appeals for the Ninth Circuit, in Inouye v Kemna, ruled that a parolee can not be forced to attend Alcoholics Anonymous meetings as a part of his parole when there is a conflict between the religious belief of the parolee and that of Alcoholics Anonymous.^ Was there a difference of trading between the states?
  • 82.03.03: The United States Constitution 13 January 2010 8:16 UTC www.cis.yale.edu [Source type: Original source]

^ This is not to say that the United States was not or is not a religious nation.
  • Notes on the U.S. Constitution - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]
  • Notes on the U.S. Constitution - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

[1]

Free exercise of religion

In Sherbert v. .Verner, 374 U.S. 398 (1963), the Warren Court applied the strict scrutiny standard of review to this clause, holding that a state must demonstrate a compelling interest in restricting religious activities.^ In an action attacking the validity of the regulations as applied to ban nude dancing in bars, the Court considered at some length the material adduced at the public hearings which resulted in the rules demonstrating the anti-social consequences of the activities in the bars.
  • FindLaw: U.S. Constitution: Twenty-first Amendment 13 January 2010 8:16 UTC caselaw.findlaw.com [Source type: Original source]

^ But recent work of legal historians, including my own, has shown that the religion clause’s real purpose was likely to protect the state establishments of religion that still existed in 1791 in Connecticut, Massachusetts, and Virginia, and probably also the religious restrictions for voting or for holding public office that 11 states had on the books at the time.
  • Reading the Constitution Right by Stephen B. Presser, City Journal Spring 2007 13 January 2010 8:16 UTC www.city-journal.org [Source type: FILTERED WITH BAYES]

^ Neither the United States nor any state shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.
  • Do we need a Constitutional Amendment to protect the right of parents 13 January 2010 8:16 UTC www.nheld.com [Source type: Original source]

In Employment Division v. .Smith, 494 U.S. 872 (1990), the Supreme Court retreated from this standard, permitting governmental actions that were neutral regarding religion.^ Smith, 494 US 872 (1990).
  • Research Guide to the First Amendment 13 January 2010 8:16 UTC www.nesl.edu [Source type: Original source]

^ It was declared unconstitutional by the US Supreme Court in 1997-JUN. As the former Supreme Court Justice Hugo Black said: "'No law' [regarding the establishment of religion] means 'NO LAW.'" The wall of separation was again restored.
  • Introduction to the principle of separation of church and state 13 January 2010 8:16 UTC www.religioustolerance.org [Source type: Original source]

^ US 323 (1974) , the Supreme Court said that individual states may define for themselves the appropriate standard of liability in such a case.
  • Research Guide to the First Amendment 13 January 2010 8:16 UTC www.nesl.edu [Source type: Original source]

The Congress attempted to restore this standard by passing the Religious Freedom Restoration Act, but in City of Boerne v. .Flores, 521 U.S. 507 (1997), the Supreme Court held that such an attempt was unconstitutional regarding state and local government actions (though permissible regarding federal actions).^ The one that states the Federal Government is the Supreme law of the land.
  • The Constitution Will Never Enforce Itself 13 January 2010 8:16 UTC www.militaryphotos.net [Source type: Original source]

^ Since then the Supreme Court has held that any form of government-sanctioned racial segregation is unconstitutional.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

Freedom of speech

Sedition

.The Supreme Court never ruled on the constitutionality of any federal law regarding the Free Speech Clause until the 20th century.^ However, free speech issues did not reach the Supreme Court until 1919.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ The Supreme Court has never ruled on whether a court’s interpretation of state law can amount to a taking.
  • U.S. Supreme Court 2009-2010 Term - The New York Times 13 January 2010 8:16 UTC www.nytimes.com [Source type: Original source]

^ The Supreme Court’s free speech precedent is illustrative.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

.The Supreme Court never ruled on the Alien and Sedition Acts of 1798, whose speech provisions expired in 1801.[2] The leading critics of the law, Thomas Jefferson and James Madison, argued for the Acts' unconstitutionality based on the First Amendment, among other Constitutional provisions (e.g.^ This was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment.

^ First, we hardly have too few constitutional amendments.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

^ Thomas Jefferson did not sign the Constitution.
  • Constitution Day Materials, US Constitution, Pocket Constitution Book, Declaration of Independence, Bill of Rights 13 January 2010 8:16 UTC www.constitutionfacts.com [Source type: Original source]

Tenth Amendment).[3] In New York Times Co. v. Sullivan, 376 U.S. 254 (1964), the Supreme Court said, "[a]lthough the Sedition Act was never tested in this Court, the attack upon its validity has carried the day in the court of history."[4]
.After World War I, several cases involving laws limiting speech came before the Supreme Court.^ The issue actually came before the Court.
  • The First Amendment vs. Federal Copyright Law 13 January 2010 8:16 UTC www.krusch.com [Source type: Original source]

^ This case was heard and ultimately won before the Supreme Court.
  • The Constitution Will Never Enforce Itself 13 January 2010 8:16 UTC www.militaryphotos.net [Source type: Original source]

^ All sorts of cases came to the Supreme Court based on this.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

The Espionage Act of 1917 imposed a maximum sentence of twenty years for anyone who caused or attempted to cause "insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces of the United States." Under the Act, there were over two thousand prosecutions. .For instance, one filmmaker was sentenced[citation needed] to ten years imprisonment because his portrayal of British soldiers in a movie about the American Revolution impugned the good faith of an American ally, the United Kingdom.^ In Virginia, anyone who "by speaking or writing maintains that owners have no right of property in slaves" was subject to a one-year prison sentence.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ "[I]t is a prized American privilege to speak one's mind, although not always with perfect good taste, on all public institutions," Bridges v.
  • Speech: First Amendment - Internet Law Treatise 13 January 2010 8:16 UTC ilt.eff.org [Source type: FILTERED WITH BAYES]

^ During the American Revolution a large number of British loyalists known as Tories had fled the country, settling mostly in eastern Canada.
  • United States Government - The Constitution 13 January 2010 8:16 UTC countrystudies.us [Source type: Original source]

.The Sedition Act of 1918 went even further, criminalizing "disloyal," "scurrilous" or "abusive" language against the government.^ Our epic is unfolding against a background of warfare between the Constitution and unconstitutional acts of Government that violate the tax, war, money and privacy clauses of the Constitution.

^ Sedition : Although not without controversy, the U.S. Supreme Court has upheld statutes which prohibit the advocacy of unlawful conduct against the government or the violent overthrow of the government.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ Among them was the case of Jacob Adams, convicted under the Sedition Act of 1918 for distributing leaflets that criticized the American military.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

In Schenck v. .United States, 249 U.S. 47 (1919), the Supreme Court was first requested to strike down a law violating the Free Speech Clause.^ Pornography Law and legislation United States .
  • First Amendment 13 January 2010 8:16 UTC www.cerritos.edu [Source type: Academic]

^ What was the first constitution of the United States?
  • The U.S. Constitution FAQ - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ This part of the Constitution says that the supreme law of the United States has three parts.

.The case involved Charles Schenck, who had, during the war, published leaflets challenging the conscription system then in effect.^ U.S.' Charles T. Schenck, a member of the Socialist Party, had been convicted of violating the Espionage Act for mailing anti-war leaflets to draft-age men during World War I. The Supreme Court unanimously upheld his conviction.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ And in subsequent years, the Court upheld the government's national security claims in several cases involving former CIA agents who had written their memoirs.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ One example was the journalist Henry Hotze, who is described as one of the most able agents who went abroad during the Civil War.
  • Southern Messenger � Constitution of the United States of America 13 January 2010 8:16 UTC www.southernmessenger.org [Source type: Original source]

.The Supreme Court unanimously upheld Schenck's conviction for violating the Espionage Act.^ The Supreme Court subsequently upheld the constitutionality of this Act.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ It contains the documents that led up to the U.S. Supreme Court's 1997 ruling, which overturned certain provisions of the Act.
  • Legal Research Guide - First Amendment Law 13 January 2010 8:16 UTC www.virtualchase.com [Source type: FILTERED WITH BAYES]

^ Acts of Congress in conflict with them may be voided by the U.S. Supreme Court when the question of the constitutionality of such acts arises in litigation.
  • Bill of Rights (United States Constitution) -- Britannica Online Encyclopedia 13 January 2010 8:16 UTC www.britannica.com [Source type: FILTERED WITH BAYES]

Justice Oliver Wendell Holmes, Jr., writing for the Court, suggested that "the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
The "clear and present danger" test of Schenck was extended in Debs v. .United States, 249 U.S. 211 (1919), again by Justice Oliver Wendell Holmes.^ Schenck v United States was a landmark case which came about when a man named Schenck sent out anti-conscription mailings during the World War I. Justice Oliver Wendell Holmes wrote the opinion for the court, which said that if a person's speech represented a 'clear and present danger' to the country then the individual would be liable for it.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ When the Presidentofthe United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
  • The Constitution of the United States 13 January 2010 8:16 UTC www.freedomshrine.com [Source type: Original source]

^ We the People of the United States, in Order to form a more perfect Union, establish Justice, insure...
  • The Constitution of the United States: Amendments 11-27 13 January 2010 8:16 UTC www.learnnc.org [Source type: Original source]

The case involved a speech made by Eugene V. Debs, a political activist. .Debs had not spoken any words that posed a "clear and present danger" to the conscription system, but a speech in which he denounced militarism was nevertheless found to be sufficient grounds for his conviction.^ The First Amendment literally forbids the abridgment only of “speech,” but we have long recognized that its protection does not end at the spoken or written word .
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ To use the words of Lincoln: "government of the people, by the people and for the people" is the clear intent of our Founding Fathers and the system they codified.
  • Congress -- the new God? - In The News - Comcast.net Community 13 January 2010 8:16 UTC community.comcast.net [Source type: Original source]

^ However, even though the Supreme Court upheld Abrams' conviction, the decision in his case was a watershed: Justices Oliver Wendell Holmes and Louis D. Brandeis dissented, stating that speech could not be punished unless it presented "a clear and present danger" of imminent harm.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

Justice Holmes suggested that the speech had a "natural tendency" to obstruct the draft.
.Thus, the Supreme Court effectively shaped the First Amendment in such a manner as to allow a multitude of restrictions on speech.^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ The Bill of Rights The First Amendment guarantees the freedom of worship, of speech, of the press, of assembly, and of petition to the government for redress of grievances.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 13 January 2010 8:16 UTC www.encyclopedia.com [Source type: Original source]

^ Sullivan (1964), Supreme Court Justice Hugo Black observed that Tucker set forth "the general view held when the First Amendment was adopted and ever since."
  • NRA-ILA :: Our 2nd Amendment: The Original Perspective 13 January 2010 8:16 UTC www.nraila.org [Source type: Original source]

Further restrictions on speech were accepted by the Supreme Court when it decided Gitlow v. New York, 268 U.S. 652 (1925). Writing for the majority, Justice Edward Sanford suggested that states could punish words that "by their very nature, involve danger to the public peace and to the security of the state." Lawmakers were given the freedom to decide which speech would constitute a danger.
.Freedom of speech was influenced by anti-communism during the Cold War.^ Freedom of speech, including symbolic speech, is one of the inalienable rights that our Declaration of Independence proclaimed significant enough to go to war.
  • freedomforum.org: Why the Senate should reject the flag desecration amendment to the United States Constitution 13 January 2010 8:16 UTC www.freedomforum.org [Source type: Original source]

^ Illinois and there was an incident where a bunch of protesters who were anti-Obama were arrested b/c they were expressing their freedom of speech.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 13 January 2010 8:16 UTC pajamasmedia.com [Source type: Original source]

^ We are not anti anyone but freedom of speech is freedom of speech and no one should condemn the work of another without taking the time to research the subject themselves.
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 13 January 2010 8:16 UTC loveforlife.com.au [Source type: Original source]

In 1940, the Congress enacted the Smith Act, which made it illegal to advocate "the propriety of overthrowing or destroying any government in the United States by force and violence." The law was commonly used as a weapon against Communist leaders. The constitutionality of the Act was questioned in Dennis v. .United States 341 U.S. 494 (1951).^ Amendment XXII of the United States Constitution was passed by the U.S. Congress on March 24, 1947 and was ratified on February 27, 1951.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 13 January 2010 8:16 UTC en.wikibooks.org [Source type: Original source]

.The Court upheld the law in 1951 by a 6-2 vote (Justice Tom C. Clark did not participate because he had ordered the prosecutions when he was Attorney General).^ To date, this law has been upheld in the courts.
  • USG response to OHCHR regarding the Defamation of Religions resolution – Tab2 » United States Mission Geneva 13 January 2010 8:16 UTC geneva.usmission.gov [Source type: Original source]

^ They also continue to pay the “Appointed (as in he works for them) Prosecuting Attorney who refuses to follow-thru with criminal charges as requested in writing (Conflict of Interest issues) because he says he doesn’t agree with Honorable Judge Elgee’s COURT ORDER (he actually put this in writing) issued against Camas County.
  • Sun Valley Idaho Blog; SunValleyOnline.com » Blog Archive » Camas County Board of Commissioners Say NO to 2nd Amendment of the United States Constitution 13 January 2010 8:16 UTC blog.sunvalleyonline.com [Source type: General]

^ In dissent, Justices Souter and Ginsburg didn't buy the government’s argument that fake or “virtual porn,” which is generated by computer, will undermine prosecutions for actual child pornography.
  • Child Porn and the 1st Amendment - Legalities 11 September 2009 21:34 UTC blogs.abcnews.com [Source type: Original source]

.Chief Justice Fred M. Vinson relied on Oliver Wendell Holmes' "clear and present danger" test when he wrote for the majority.^ Schenck v United States was a landmark case which came about when a man named Schenck sent out anti-conscription mailings during the World War I. Justice Oliver Wendell Holmes wrote the opinion for the court, which said that if a person's speech represented a 'clear and present danger' to the country then the individual would be liable for it.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ However, even though the Supreme Court upheld Abrams' conviction, the decision in his case was a watershed: Justices Oliver Wendell Holmes and Louis D. Brandeis dissented, stating that speech could not be punished unless it presented "a clear and present danger" of imminent harm.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ When the Presidentofthe United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
  • The Constitution of the United States 13 January 2010 8:16 UTC www.freedomshrine.com [Source type: Original source]

.Vinson suggested that the doctrine did not require the government to "wait until the putsch is about to be executed, the plans have been laid and the signal is awaited", thereby broadly defining the words "clear and present danger."^ In 1917, the Trading with the Enemy Act was passed and which defined, regulated, and punished trading with enemies, who were then required by that act to be licensed by the government to do business.
  • Constitution for the united States of America was lost - Talkgold HYIP, Investment & Money Forum 13 January 2010 8:16 UTC www.talkgold.com [Source type: Original source]

^ The federal government did not become involved in campaign finance until this century.
  • Campaign Finance Reform Propsals and the First Amendment (Testimony) 13 January 2010 8:16 UTC www.cato.org [Source type: Original source]

^ Both plans provided for a national government of three independent branches: executive, judicial, and legislative, but they disagreed principally over the character of the legislature.
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • Constitution of the United States, 13 January 2010 8:16 UTC sangre-de-cristo.com [Source type: Original source]

.Thus, even though there was no immediate danger posed by the Communist Party's ideas, the Court allowed the Congress to regulate the Communist Party's speech.^ While it is presumptively invalid for being based on the content of speech, the basis for the content discrimination consists entirely of the very reason the entire class of speech is proscribable and the nature of the content discrimination is such that there is no realistic possibility that official suppression of ideas is afoot.
  • FIRST AMENDMENT 13 January 2010 8:16 UTC opd.ohio.gov [Source type: Original source]

^ If there is no good or compelling reason, the court must set you free.
  • The Constitutional Dictionary - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]
  • The Constitutional Dictionary - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ The court held that a party seeking even a temporary injunction against pure speech must establish that “publication [would] threaten an interest more fundamental than the First Amendment itself.” Id.
  • Speech: First Amendment - Internet Law Treatise 13 January 2010 8:16 UTC ilt.eff.org [Source type: FILTERED WITH BAYES]

Dennis v. .United States has never been explicitly overruled by the Court, but its place within First Amendment jurisprudence has been considerably narrowed by subsequent decisions.^ What was the first constitution of the United States?
  • The U.S. Constitution FAQ - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ United States Constitution Amendments 1 st .
  • First Amendment 13 January 2010 8:16 UTC www.cerritos.edu [Source type: Academic]

^ The United States made the first attacks.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

In 1957, the Court changed its interpretation of the Smith Act in deciding Yates v. United States, 354 U.S. 298 (1957). .The Supreme Court ruled that the Act was aimed at "the advocacy of action, not ideas". Thus, the advocacy of abstract doctrine remains protected under the First Amendment.^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ This was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment.

^ However, under the Supreme Court's ruling in Buckley v.
  • Campaign Finance Reform Propsals and the First Amendment (Testimony) 13 January 2010 8:16 UTC www.cato.org [Source type: Original source]

.Only speech explicitly inciting the forcible overthrow of the government remains punishable under the Smith Act.^ The Smith Act called for and required the fingerprinting and registering of all aliens residing in the United States and made it a crime to advocate or teach the violent overthrow of the U.S. government or to belong to a group advocating or teaching it.
  • Hobbled First Amendment 13 January 2010 8:16 UTC www.wnd.com [Source type: Original source]

^ Speech was regarded as beyond the reach of criminal sanctions; only "overt acts" could be punished.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ The Reconstruction Acts were based upon the principal of "conquest" and was the overthrow of the Constitution of limited government.
  • Southern Messenger � Constitution of the United States of America 13 January 2010 8:16 UTC www.southernmessenger.org [Source type: Original source]

War protests

.The Warren Court expanded free speech protections in the 1960s, though there were exceptions.^ Even if there is some evidence of such causal relationships, however tenuous or strong, is it sufficient to justify this exception to free speech?
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ However, free speech issues did not reach the Supreme Court until 1919.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ Rather than merely reciting the list of established exceptions, it is important to understand the rationale for making exceptions to free speech protection under the Constitution.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

In United States v. .O'Brien, 391 U.S. 367 (1968), the Court upheld a law prohibiting the mutilation of draft cards, because the Court felt that burning draft cards would interfere with the "smooth and efficient functioning" of the draft system.^ To date, this law has been upheld in the courts.
  • USG response to OHCHR regarding the Defamation of Religions resolution – Tab2 » United States Mission Geneva 13 January 2010 8:16 UTC geneva.usmission.gov [Source type: Original source]

^ O'Brien, 391 US 367 (1968) (draft card burning case); Brandenburg v.
  • Research Guide to the First Amendment 13 January 2010 8:16 UTC www.nesl.edu [Source type: Original source]

^ David O'Brien had burned his draft card and was convicted under a federal law.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

In contrast, in Cohen v. California, 403 U.S. 15 (1971), the court found that a person could not be punished for wearing, in the corridors of the Los Angeles County courthouse, a jacket reading "Fuck the Draft".
In Tinker v. .Des Moines Independent Community School District, 393 U.S. 503 (1969), the Supreme Court ruled that free speech rights extended to students in school.^ The Supreme Court’s free speech precedent is illustrative.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ Des Moines Independent Community School District', the Supreme Court recognized the right of high school students to protest the Vietnam War by wearing black armbands.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ In a 6-3 ruling, the Supreme Court agreed.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

.The case involved several students who were punished for wearing black armbands to protest the Vietnam War.^ Vietnam War protesters burned not only flags but draft cards, and thereby helped foment debate on the wisdom of U.S. policy in Southeast Asia.
  • freedomforum.org: Why the Senate should reject the flag desecration amendment to the United States Constitution 13 January 2010 8:16 UTC www.freedomforum.org [Source type: Original source]

^ Des Moines Independent Community School District', the Supreme Court recognized the right of high school students to protest the Vietnam War by wearing black armbands.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

^ And in subsequent years, the Court upheld the government's national security claims in several cases involving former CIA agents who had written their memoirs.
  • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

.The Supreme Court ruled that the school could not restrict symbolic speech that did not cause undue interruptions of school activities.^ In a 6-3 ruling, the Supreme Court agreed.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ It contains the documents that led up to the U.S. Supreme Court's 1997 ruling, which overturned certain provisions of the Act.
  • Legal Research Guide - First Amendment Law 13 January 2010 8:16 UTC www.virtualchase.com [Source type: FILTERED WITH BAYES]

^ Supreme Court of Pennsylvania held that despite the fact that the website was not actually located at the school, because it “was aimed at a specific school and/or its personnel” and was “brought onto the school campus or accessed at school by its originator,” the speech was to be consider on-campus speech.
  • Speech: First Amendment - Internet Law Treatise 13 January 2010 8:16 UTC ilt.eff.org [Source type: FILTERED WITH BAYES]

Justice Abe Fortas wrote,
[S]chools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students...are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State.
However, in Bethel School District v. .Fraser, 478 U.S. 675 (1986), the Court held a student could be punished for his speech before a public assembly.^ The court held that a party seeking even a temporary injunction against pure speech must establish that “publication [would] threaten an interest more fundamental than the First Amendment itself.” Id.
  • Speech: First Amendment - Internet Law Treatise 13 January 2010 8:16 UTC ilt.eff.org [Source type: FILTERED WITH BAYES]

^ Five years later, in 1952, the Supreme Court decided in Zorach v Clauson that schools could release students early to suit their religious needs.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ Litigation followed and a federal district court, finding the issue to be justiciable, held that Congress did not have the power to extend, but before the Supreme Court could review the decision the extended time period expired and mooted the matter.
  • Proposing a Constitutional Amendment - United States Constitution 13 January 2010 8:16 UTC law.onecle.com [Source type: Original source]

In the landmark decision of Brandenburg v. Ohio, 395 U.S. 444 (1969), which expressly overruled Whitney v. California, 274 U.S. 357 (1927) (a case in which a woman was imprisoned for aiding the Communist Party), the Supreme Court referred to the right to speak openly of violent action and revolution in broad terms:
[Our] decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not allow a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or cause such action.

Anonymous speech

In Talley v. .California, 362 U.S. 60 (1960), the Court struck down a Los Angeles city ordinance that made it a crime to distribute anonymous pamphlets.^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

^ Hardin, the Court struck down an Iowa law prohibiting the importation of intoxicating liquor from Illinois on dormant Commerce Clause grounds.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ Thus, the “balance between state and federal power tip[ped] decisively in favor of the federal law,” and the Court struck down the Oklahoma law.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

In McIntyre v. .Ohio Elections Commission, 514 U.S. 334 (1995), the Court struck down an Ohio statute that made it a crime to distribute anonymous campaign literature.^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

^ Hardin, the Court struck down an Iowa law prohibiting the importation of intoxicating liquor from Illinois on dormant Commerce Clause grounds.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ Though he was not a leafleter, the claim made was that an "unwritten rule" required anyone wishing to distribute literature to first obtain the permission of the project manager.
  • FIRST AMENDMENT 13 January 2010 8:16 UTC opd.ohio.gov [Source type: Original source]

However, in Meese v. .Keene,, 481 U.S. 465 (1987), the Court upheld the Foreign Agents Registration Act of 1938, under which several Canadian films were defined as "political propaganda," requiring their sponsors to be identified.^ In 1917, the Trading with the Enemy Act was passed and which defined, regulated, and punished trading with enemies, who were then required by that act to be licensed by the government to do business.
  • Constitution for the united States of America was lost - Talkgold HYIP, Investment & Money Forum 13 January 2010 8:16 UTC www.talkgold.com [Source type: Original source]

^ The Supreme Court upheld (1896) a State law requiring railway companies to provide separate accommodations for white and colored passengers; with equal accommodations equal protection was preserved.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ The several State Constitutional Conventions that were organized under the Reconstruction Act of March 2, 1867 did not conform to the provisions of the United States Constitution.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

Commercial speech

In Posadas de Puerto Rico Associates v. .Tourism Company of Puerto Rico, 478 U.S. 328 (1986), the Court affirmed the Puerto Rico Supreme Court conclusion, that Puerto Rico's Games of Chance Act of 1948, including the regulations thereunder, was not facially unconstitutional because the population specific ban on commercial speech related to casino gambling did not violate the First Amendment nor did it violate the due process or Equal Protection Clauses of the Fourteenth Amendment.^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ This was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment.

^ First Amendment  - Overview and commentary of each clause of this amendment.
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

[5]

Flag desecration

The divisive issue of flag desecration as a form of protest came before the Supreme Court in Texas v. .Johnson, 491 U.S. 397 (1989).^ Johnson, 491 U.S. 397, 404, 105 L. Ed.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

.The Supreme Court reversed the conviction of Gregory Lee Johnson for burning the flag by a 5-4 vote.^ GW Bush was "selected" by the Supreme Court, with the first election and this election was rigged with the electronic voting machines, so the truth is that he hasnt been "elected" at all.
  • Repeal 22nd Amendment of the Constitution? | Democrats.com 13 January 2010 8:16 UTC www.democrats.com [Source type: General]

^ [Also, Equal Protection of the Law was used by the U.S. Supreme Court in the 2000 Presidential election to justify stopping the recount of votes in selected counties in Florida.
  • Constitution for the United States of America 13 January 2010 8:16 UTC www.halexandria.org [Source type: Original source]

^ It is a fundamental safeguard of individual liberty, and the Supreme Court has interpreted it to give federal courts review over state court convictions and to enforce federal constitutional guarantees.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

Justice William J. Brennan, Jr. asserted that "if there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable." .Many members of Congress criticized the decision of the Court and the House of Representatives unanimously passed a resolution denouncing the Court.^ On August 3, 1999, the House of Representatives passed the Enforcement Act by a vote of 310 to 112, and subsequently referred it to the Senate Committee on the Judiciary.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ Senator McConnell is committed to taking all steps necessary to ensure that the many issues identified in this complaint are efficiently presented for resolution by the three-judge Court.

^ Congress can pass a law over the President’s veto by a two-thirds vote of each house of those members present.
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]

[6] Congress passed a federal law barring flag burning, but the Supreme Court struck it down as well in United States v. Eichman, 496 U.S. 310 (1990). .Many attempts have been made to amend the Constitution to allow Congress to prohibit the desecration of the flag.^ And many of the constitutions made this quite explicit.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ There also have been many failed attempts to amend the Constitution.
  • Los Angeles Lawyer - United States Constitution 13 January 2010 8:16 UTC www.danataschner.com [Source type: Original source]

^ So we are told that, at the time Congress and the States were passing laws against abortion, they amended the Constitution to nullify all those laws.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

.Since 1995, the Flag Desecration Amendment has consistently mustered sufficient votes to pass in the House of Representatives, but not in the Senate.^ In voting against the Flag Desecration Amendment in 2006, Sen.
  • The Constitution, Designed to Change, Rarely Does - WSJ.com 13 January 2010 8:16 UTC online.wsj.com [Source type: News]

^ Article I, which establishes the powers of Congress, provides that All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
  • The English Bill of Rights and Its Influence on the United StatesConstitution 13 January 2010 8:16 UTC www.thegloriousrevolution.org [Source type: Original source]

^ On August 3, 1999, the House of Representatives passed the Enforcement Act by a vote of 310 to 112, and subsequently referred it to the Senate Committee on the Judiciary.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

.In 2000, the Senate voted 63–37 in favor of the amendment, which fell four votes short of the requisite two-thirds majority.^ The Congress, by a two-thirds vote in each house, may initiate an amendment.
  • United States Government - The Constitution 13 January 2010 8:16 UTC countrystudies.us [Source type: Original source]

^ When the Senate voted on the amendment in October, it failed by two votes.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 13 January 2010 8:16 UTC en.wikibooks.org [Source type: Original source]

^ Congress can pass a law over the President’s veto by a two-thirds vote of each house of those members present.
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]

.In 2006, another attempt fell one vote short.^ COMMENTARY: Amendments that would have given women the right to vote were introduced in Congress one after another for more than 40 years before this one was finally passed.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

^ Between 1871 and 1890 there were some Seven attempts to amend the Constitution in prohibiting the States from respecting religion in one form or another.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

^ But while they voted against a convention they did make a hold to the belief that the Federal government could not force one State to fight another.
  • Southern Messenger � Constitution of the United States of America 13 January 2010 8:16 UTC www.southernmessenger.org [Source type: Original source]

Obscenity

.The federal government and the states have long been permitted to limit obscenity or pornography.^ Federal or State government unless they were built with a permit.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ The federal government was limited for a reason.
  • Deseret News | A living Constitution 13 January 2010 8:16 UTC www.deseretnews.com [Source type: Original source]

^ The Chief Executive may not receive any other pay from the federal government or the states, but of course is provided with many services.
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]

.While The Supreme Court has generally refused to give obscenity any protection under the First Amendment, pornography is subject to little regulation.^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ This was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment.

^ Exceptions established by the courts to the First Amendment protections include the following: .
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

However, the exact definition of obscenity and pornography has changed over time.
When it decided Rosen v. .United States in 1896, the Supreme Court adopted the same obscenity standard as had been articulated in a famous British case, Regina v.^ This refusal is now before the United States Supreme Court.
  • Is the Income Tax a Massive Fraud? Supreme Court to Hear Case of Hirmer v. United States - ClearysNoteBook 13 January 2010 8:16 UTC www.gloucestercitynews.net [Source type: General]

^ The leading case is United States v.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ The same may be said as to judicial recognition through the Supreme Court of the United States.
  • Legality of the 14th Amendment (Congressional Record) 13 January 2010 8:16 UTC www.civil-liberties.com [Source type: Original source]

Hicklin
. .The Hicklin standard defined material as obscene if it tended "to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall."^ For those who are willing to take an objective look, I applaud you for being open-minded.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 13 January 2010 8:16 UTC pajamasmedia.com [Source type: Original source]

^ COMMENTARY: A person accused of crime must have a prompt, public trial by an open-minded jury.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

^ Nor should the householder have to risk that offensive material come into the hands of his children before it can be stopped.
  • Does the First Amendment apply to spam? 13 January 2010 8:16 UTC www.utdallas.edu [Source type: Original source]

The Court ruled in Roth v. .United States, 354 U.S. 476 (1957) that the Hicklin test was inappropriate.^ No religious test shall ever be required of any public officeholder in the United States.
  • The United States Constitution ~ Government ~ Using the HS VSC ~ School Improvement in Maryland 13 January 2010 8:16 UTC mdk12.org [Source type: Original source]

^ No religious test, either an avowal or a repudiation of any religious belief, shall ever be required of any public officeholder in the United States.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ In fact, the original Constitution bars any religious test to hold any federal office in the United States.
  • Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

.Instead, the Roth test for obscenity was "whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest."^ Whether 'the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ However, the court noted that a classmate viewed his site at school, and therefore applied the "material disruption" standard of Tinker v.
  • Speech: First Amendment - Internet Law Treatise 13 January 2010 8:16 UTC ilt.eff.org [Source type: FILTERED WITH BAYES]

Justice Potter Stewart, in Jacobellis v. Ohio, 378 U.S. 184 (1964), famously stated that, although he could not precisely define pornography, "I know it when I see it."
The Roth test was expanded when the Court decided Miller v. .California, 413 U.S. 15 (1973).^ California (413 U.S. 14 [1973]) the U.S. Supreme Court established a three-pronged test for obscenity prohibitions which would not violate the First Amendment: .
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ California, 413 U.S. 15, 23, 37 L. Ed.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

.Under the Miller test, a work is obscene if it would be found desirable to the prurient interest by an average person applying contemporary community standards, depicts sexual conduct in a patently offensive way and has no serious literary, artistic, political or scientific value.^ Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ Whether 'the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

.Note that "community" standards—not national standards—are applied whether the material appeals to the prurient interest; thus, material may be deemed obscene in one locality but not in another.^ It conceded that the regulations reached expression that would not be deemed legally obscene under prevailing standards and reached expressive conduct that would not be prohibitable under prevailing standards, 32 but the Court thought that the constitutional protection of conduct that partakes ''more of gross sexuality than of communication'' was outweighed by the State's interest in maintaining order and decency.
  • FindLaw: U.S. Constitution: Twenty-first Amendment 13 January 2010 8:16 UTC caselaw.findlaw.com [Source type: Original source]

^ You noted that 45 different States at one time or another have called for a constitutional convention—maybe not all for the same intent and purpose.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

^ Article four, section two of the U.S. Constitution only applied to citizens who were a citizen of one State within another State.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

.National standards, however, are applied whether the material is of value.^ Where the law was designed to promote temperance, however, the Court applies a balancing test to determine whether the state’s interest in temperance outweighs the burden on interstate commerce.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

Child pornography is not subject to the Miller test, as the Supreme Court decided in New York v. Ferber, 458 U.S. 747 (1982). .The Court thought that the government's interest in protecting children from abuse was paramount.^ Author advocates Citizens taking responsibility for protection of their rights, as opposed to relying on courts/government.
  • Book Guide to The Constitution of the United States 13 January 2010 8:16 UTC tcnbp.tripod.com [Source type: Original source]

^ The Court looks suspiciously on state legislation [*PG673] that primarily burdens out-of-state interests because the political process can not be trusted to protect adequately these underrepresented interests.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ Court applied a balancing test to strike down a state alcohol regulation that interfered with the federal government’s interests under the Commerce Clause.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

.Personal possession of obscene material in the home may not be prohibited by law.^ This case, moreover, involved possession of firearms by convicted felons, a class of persons whose right traditionally have been more restricted than law-abiding citizens.

^ The transportation or importation into any State, Territory, or Possession of the United States for delivery therein of Intoxicating Liquors, in violation of the laws thereof, is hereby prohibited.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ Section 2 The transportation or importation into any State, territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
  • United States Constitution - a knol by CFTC 13 January 2010 8:16 UTC knol.google.com [Source type: Original source]

In writing for the Court in the case of Stanley v. Georgia, 394 U.S. 557 (1969), Justice Thurgood Marshall wrote, "If the First Amendment means anything, it means that a State has no business telling a man, sitting in his own house, what books he may read or what films he may watch." However, it is not unconstitutional for the government to prevent the mailing or sale of obscene items, though they may be viewed only in private. Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), further upheld these rights by invalidating the Child Pornography Prevention Act of 1996, holding that, because the act "[p]rohibit[ed] child pornography that does not depict an actual child..." it was overly broad and unconstitutional under the First Amendment. .Justice Anthony M. Kennedy wrote: "First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end.^ The First Amendment is a justice issue.

^ If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ Instead, the most pressing business of constitutional amendments, to the effect of restoring the balance of federalism, will not be done by the federal government, but must be done by the individual States.
  • Should we support a 28th Amendment to the Constitution? 92% agree 13 January 2010 8:16 UTC www.freerepublic.com [Source type: FILTERED WITH BAYES]

.The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought."^ He can do this from his right of free speech and freedom of the press.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ By law their entitlements are humane treatment, food, shelter, medical care, the right to complain about prison conditions and to an extent, freedom of speech.
  • The Daily Courier - Editorial: Don't give inmates the right to vote 13 January 2010 8:16 UTC www.dcourier.com [Source type: Original source]

^ The Bill of Rights The First Amendment guarantees the freedom of worship, of speech, of the press, of assembly, and of petition to the government for redress of grievances.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 13 January 2010 8:16 UTC www.encyclopedia.com [Source type: Original source]

In United States v. .Williams, 553 U.S. 285 (2008), by a vote of 7–2, the Supreme Court upheld the PROTECT Act of 2003.^ The Supreme Court subsequently upheld the constitutionality of this Act.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ GW Bush was "selected" by the Supreme Court, with the first election and this election was rigged with the electronic voting machines, so the truth is that he hasnt been "elected" at all.
  • Repeal 22nd Amendment of the Constitution? | Democrats.com 13 January 2010 8:16 UTC www.democrats.com [Source type: General]

^ The Supreme Court upheld (1896) a State law requiring railway companies to provide separate accommodations for white and colored passengers; with equal accommodations equal protection was preserved.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

.The Court ruled that prohibiting offers to provide and requests to obtain child pornography did not violate the First Amendment, even if a person charged under the Act did not possess child pornography.^ Millennium : Of course it violates the First Amendment.
  • FARK.com: (4445402) Like your confused grandpa talking into his remote control, Congressional Republicans calling for investigation as to whether or not China's Internet filter violates the First Amendment 13 January 2010 8:16 UTC www.fark.com [Source type: FILTERED WITH BAYES]

^ Of course it violates the First Amendment.
  • FARK.com: (4445402) Like your confused grandpa talking into his remote control, Congressional Republicans calling for investigation as to whether or not China's Internet filter violates the First Amendment 13 January 2010 8:16 UTC www.fark.com [Source type: FILTERED WITH BAYES]

^ If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

[7]

Libel, slander, and private action

.American tort liability for defamatory speech or publications—slander and libel—traces its origins to English law.^ That view, which of course cannot be reconciled with the law relating to libel, slander, .
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ This idea can be traced back to the Magna Carta, which provided that the English king could not imprison or harm a person "except by the lawful judgment of his peers or by the law of the land."
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

^ License to Harass: Law, Hierarchy, and Offensive Public Speech.
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

The nature of American defamation law was vitally changed by the Supreme Court in 1964, in deciding New York Times Co. v. .Sullivan 376 U.S. 254 (1964).^ Sullivan, 376 U.S. 254, 269-71, 11 L. Ed.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

.The New York Times had published an advertisement indicating that officials in Montgomery, Alabama had acted violently in suppressing the protests of African-Americans during the civil rights movement.^ New York: Times Books, 1998.
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

^ From the NEW YORK HERALD: "The ultimatum of the seceded States is now before the Government at Washington, in this new Constitution adopted by the Congress at Montgomery, Alabama.
  • Southern Messenger � Constitution of the United States of America 13 January 2010 8:16 UTC www.southernmessenger.org [Source type: Original source]

^ Congress passed under this constitutional authority the Civil Rights Act of March 1, 1875, another act prohibiting peonage, and some other statutes.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

.The Montgomery Police Commissioner, L. B. Sullivan, sued the Times for libel claiming the advertisement damaged his reputation.^ In New York Times Co v Sullivan , the Supreme Court decided that in libel cases brought by public officials or public figures there is a standard of 'actual malice'.
  • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

^ Libel is an untrue written statement that damages a person’s reputation.
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]

.The Supreme Court unanimously overruled the $500,000 judgment against the Times.^ The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior, and shall, at stated Times, receive for their Services, a Compensation which shall not be diminished during their Continuance in Office.
  • United States Constitution 13 January 2010 8:16 UTC www.legis.state.wv.us [Source type: Original source]

^ Paragraph 1 The enumeration in the Constitution, of certain rights, shall not be Against the Imperial Judiciary : The Supreme Court Vs.
  • Book Guide to The Constitution of the United States 13 January 2010 8:16 UTC tcnbp.tripod.com [Source type: Original source]

^ Each Amendment to the Constitution came about for a reason — to overrule a Supreme Court decision, to force a societal change, or to revise the details of the Constitution.
  • Notes on the Amendments - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

Justice Brennan suggested that public officials may sue for libel only if the publisher published the statements in question with "actual malice."
.The actual malice standard applies to both public officials and public figures, including celebrities.^ They delegate the day-to-day business of government to public officials, both elected and appointed.
  • United States Government - The Constitution 13 January 2010 8:16 UTC countrystudies.us [Source type: Original source]

^ I will expose everything you do wrong for the rest of your lives as public officials, including your deviations from Homicide Protocol norms in Franconia .

.Though the details vary from state to state, private individuals normally need only to prove the negligence of the defendant.^ It is a prohibition, not respecting action by an individual or by a group of individuals, but only action by the legislative, the executive, or the judicial department of a State government.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ Recommended by: pinche tejano it could still be resurrected today and would only need 3/4 of the states which did not exist to ratify or reject it after Virginia voted on it.
  • Daily Kos: The "Missing" 13th Amendment, an odd Constitution story 13 January 2010 8:16 UTC www.dailykos.com [Source type: Original source]

^ If a state wants to socialize healthcare in that state, then that is fine (that is where that power resides), and then We The People can choose whether or not we want to live in that state or another that better suits are individual wants and needs.
  • Deseret News | Liberty vs. tyranny 13 January 2010 8:16 UTC www.deseretnews.com [Source type: Original source]

In Greenbelt Cooperative Publishing Association, Inc. v. .Bresler, 398 U.S. 6 (1970), the Supreme Court ruled that a Greenbelt News Review article, which quoted a visitor to a city council meeting who characterized Bresler's aggressive stance in negotiating with the city as "blackmail", was not libelous since nobody could believe anyone was claiming that Bresler had committed the crime of blackmail and that the statement was essentially hyperbole (i.e., clearly an opinion).^ In a 6-3 ruling, the Supreme Court agreed.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ Ohio, 367 U.S. 643 (1961), the Supreme Court ruled the Fourth Amendment to be applicable to the state governments by way of the Due Process Clause of the Fourteenth Amendment.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ He claims Castle has a valid argument and is prepared to carry it to the U.S. Supreme Court if necessary.
  • The Real Titles of Nobility Amendment FAQ 13 January 2010 8:16 UTC www.thirdamendment.com [Source type: Original source]

The Supreme Court ruled in Gertz v. Robert Welch, Inc. 418 U.S. 323 (1974), opinions could not be considered defamatory. .It is, therefore, permissible to suggest, for instance, that someone is a bad lawyer, but not permissible to declare falsely that the lawyer is ignorant of the law: the former constitutes a statement of values, but the latter is a statement alleging a fact.^ Therefore, they gave Congress the right to pass all laws that are "necessary and proper" to carry out powers granted by the Constitution to the President, Congress, and federal courts.
  • The Constitution of the United States of America 13 January 2010 8:16 UTC www.policyalmanac.org [Source type: Original source]

^ But in vain would these rights be declared, ascertained, and protected by the dead letter of the laws, if the constitution had provided no other method to secure their actual enjoyment.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ Packed with articles about the Uniform Commercial Code and the Constitution, AntiShyster magazine is a little like a law review-though certainly not one for lawyers.
  • The Real Titles of Nobility Amendment FAQ 13 January 2010 8:16 UTC www.thirdamendment.com [Source type: Original source]

More recently, in Milkovich v. .Lorain Journal Co., 497 U.S. 1 (1990), the Supreme Court backed off from the protection from "opinion" announced in Gertz.^ This case made its way to the Supreme Court, where the Court deflected the case and sent it back to a lower court for further adjudication.
  • Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ In my opinion, the Supreme Court amends the Constitution quite frequently.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

^ See Also Utah Supreme Court Opinion, Dyett vs Turner , a March 22, 1968 opinion of the Utah Supreme Court.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

.The court in Milkovich specifically held that there is no wholesale exception to defamation law for statements labeled "opinion," but instead that a statement must be provably false (falsifiable) before it can be the subject of a libel suit.^ In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
  • Constitution of the United States 13 January 2010 8:16 UTC www.nhinet.org [Source type: Original source]

^ It would had only been unconstitutional if there had been no law in place for the seizure of land without trial by jury.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

^ The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.
  • Constitution of the United States 13 January 2010 8:16 UTC www.nhinet.org [Source type: Original source]

Hustler Magazine v. Falwell, 485 U.S. 46 (1988), extended the "actual malice" standard to intentional infliction of emotional distress in a ruling which protected a parody. In the ruling, "actual malice" was described as "knowledge that the statement was false or with reckless disregard whether or not it was true."
.Ordinarily, the First Amendment only applies to prohibit direct government censorship.^ It was this presidential recommendation that lead to the proposed Blaine Amendment, which attempted to make word-for-word the Establishment Clause under the First Amendment a direct prohibition against the power of the States.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

^ PM kleppe: Robert1966: Since China isn't in the United States, I don't see how the First Amendment applies to it.
  • FARK.com: (4445402) Like your confused grandpa talking into his remote control, Congressional Republicans calling for investigation as to whether or not China's Internet filter violates the First Amendment 13 January 2010 8:16 UTC www.fark.com [Source type: FILTERED WITH BAYES]

^ Likewise, if an individual right analysis is used, only the federal government is bound by the Second Amendment.
  • LIMITS ON THE POWER OF STATESTO REGULATE FIREARMS 13 January 2010 8:16 UTC w3.uchastings.edu [Source type: Original source]

.The protection from libel suits recognizes that the power of the state is needed to enforce a libel judgment between private persons.^ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
  • First Ecclesia - Restoring the True Apostolic Church | One Ecclesiastical Assembly, One Ecclesiastical Government 13 January 2010 8:16 UTC firstecclesia.org [Source type: Original source]
  • Big Dogs House » Blog Archive » Obama Shows His Ignorance of the Constitution 13 January 2010 8:16 UTC www.onebigdog.net [Source type: Original source]

^ These provisions protect national powers from state incursions.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]
  • The United States Constitution ~ Government ~ Using the HS VSC ~ School Improvement in Maryland 13 January 2010 8:16 UTC mdk12.org [Source type: Original source]

^ So, by the Compact between the Several States vested a degree of power and authority to the general or federal government.
  • Rights Retained by the People. 13 January 2010 8:16 UTC www.nolanchart.com [Source type: Original source]

.The Supreme Court's scrutiny of defamation suits is thus sometimes considered part of a broader trend in U.S. jurisprudence away from the strict state action requirement, and into the application of First Amendment principles when private actors invoke state power.^ This takes away the states power and is in violation of the 10th amendment.
  • State Sovereignty Movement - “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 13 January 2010 8:16 UTC statesovereignty.org [Source type: Original source]

^ Amendment 10 - Powers of the States and People.
  • The United States Constitution - The U.S. Constitution Online - USConstitution.net 13 January 2010 8:16 UTC www.usconstitution.net [Source type: Original source]

^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

.Likewise, the Noerr-Pennington doctrine is a rule of law that often prohibits the application of antitrust law to statements made by competitors before public bodies: a monopolist may freely go before the city council and encourage the denial of its competitor's building permit without being subject to Sherman Act liability.^ Another equally important provision was the statement that nor shall any state deprive any person of live, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
  • Big Dogs House » Blog Archive » Obama Shows His Ignorance of the Constitution 13 January 2010 8:16 UTC www.onebigdog.net [Source type: Original source]

^ Because the Fourteenth Amendment specifically made Fifth Amendments due process clause a limitation against State denial, this in return made it part of the law of the land in which States may not deny, but must also equally administer.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

^ Some may have come to consider federalism an archaic annoyance, perhaps an amusing topic for law-school seminars but certainly not a substantive rule for structuring government.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

.This principle is being applied to litigation outside the antitrust context, including state tort suits for intentional interference with business relations and SLAPP Suits.^ While the Madison principle may be unexceptionable in the context in which it was stated, it may be doubted that it transfers readily to the significantly different issue of rescission.
  • Proposing a Constitutional Amendment - United States Constitution 13 January 2010 8:16 UTC law.onecle.com [Source type: Original source]

^ Thus, Idlewild stands for the principle that where a state alcohol regulation unreasonably interferes with an expressed federal policy, that regulation can be stuck down for being outside the scope of the state’s constitutional authority.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ The Emancipation Proclamation had only applied to slaves being held in areas that were in rebellion against the United States at the time of the Proclamation.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 13 January 2010 8:16 UTC en.wikibooks.org [Source type: Original source]

.The constitutions of most of the several states also provide free speech protections similar to those of the U.S. Constitution.^ State constitutions may provide additional protection.
  • Speech: First Amendment - Internet Law Treatise 13 January 2010 8:16 UTC ilt.eff.org [Source type: FILTERED WITH BAYES]

^ So we are told that, at the time Congress and the States were passing laws against abortion, they amended the Constitution to nullify all those laws.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

^ This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
  • Constitution for the United States of America 13 January 2010 8:16 UTC www.constitution.org [Source type: Original source]
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]
  • Terrella Media, Inc. » The United States Constitution 13 January 2010 8:16 UTC www.terrella.com [Source type: Original source]
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 13 January 2010 8:16 UTC en.wikibooks.org [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]
  • FindLaw: U.S. Constitution: Amendments 13 January 2010 8:16 UTC caselaw.lp.findlaw.com [Source type: Original source]
  • FAN's Guide To Constitution of the United States of America 13 January 2010 8:16 UTC www.freedomactivist.net [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • Constitution of the United States 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • The Constitution of the United States 13 January 2010 8:16 UTC www.worldquest.com [Source type: Original source]
  • How Many Amendments Are There to the Constitution 13 January 2010 8:16 UTC www.docstoc.com [Source type: Original source]
  • Constitution of the United States 13 January 2010 8:16 UTC www.nhinet.org [Source type: Original source]
  • Constitution of the United States, 13 January 2010 8:16 UTC sangre-de-cristo.com [Source type: Original source]

.Some states, such as California, have treated their local constitutional protections as being more thorough than that of the U.S. Constitution.^ While you certainly find the mention of the duties of the federal, or central government, the Constitution places more effort in protecting the rights of the several states, as they are called.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

^ It was little more than an assembly of the representatives of 13 independent states.
  • The Constitution of the United States of America 13 January 2010 8:16 UTC www.policyalmanac.org [Source type: Original source]

^ It renders states little more than subdivisions of the federal government.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

.California's Pruneyard doctrine, prohibits private property owners whose property is equivalent to a traditional public forum (often shopping malls and grocery stores) from enforcing their private property rights to exclude political speakers and petition-gatherers.^ Private property is taken for public use in opening streets in cities, in constructing railways and canals, in erecting public buildings, in laying out public parks, and for kindred purposes.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ In the three preceding articles we have taken a short view of the principal absolute rights [personal security, personal liberty, private property] which appertain to every Englishman.
  • Testimony of Eugene Volokh on the Second Amendment, SenateSubcommittee on the Constitution, Sept. 23, 1998. 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ Section 5: The judicial power of the United States to enforce this article includes but is not limited to the power to nullify any prohibition or unreasonable regulation of a rightful exercise of liberty.
  • The Case for a Federalism Amendment - WSJ.com 13 January 2010 8:16 UTC online.wsj.com [Source type: FILTERED WITH BAYES]

.The Pruneyard doctrine privileges protesters, who would otherwise be trespassers, from being ejected from the property, as would other trespassers.^ If you're Baptist, Protestant, Unitarian, Methodist or any of the other christian faiths, your beliefs would be discarded as yo are not a Catholic.
  • Do most people actually understand the 1st Amendment? - Church & State - GOOOH Forum Home 13 January 2010 8:16 UTC goooh.com [Source type: Original source]

^ Perish the thought, say liberal elites who would like us to believe that the U.S. Constitution protects flag burning, abortion, and all that other stuff.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

.Moreover, the doctrine deprives the property owner of one of their rights, as well as forcing them to allow their premises to become a forum for speech for which they do not approve.^ There simply is no right to force speech into the home of an unwilling listener.
  • Does the First Amendment apply to spam? 13 January 2010 8:16 UTC www.utdallas.edu [Source type: Original source]

^ They wrote the Amendment to incorporate the Bill of Rights against the States, so that Federal Courts would be able to force the States to honor our basic civil rights.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

^ For example, in 1789, the People happened to be those of political rights, who happened to be white, male property owners.
  • 82.03.03: The United States Constitution 13 January 2010 8:16 UTC www.cis.yale.edu [Source type: Original source]

[8]
.The U.S. Supreme Court has never interpreted the First Amendment as having the same power to alter private property rights, or provide any other protection against purely private action.^ Exceptions established by the courts to the First Amendment protections include the following: .
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ It does not provide any private right of action for individuals burdened by the practice.
  • Does the First Amendment apply to spam? 13 January 2010 8:16 UTC www.utdallas.edu [Source type: Original source]

^ First Amendment rights.” Id.
  • Speech: First Amendment - Internet Law Treatise 13 January 2010 8:16 UTC ilt.eff.org [Source type: FILTERED WITH BAYES]

.When considering private authority figures (such as a child's parents or an employee's employer), Constitutional free speech provides no protection.^ The First Amendment to the Constitution provides: “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 a redress of grievances.” U.S. CONST. amend.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ Even if there is some evidence of such causal relationships, however tenuous or strong, is it sufficient to justify this exception to free speech?
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ Rather than merely reciting the list of established exceptions, it is important to understand the rationale for making exceptions to free speech protection under the Constitution.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

.A private authority figure may reserve the right to censor their subordinate's speech, or discriminate on the basis of speech, without any legal consequences.^ A state, by its own consent, may waive this right of equal suffrage, but that is the only legal method by which a failure to accord this immutable right of equal suffrage in the Senate can be justified.
  • Legality of the 14th Amendment (Congressional Record) 13 January 2010 8:16 UTC www.civil-liberties.com [Source type: Original source]

^ To deny them access is to discriminate on the basis of the Club's religious viewpoint, which is a violation of the Club's free speech.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ True you have the right to free speech, but there's no guarantee that there's not going to be any consequences.
  • I got arrested for calling a cop an a-hole. 13 January 2010 8:16 UTC www.escapistmagazine.com [Source type: Original source]

.For example, per the at-will employment doctrine, an employee may be fired from their occupation for speaking out against a politician that the employer likes.^ SEIDMAN. It may be the method is like a loaded gun, which is most effective when it's pointed but not fired.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

^ Deal is, you can't stop Jerry from speaking because he says things you don't like, accurate as they may be.

^ You call me speaking out against right wing hate “hate”.
  • HorsesAss.Org » Blog Archive » Palin: Free Press Threatens 1st Amendment 11 September 2009 21:34 UTC www.horsesass.org [Source type: Original source]

Political speech

In Buckley v. .Valeo, 424 U.S. 1 (1976), the Supreme Court affirmed the constitutionality of some parts, while declaring other parts unconstitutional, of the Federal Election Campaign Act of 1971 and related laws.^ The Supreme Court subsequently upheld the constitutionality of this Act.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ In 1895 the Supreme Court had declared a federal income tax law unconstitutional.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ Federal elections are conducted by the individual states, although Congress has gradually enacted laws that regulate those elections.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]
  • The United States Constitution ~ Government ~ Using the HS VSC ~ School Improvement in Maryland 13 January 2010 8:16 UTC mdk12.org [Source type: Original source]

.These laws restricted the monetary contributions that may be made to political campaigns and expenditure by candidates.^ The states shall be allowed to control campaign contributions and campaign expenditures, but all candidates for the same office shall be treated equally.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
  • Constitution of the United States 13 January 2010 8:16 UTC www.nhinet.org [Source type: Original source]

^ The States shall have the right to place limits on these contributions and expenditures as long as all candidates for the same office are treated the same.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

.The Court concluded that limits on campaign contributions "serve[d] the basic governmental interest in safeguarding the integrity of the electoral process without directly impinging upon the rights of individual citizens and candidates to engage in political debate and discussion."^ As a result, Americans are free to move from place to place; make their own decisions about jobs, religion, and political beliefs; and go to the courts for justice and protection when they feel these rights are being infringed upon.
  • United States Government - The Constitution 13 January 2010 8:16 UTC countrystudies.us [Source type: Original source]

^ Content Standard 5: United Constitution and Government describe means of conflict management, including negotiation, mediation, arbitration and litigation; and describe how the public agenda is shaped by political leaders and parties, interest groups, the media, public opinion, state and federal courts, and individual citizens.
  • First Amendment WebQuest 13 January 2010 8:16 UTC www.milforded.org [Source type: General]

^ However, individuals can still bring actions against state authorities in federal court to prevent these authorities from depriving them of their Constitutional rights.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

.At the same time, the Court overturned the spending limits, which it found imposed "substantial restraints on the quantity of political speech."^ A strict time limit shall be imposed on how long the records can be sealed.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ At the same time, corporations have limited liability and are not required, for example, to tell the whole truth, whereas individuals have unlimited liability and are required in law to tell the truth, the whole truth, and nothing but the truth.
  • Constitution for the United States of America 13 January 2010 8:16 UTC www.halexandria.org [Source type: Original source]

^ There shall be no time limit imposed for the ratification of these amendments.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

Further rules on campaign finance were scrutinized by the Court when it determined McConnell v. Federal Election Commission, 540 U.S. 93 (2003). .The case centered on the Bipartisan Campaign Reform Act of 2002, a law that introduced several new restrictions on campaign financing.^ Of course, since the candidates now had to cater to hundreds of thousands, or millions, of people instead of just a few hundred, other issues, such as campaign finances, were introduced.
  • NationStates • View topic - Repeal the 17th amendment to the U.S. constitution 13 January 2010 8:16 UTC forum.nationstates.net [Source type: Original source]

^ The question of who can vote for state legislators is up to the state, subject to the restrictions of the Constitution and federal law, such as the Voting Rights Act of 1965.
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]

^ An example you might agree with is the drug war in Mexico, and the justification of new gun law restrictions.
  • The constitution of the United States - Forums | MacLife 13 January 2010 8:16 UTC www.maclife.com [Source type: Original source]

.The Supreme Court upheld provisions which barred the raising of soft money by national parties and the use of soft money by private organizations to fund certain advertisements related to elections.^ In 1914 the Supreme Court said that a State cannot penalize the assertion by a citizen of a Federal or National right.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ The first is the power to tax and to spend the money raised by taxes, to provide for the nation’s defense and general welfare.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ This was held by the Supreme Court to mean, as the language imports, the privileges and immunities of National citizenship and not to include those belonging to the citizen of the State.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

.At the same time, the Court struck down the "choice of expenditure" rule, which required that parties could either make coordinated expenditures for all its candidates, or permit candidates to spend independently, but not both, further stating that a "provision place[d] an unconstitutional burden on the parties' right to make unlimited independent expenditures."^ The States shall have the right to place limits on these contributions and expenditures as long as all candidates for the same office are treated the same.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ Rules in both houses required the same vote.
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 13 January 2010 8:16 UTC loveforlife.com.au [Source type: Original source]

^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

.The Supreme Court also ruled that the provision preventing minors from making political contributions was unconstitutional, relying on the precedent on the Tinker case.^ In short, the Supreme Court precedents in Smith and Knight govern this case.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ In a 6-3 ruling, the Supreme Court agreed.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ That precedent, however, does not refer to the historical evidence and we know from the briefs in Knight that the historical argument was not presented to the Supreme Court.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

In .Wisconsin Right to Life, Inc.">Federal Election Commission v.^ This amendment prohibits both Congress and the states from conditioning the right to vote in federal elections on the failure to pay a poll tax or other type of tax.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 13 January 2010 8:16 UTC en.wikibooks.org [Source type: Original source]

.Wisconsin Right to Life, Inc.
, 551 U.S. 449 (2007), the Supreme Court sustained an "as applied" challenge to provisions of the 2002 law dealing with advertising shortly before a primary, caucus, or an election.^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

^ Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia has long been debated.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
  • The Constitution of the United States 13 January 2010 8:16 UTC www.worldquest.com [Source type: Original source]
  • Constitution of the United States 13 January 2010 8:16 UTC www.nhinet.org [Source type: Original source]

In Davis v. .Federal Election Commission, 554 U.S. ___ (2008), the Supreme Court declared the "Millionaire's Amendment" provisions of the BCRA to be unconstitutional.^ In 1895 the Supreme Court had declared a federal income tax law unconstitutional.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

.The Court held that easing BCRA restrictions for an opponent of a self-financing candidate spending at least $350,000 of his own money violated the freedom of speech of the self-financing candidate.^ The Supreme Court has held that evidence obtained in violation of the Fourth Amendment may not be admitted in evidence in a criminal trial.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

^ The Constitution does protect the freedom of speech of every citizen, and even of non-citizens — but only from restriction by the Congress (and, by virtue of the 14th Amendment, by state legislatures, too).
  • Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ Since both houses had adopted the amendment resolution only by a majority, the court held that the Illinois legislature had not ratified the E.R.A. (i.e., the ratification only had to be consistent with the legislature's own rules on the subject) .
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 13 January 2010 8:16 UTC loveforlife.com.au [Source type: Original source]

In Citizens United v. .Federal Election Commission, 558 U.S. ___ (2010), the Court ruled that federal restrictions on corporate electoral advocacy under the BCRA were unconstitutional for violating the Free Speech Clause of the First Amendment.^ Millennium : Of course it violates the First Amendment.
  • FARK.com: (4445402) Like your confused grandpa talking into his remote control, Congressional Republicans calling for investigation as to whether or not China's Internet filter violates the First Amendment 13 January 2010 8:16 UTC www.fark.com [Source type: FILTERED WITH BAYES]

^ First Amendment  - Overview and commentary of each clause of this amendment.
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

^ Of course it violates the First Amendment.
  • FARK.com: (4445402) Like your confused grandpa talking into his remote control, Congressional Republicans calling for investigation as to whether or not China's Internet filter violates the First Amendment 13 January 2010 8:16 UTC www.fark.com [Source type: FILTERED WITH BAYES]

The Court overruled Austin v. .Michigan Chamber of Commerce, 494 U.S. 652 (1990), which had previously held that a law that prohibited corporations from using treasury funds to support or oppose candidates in elections did not violate the First or Fourteenth Amendments.^ It was held that the first amendment of the constitution .
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ Proponents of the laws argue that because the Twenty-first Amendment grants the states wide authority to regulate intoxicating liquors, the otherwise-unconstitutional direct shipment laws survive dormant Commerce Clause scrutiny.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ The Fourteenth Amendment's language has long been the source of wild imaginative construction by those who first read its words.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

The Court also overruled the portion of McConnell that upheld such restrictions under the BCRA.[9]

Free Speech Zones

.Free speech zones are areas set aside in public places for political activists to exercise their right of freedom of speech as an exercise of what is commonly called "TPM" or "time, place, manner" regulation of speech.^ He can do this from his right of free speech and freedom of the press.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ Amendment I fn2 [ Annotations ] 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 a redress of grievances.
  • FindLaw: U.S. Constitution: Amendments 13 January 2010 8:16 UTC caselaw.lp.findlaw.com [Source type: Original source]

^ Congress shall make no law respecting an establishment of religion, or prohibiting 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 a redress of grievances.
  • Constitution of the united States 13 January 2010 8:16 UTC www.veindoctorny.com [Source type: Original source]

.Free speech zones are set up by the Secret Service who scout locations near which the president is to pass or speak.^ Speaking as someone who lives south of the US, I completely agree, and yeah it’s beside the point (which is why I didn’t bring it up in the first place).
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Freedom of speech is integral to a free society,” President Bush said in May 2008.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Freedom of speech is integral to a free society ,” President Bush said in May 2008.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

.Officials may target those displaying signs and escort them to the free speech zones before and during the event.^ Freedom of speech is integral to a free society ,” President Bush said in May 2008.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Freedom of speech is integral to a free society,” President Bush said in May 2008.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Free speech and free press are protected, although they can be limited for reasons of defamation, obscenity, and certain forms of state censorship, especially during wartime.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

.Protesters who refuse to go to free speech zones could be arrested and charged with trespassing, disorderly conduct and resisting arrest.^ Illinois and there was an incident where a bunch of protesters who were anti-Obama were arrested b/c they were expressing their freedom of speech.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 13 January 2010 8:16 UTC pajamasmedia.com [Source type: Original source]

^ Also, conduct a keyword search combining "free speech" and such terms as "African Americans," "affirmative action," "education," "civil rights," or "discrimination."
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

.In 2003, a seldom-used federal law was brought up that says that "willfully and knowingly to enter or remain in any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting" is a crime.^ United States (1997), the Supreme Court struck down two laws on the grounds that the Constitution forbids the federal government from commandeering any branch of state government to administer a federal program.
  • SHOCKING, DEVIOUS, AND EVIL Part I « We the People of the United States 13 January 2010 8:16 UTC wtpotus.wordpress.com [Source type: Original source]

^ In his view—which not all originalists share—the Fourteenth Amendment’s provision forbidding states from depriving any person of the “equal protection of the laws,” together with Fifth Amendment federal due-process protections, means that the Constitution is colorblind, pure and simple.
  • Reading the Constitution Right by Stephen B. Presser, City Journal Spring 2007 13 January 2010 8:16 UTC www.city-journal.org [Source type: FILTERED WITH BAYES]

^ All persons are equal before the law and are equally entitled to its protection.
  • United States Government - The Constitution 13 January 2010 8:16 UTC countrystudies.us [Source type: Original source]

[10][11]

Involuntary health care

.A small minority has questioned whether involuntary commitment laws violate the right of freedom of speech of such individuals when the medical diagnosis of a mental illness leading to the commitment was made based on the committed individual's speech or writing.^ He can do this from his right of free speech and freedom of the press.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ Congress shall make no law respecting an establishment of religion, or prohibiting 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 a redress of grievances.
  • Constitution of the united States 13 January 2010 8:16 UTC www.veindoctorny.com [Source type: Original source]

^ 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 a redress of grievances.
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 13 January 2010 8:16 UTC www.worldalmanacforkids.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]

.The First Amendment implications of involuntary administration of psychotropic medication have also been questioned.^ We have endeavored to establish that Georgia had a right, in the first place, as a part of the Congress, to act upon the question, `Shall these amendments be proposed?'
  • Legality of the 14th Amendment (Congressional Record) 13 January 2010 8:16 UTC www.civil-liberties.com [Source type: Original source]

^ The constitutional implications of the Twenty-first Amendment Enforcement Act cannot be divorced from the goals the proposed law was designed to affect.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

^ The question in this case is thus whether the principles underlying the Twenty-first Amendment are sufficiently implicated by the exemption for okolehao and pineapple wine to outweigh the Commerce Clause principles that would otherwise be offended.
  • STATE POWER TO REGULATE ALCOHOL UNDER THE TWENTY-FIRST AMENDMENT: THE CONSTITUTIONAL IMPLICATIONS OF THE TWENTY-FIRST AMENDMENT ENFORCEMENT ACT 13 January 2010 8:16 UTC www.bc.edu [Source type: Original source]

In 1979, in Rogers v. Orkin, Judge Joseph L. Tauro for the United States District Court for the District of Massachusetts said that "whatever powers the Constitution has granted our government, involuntary mind control is not one of them."[12] In Rennie v. Klein, 462 F. Supp. .1131 (D.N.J. 1978), the United States District Court for the District of New Jersey held that an involuntarily committed patient has the right to refuse medication.^ Reason for Citizen Amendment 2 The United States Government has interfered in the internal affairs of other governments, and has refused to have a dialog with others.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ The 14th Amendment is Unconstitutional The purported 14th Amendment to the United States is and should be held to be ineffective, invalid, null, void and unconstitutional for the following reasons: .
  • Legality of the 14th Amendment (Congressional Record) 13 January 2010 8:16 UTC www.civil-liberties.com [Source type: Original source]

^ Restroom New Jersey Tenant Protection Law There are certain unalienable rights that all tenant have in New Jersey.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

In the landmark decision of O'Connor v. .Donaldson, 422 U.S. 563 (1975), the Supreme Court ruled that a patient cannot be involuntarily committed without due process.^ In a 6-3 ruling, the Supreme Court agreed.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ Ohio, 367 U.S. 643 (1961), the Supreme Court ruled the Fourth Amendment to be applicable to the state governments by way of the Due Process Clause of the Fourteenth Amendment.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ In 1914 the Supreme Court said that a State cannot penalize the assertion by a citizen of a Federal or National right.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

.The mental health bar, spearheaded by the American Civil Liberties Union (ACLU), has interpreted this decision to mean it is unconstitutional to commit a person for treatment who is not imminently a danger to himself or others and is capable to a minimal degree of surviving on his own.^ REPRESENTATIVE JOHN RANDOLPH "A people who mean to continue free must be prepared to meet danger in person..."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 13 January 2010 8:16 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ Persons accused of crimes and these include enemy nationals accused of spying, subversion, and other dangerous activities are given the right to defend themselves and, under the American system, are presumed innocent until proven guilty.
  • United States Government - The Constitution 13 January 2010 8:16 UTC countrystudies.us [Source type: Original source]

^ No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.
  • United States Constitution 13 January 2010 8:16 UTC www.usa2076.com [Source type: Original source]

.December 2009" style="white-space:nowrap;">[citation needed] This interpretation has hampered efforts to implement changes in commitment laws throughout the United States, as most states require the person meet the "imminent danger" standard, accepting the ACLU's interpretation of Donaldson.^ I’m not going to change the Constitution of the United States.
  • Big Dogs House » Blog Archive » Obama Shows His Ignorance of the Constitution 13 January 2010 8:16 UTC www.onebigdog.net [Source type: Original source]

^ What links here Related changes Upload file Special pages Permanent link This page was last modified on 26 December 2009, at 12:47.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 13 January 2010 8:16 UTC en.wikibooks.org [Source type: Original source]

^ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
  • Big Dogs House » Blog Archive » Obama Shows His Ignorance of the Constitution 13 January 2010 8:16 UTC www.onebigdog.net [Source type: Original source]

[citation needed]

Memoirs of convicted criminals

.In some states, there are Son of Sam laws prohibiting convicted criminals from publishing memoirs for profit.^ II provided freed slaves, who were now recognized as citizens of the United States, remedy whenever some State law attempted to put them at an disadvantage with that of their own citizens.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

^ Although there were some northern States that rejected the 14 th Amendment; the southern States rejected the Amendment as well.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

^ There has been some difficulty in ascertaining whether the amendment proposed, which is stated as the thirteenth ...
  • The Real Titles of Nobility Amendment FAQ 13 January 2010 8:16 UTC www.thirdamendment.com [Source type: Original source]

.These laws were a response to offers to David Berkowitz to write memoirs about the murders he committed.^ FOR protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States: .
  • FCIC: Constitution of the United States and the Declaration of Independence 13 January 2010 8:16 UTC www.pueblo.gsa.gov [Source type: Original source]

^ The Constitution assigned to Congress responsibility for organizing the executive and judicial branches, raising revenue, declaring war, and making all laws necessary for executing these powers.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

The Supreme Court struck down a law of this type in New York as a violation of the First Amendment in the case Simon & Schuster v. Crime Victims Board, 502 U.S. 105 (1991). That statute did not prohibit publication of a memoir by a convicted criminal. .Instead, it provided that all profits from the book were to be put in escrow for a time.^ All religious books talk about end times full of destruction and suffering but why do we have to follow this program when there is an alternative to hatred, mayhem and death?
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 13 January 2010 8:16 UTC loveforlife.com.au [Source type: Original source]

^ Are you saying that all these old books were sent back in time by this fringe group?
  • Daily Kos: The "Missing" 13th Amendment, an odd Constitution story 13 January 2010 8:16 UTC www.dailykos.com [Source type: Original source]

^ To put everything again into context, it takes a lot of time for all the State legislatures to do things and have everything get up here.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

.The interest from the escrow account was used to fund the New York State Crime Victims Board — an organization that pays the medical and related bills of victims of crime.^ From the NEW YORK HERALD: "The ultimatum of the seceded States is now before the Government at Washington, in this new Constitution adopted by the Congress at Montgomery, Alabama.
  • Southern Messenger � Constitution of the United States of America 13 January 2010 8:16 UTC www.southernmessenger.org [Source type: Original source]

^ During the debate in New York on ratification of the Constitution, it was suggested that the State approve the document on condition that certain amendments the delegates thought necessary be adopted.
  • Proposing a Constitutional Amendment - United States Constitution 13 January 2010 8:16 UTC law.onecle.com [Source type: Original source]

^ J oint Resolution, State of New Jersey Legislature Some very interesting words, that when analyzed in the context in which they were written, begins to shed some light on the Cause.
  • Southern Messenger � Constitution of the United States of America 13 January 2010 8:16 UTC www.southernmessenger.org [Source type: Original source]

.Similar laws in other states remain unchallenged.^ Bingham speaking of the similarity of enforcing other constitutional limitations placed upon the States, said: .
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

^ Because a State law requiring voters to read excludes a greater number of Negroes than others, it does not therefore deny equal protection.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ A number of other states added similar provisos, and the 10 amendments now known as the Bill of Rights were incorporated into the Constitution in 1791.
  • United States Government - The Constitution 13 January 2010 8:16 UTC countrystudies.us [Source type: Original source]

Freedom of the press

In Lovell v. City of Griffin, 303 U.S. 444 (1938), Chief Justice Hughes defined the press as, "every sort of publication which affords a vehicle of information and opinion." Freedom of the press, like freedom of speech, is subject to restrictions on bases such as defamation law.
In Branzburg v. .Hayes, 408 U.S. 665 (1972), the Court ruled that the First Amendment did not give a journalist the right to refuse a subpoena from a grand jury.^ AMENDMENT [VII.] In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
  • How Many Amendments Are There to the Constitution 13 January 2010 8:16 UTC www.docstoc.com [Source type: Original source]

^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ That a trial by jury in suits at common law pending in the State Courts is not a privilege or immunity of national citizenship which the States are forbidden by the Fourteenth Amendment to abridge.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

.The issue decided in the case was whether a journalist could refuse to "appear and testify before state and Federal grand juries" basing the refusal on the belief that such appearance and testimony "abridges the freedom of speech and press guaranteed by the First Amendment."^ Suppressions of speech are not violations of the First Amendment unless the State does the suppressing.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ He can do this from his right of free speech and freedom of the press.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ Citizen Amendment 20 Freedom of Speech .
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

.The 5-4 decision was that such a protection was not provided by the First Amendment.^ The wearing of armbands with a peace symbol was protected during the Vietnam War as symbolic speech protected under the First Amendment.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ Causing panic : The classic example of speech which is not protected by the First Amendment, because it causes panic, is falsely shouting "fire" in a crowded theater.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

^ Controversies about speech protected by the First Amendment seem to arise because the speech at issue is unpopular or controversial or highly offensive for various reasons.
  • First Amendment 11 September 2009 21:34 UTC www.csulb.edu [Source type: Original source]

Taxation of the press

.State governments retain the right to tax newspapers, just as they may tax other commercial products.^ Reason for Citizen Amendment 2 The United States Government has interfered in the internal affairs of other governments, and has refused to have a dialog with others.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ We would not be America if there was no right to bear arms and over through a government that is not just.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 13 January 2010 8:16 UTC pajamasmedia.com [Source type: Original source]

^ The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.
  • Terrella Media, Inc. » The United States Constitution 13 January 2010 8:16 UTC www.terrella.com [Source type: Original source]
  • U.S. CONSTITUTION 13 January 2010 8:16 UTC www.ontheissues.org [Source type: Original source]

Generally, however, taxes that focus exclusively on newspapers have been found unconstitutional. In Grosjean v. .American Press Co. 297 U.S. 233 (1936), the Court invalidated a state tax on newspaper advertising revenues.^ If the 14 th Amendment empowered Federal Courts to enforce the Bill of Rights against the States, this was one of the best kept secrets in American history.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

^ But this does not authorize the taxing of the salaries of the justices of the Supreme Court of the United States and of the judges of the inferior Federal courts, for it is forbidden 98 that they be diminished.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ And does not the State and Federal Governments regulate the " Church " through their Revenue and Tax Codes under their purported corporate authority?
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

Similarly, some taxes that give preferential treatment to the press have been struck down. In Arkansas Writers' Project v. .Ragland, 481 U.S. 221 (1987), for instance, the Court invalidated an Arkansas law exempting "religious, professional, trade and sports journals" from taxation since the law amounted to the regulation of newspaper content.^ The Supreme Court shall be responsible for creating and maintaining a dictionary of the legal meaning of all the words and word sequences being used in laws and regulations.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ The Court concluded that to make religious rule or law superior to civil law would make each person "law unto himself" and render the government ineffectual and irrelevant.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ Of the Thirteenth Amendment a Federal court said: "It trenches directly upon the power of the States and of the people of the States, It is the first and only instance of a change of this character in the organic law.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

In Leathers v. .Medlock, 499 U.S. 439 (1991), the Supreme Court found that states may treat different types of the media differently, such as by taxing cable television, but not newspapers.^ Ohio, 367 U.S. 643 (1961), the Supreme Court ruled the Fourth Amendment to be applicable to the state governments by way of the Due Process Clause of the Fourteenth Amendment.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Many forms of regulation by States have been held by State supreme courts and by the Supreme Court of the United States not to be abridgments under this clause of the rights or privileges of the citizens of the United States, such as the regulation of professions and occupations, of the manufacture of foods, of jury trials and criminal prosecutions, and so on.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]
  • Terrella Media, Inc. » The United States Constitution 13 January 2010 8:16 UTC www.terrella.com [Source type: Original source]
  • THE UNITED STATES CONSTITUTION - We the People 13 January 2010 8:16 UTC constitutionus.com [Source type: Original source]
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 13 January 2010 8:16 UTC www.worldalmanacforkids.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • Constitution of the United States 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 13 January 2010 8:16 UTC www.pueblo.gsa.gov [Source type: Original source]
  • Constitution of the united States 13 January 2010 8:16 UTC www.veindoctorny.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES 13 January 2010 8:16 UTC www.endtimesreport.com [Source type: Original source]

.The Court found that "differential taxation of speakers, even members of the press, does not implicate the First Amendment unless the tax is directed at, or presents the danger of suppressing, particular ideas."^ However an amendment is proposed, it does not become part of the Constitution unless it is ratified by three-quarters of the states (either the legislatures thereof, or in amendment conventions).
  • Ratification of Constitutional Amendments - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: FILTERED WITH BAYES]

^ Furthermore, although the dictionaries do not exclude any particular types of oral communication from the definition of “speech,” the Supreme Court has held, in light of the historical context, that the First Amendment does not protect obscene speech, Roth, 354 U.S. at 481-85, 488; [*24] Miller v.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

Content regulation

The courts have rarely treated content-based regulation of journalism with any sympathy. In Miami Herald Publishing Co. v. .Tornillo, 418 U.S. 241 (1974), the Court unanimously struck down a state law requiring newspapers criticizing political candidates to publish their responses.^ That a trial by jury in suits at common law pending in the State Courts is not a privilege or immunity of national citizenship which the States are forbidden by the Fourteenth Amendment to abridge.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

^ The original system of having state legislatures elect U.S. senators began to break down with the growth of political parties in the mid-19th century.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ Due process of the law disables the State executive officer and State courts from denying State laws of due process before tribunals of justice to any class of persons.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

.The state claimed that the law had been passed to ensure journalistic responsibility.^ So we are told that, at the time Congress and the States were passing laws against abortion, they amended the Constitution to nullify all those laws.
  • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

^ In 1908 a law was passed in Maryland giving the right to vote to all persons who, prior to January 1, 1868, were entitled to vote in that State "and to the lawful male descendants of any person" who was at that time entitled to vote.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ There are other negative provisions in the Constitution of the United States; for example, the express negative provision that no State shall pass any law impairing the obligation of contracts.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

.The Supreme Court found that freedom, but not responsibility, is mandated by the First Amendment and so it ruled that the government may not force newspapers to publish that which they do not desire to publish.^ "These circumstances" , said the Supreme Court, "whatever of falsehood or misconception may have been mingled with their presentation, forced upon the statesmen who had conducted the Federal Government in safety through the crisis of the rebellion and who supposed that by the Thirteenth Article of Amendment they had secured the result of their labors, the conviction that something more was necessary in the way of constitutional protection to the unfortunate race who had suffered so much."
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ We may want to contact you to publish your comment (not your e-mail address) in the newspaper or for a separate story idea.
  • Deseret News | Liberty vs. tyranny 13 January 2010 8:16 UTC www.deseretnews.com [Source type: Original source]

^ Reason for Citizen Amendment 14 Government agencies make rules which have the effect of law, but could be harmful to your health.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

.Content-based regulation of television and radio, however, have been sustained by the Supreme Court in various cases.^ That precedent, however, does not refer to the historical evidence and we know from the briefs in Knight that the historical argument was not presented to the Supreme Court.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ When the Supreme Court held in the 1793 case Chisholm v.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
  • The Constitution of the United States 13 January 2010 8:16 UTC www.worldquest.com [Source type: Original source]

.Since there is a limited number of frequencies for non-cable television and radio stations, the government licenses them to various companies.^ If you own a Radio Station you shall not own Television Stations or Printed News Media.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ In 1929, Congress fixed the total number of Representatives at 435 and it has remained there ever since.
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]

^ Like wise if you own a Television Station you shall not own Radio Stations or Printed News Media and if you own a Printed News Media you shall not own a Radio Station or Television Station.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

.However, the Supreme Court has ruled that the problem of scarcity does not allow the raising of a First Amendment issue.^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ Furthermore, although the dictionaries do not exclude any particular types of oral communication from the definition of “speech,” the Supreme Court has held, in light of the historical context, that the First Amendment does not protect obscene speech, Roth, 354 U.S. at 481-85, 488; [*24] Miller v.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ That precedent, however, does not refer to the historical evidence and we know from the briefs in Knight that the historical argument was not presented to the Supreme Court.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

.The government may restrain broadcasters, but only on a content-neutral basis.^ But a conclusive answer to the contention that this amendment prohibits the legislation in question lies in the fact that the amendment is a limitation only upon the power of congress and the national government, and not upon that of the state.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

In Federal Communications Commission v. .Pacifica Foundation, 438 U.S. 726 (1978), the Supreme Court upheld the Federal Communications Commission's authority to restrict the use of "indecent" material in broadcasting.^ In 1914 the Supreme Court said that a State cannot penalize the assertion by a citizen of a Federal or National right.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ During Obama’s tenure, the Joyce Foundation board planned and implemented a program targeting the Supreme Court.
  • Pajamas Media » Obama and the Attempt to Destroy the Second Amendment 13 January 2010 8:16 UTC pajamasmedia.com [Source type: Original source]

^ Supreme Court decision holding unconstitutional a federal tax on income derived from property and not apportioned among the states.
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]

Petition and assembly

.The right to petition the government has been interpreted to extend to petitions of all three branches: the Congress, the executive and the judiciary.^ 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 a redress of grievances.
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]

^ 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 a redress of grievances.
  • Constitution for the United States of America 13 January 2010 8:16 UTC www.constitution.org [Source type: Original source]
  • The United States Constitution - The U.S. Constitution Online - USConstitution.net 13 January 2010 8:16 UTC www.usconstitution.net [Source type: Original source]
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]
  • THE UNITED STATES CONSTITUTION - We the People 13 January 2010 8:16 UTC constitutionus.com [Source type: Original source]
  • U.S. CONSTITUTION 13 January 2010 8:16 UTC www.ontheissues.org [Source type: Original source]
  • U.S. Constitution - Center for Liberty of Conscience 13 January 2010 8:16 UTC centerforliberty.org [Source type: Original source]
  • Constitution of the United States 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • The Constitution of the United States 13 January 2010 8:16 UTC www.worldquest.com [Source type: Original source]
  • United States Constitution 13 January 2010 8:16 UTC www.usa2076.com [Source type: Original source]

^ The departments and agencies of the executive branch may not spend any money that Congress has not appropriated, or use federal money for any purpose that Congress has not specified.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

.The Supreme Court has interpreted "redress of grievances" broadly; thus, it is possible for one to request the government to exercise its powers in furtherance of the general public interest.^ Government for a redress of grievances.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

^ 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 a redress of grievances.
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 13 January 2010 8:16 UTC www.pueblo.gsa.gov [Source type: Original source]
  • Constitution of the United States, 13 January 2010 8:16 UTC sangre-de-cristo.com [Source type: Original source]

^ Ohio, 367 U.S. 643 (1961), the Supreme Court ruled the Fourth Amendment to be applicable to the state governments by way of the Due Process Clause of the Fourteenth Amendment.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

.However, a few times Congress has directly limited the right to petition.^ To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries: 9.
  • The Constitution of the United States 13 January 2010 8:16 UTC www.worldquest.com [Source type: Original source]

^ However, the Congress is only one of the bodies created to represent the people - and its actions are limited by the language of the 10th Amendment (reference my original posts).
  • Deseret News | Liberty vs. tyranny 13 January 2010 8:16 UTC www.deseretnews.com [Source type: Original source]

^ Plaintiffs also raise, however, a straight First Amendment Petition Clause claim-namely, that they [*8] have a right to receive a government response to or official consideration of their various petitions.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

.During the 1790s, Congress passed the Alien and Sedition Acts, punishing opponents of the Federalist Party; the Supreme Court never ruled on the matter.^ In a 6-3 ruling, the Supreme Court agreed.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ Ohio, 367 U.S. 643 (1961), the Supreme Court ruled the Fourth Amendment to be applicable to the state governments by way of the Due Process Clause of the Fourteenth Amendment.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Congress passed under this constitutional authority the Civil Rights Act of March 1, 1875, another act prohibiting peonage, and some other statutes.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

.In 1835 the House of Representatives adopted the "Gag Rule," barring abolitionist petitions calling for the end of slavery.^ Also called the ''States' Initiative'', the resolution is sponsored by Representative Tom Bliley, one of our distinguished Virginians with us today, and it currently has eight House cosponsors.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

^ Since both houses had adopted the amendment resolution only by a majority, the court held that the Illinois legislature had not ratified the E.R.A. (i.e., the ratification only had to be consistent with the legislature's own rules on the subject) .
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 13 January 2010 8:16 UTC loveforlife.com.au [Source type: Original source]

^ But, by a message of the president of the United States of the 4th of February, 1818, in answer to a resolution of the house of representatives, it appears that this amendment had been ratified only by 12 states, and therefore had not been adopted.
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 13 January 2010 8:16 UTC loveforlife.com.au [Source type: Original source]

.The Supreme Court did not hear a case related to the rule, which was in any event abolished in 1844. During World War I, individuals petitioning for the repeal of sedition and espionage laws (see above) were punished; again, the Supreme Court did not rule on the matter.^ Moore appealed the ruling to the Supreme Court, but the high court refused to hear the case.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ In a 6-3 ruling, the Supreme Court agreed.
  • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

^ When the Supreme Court held in the 1793 case Chisholm v.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

The right of assembly was originally closely tied to the right to petition. One notable case involving the two rights was United States v. Cruikshank, 92 U.S. 542 (1875). .There, the Supreme Court held that citizens may "assemble for the purpose of petitioning Congress for a redress of grievances."^ 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 a redress of grievances.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]
  • U.S. CONSTITUTION 13 January 2010 8:16 UTC www.ontheissues.org [Source type: Original source]
  • U.S. Constitution - Center for Liberty of Conscience 13 January 2010 8:16 UTC centerforliberty.org [Source type: Original source]
  • Constitution of the United States 13 January 2010 8:16 UTC www.history.com [Source type: Original source]
  • The Constitution of the United States 13 January 2010 8:16 UTC www.worldquest.com [Source type: Original source]
  • United States Constitution 13 January 2010 8:16 UTC www.usa2076.com [Source type: Original source]

^ Many forms of regulation by States have been held by State supreme courts and by the Supreme Court of the United States not to be abridgments under this clause of the rights or privileges of the citizens of the United States, such as the regulation of professions and occupations, of the manufacture of foods, of jury trials and criminal prosecutions, and so on.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

^ The departments and agencies of the executive branch may not spend any money that Congress has not appropriated, or use federal money for any purpose that Congress has not specified.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

.Essentially, it was held that the right to assemble was secondary, while the right to petition was primary.^ Freedom of speech, of press, right to assemble and to petition.
  • Constitution of the United States 13 January 2010 8:16 UTC www.history.com [Source type: Original source]

^ In cases involving petitions to state agencies, the Supreme Court has held that the Petition Clause does not provide a right to a response or official [*9] consideration.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

^ Cruikshank (right to assemble and petition the Government); Article II: United States v.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]

.Later cases, however, have expanded the meaning of the right to assembly.^ That does, however, mean that the rest of us have an equally protected right to point out the stupidity of what you say.
  • HorsesAss.Org » Blog Archive » Palin: Free Press Threatens 1st Amendment 11 September 2009 21:34 UTC www.horsesass.org [Source type: Original source]

Hague v. CIO, 307 U.S. 496 (1939), for instance, refers to the right to assemble for the "communication of views on national questions" and for "disseminating information."

Freedom of association

Although it is not explicitly protected in the First Amendment, the Supreme Court ruled, in NAACP v. .Alabama, 357 U.S. 449 (1958), freedom of association to be a fundamental right protected by it.^ It protects the black man in his fundamental rights as a citizen with the same shield which it throws over the white man.
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

In Roberts v. .United States Jaycees, 468 U.S. 609 (1984), the Supreme Court held that associations may not exclude people for reasons unrelated to the group's expression.^ Ohio, 367 U.S. 643 (1961), the Supreme Court ruled the Fourth Amendment to be applicable to the state governments by way of the Due Process Clause of the Fourteenth Amendment.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Article XVII. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
  • Terrella Media, Inc. » The United States Constitution 13 January 2010 8:16 UTC www.terrella.com [Source type: Original source]

^ That is why, when we considered nominees for the Federal courts, we insisted on strict constructionists, people who held firmly to the framework of the Constitution.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

However, in Hurley v. .Irish-American Gay, Lesbian, and Bisexual Group of Boston, 515 U.S. 557 (1995), the Court ruled that a group may exclude people from membership if their presence would affect the group's ability to advocate a particular point of view.^ Reason for Citizen Amendment 7 The purpose of voting in our Republic is to elect people who will represent our point of view.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ Page 77 PREV PAGE TOP OF DOC     If you saw out across the United States people in favor of some particular idea, or the Supreme Court has made some sort of ruling that is so universally objectionable, then they would be asking for the change.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

^ Supreme Court stated that “[t]he history may help explain why the Court consistently has declined to take a rigid, absolutist view of the Establishment Clause.
  • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

Likewise, in Boy Scouts of America v. .Dale, 530 U.S. 640 (2000), the Supreme Court ruled that a New Jersey law, which forced the Boy Scouts of America to admit an openly gay member, to be an unconstitutional abridgment of the Boy Scouts' right to free association.^ Ohio, 367 U.S. 643 (1961), the Supreme Court ruled the Fourth Amendment to be applicable to the state governments by way of the Due Process Clause of the Fourteenth Amendment.
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

^ Restroom New Jersey Tenant Protection Law There are certain unalienable rights that all tenant have in New Jersey.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ In 1914 the Supreme Court said that a State cannot penalize the assertion by a citizen of a Federal or National right.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 13 January 2010 8:16 UTC www.barefootsworld.net [Source type: Original source]

International significance

.Most provisions of the United States Bill of Rights are based on the English Bill of Rights and on other aspects of English law.^ Negative Calorie Food How Freedom of Speech Defines Us as Humans One of the things I have pondered over the years is what if I was not born in the United States, and I was actually in a country where freedom of speech and other basic rights are non-existent?
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ Centuries of Citizenship: A Constitutional Timeline   Highlights selected events pertinent to our constitutional history over the past 200 years The Constitution at a Glance - Section headings in the Constitution, Bill of Rights, and other Amendments  The Constitution of the United States -   Full-text of the preamble and seven articles that make up the US Constitution.
  • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

^ Reason for Citizen Amendment 2 The United States Government has interfered in the internal affairs of other governments, and has refused to have a dialog with others.
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

.The English Bill of Rights, however, does not include many of the protections found in the First Amendment.^ The first ten amendments comprise the Bill of Rights.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ That does, however, mean that the rest of us have an equally protected right to point out the stupidity of what you say.
  • HorsesAss.Org » Blog Archive » Palin: Free Press Threatens 1st Amendment 11 September 2009 21:34 UTC www.horsesass.org [Source type: Original source]

^ We have endeavored to establish that Georgia had a right, in the first place, as a part of the Congress, to act upon the question, `Shall these amendments be proposed?'
  • Legality of the 14th Amendment (Congressional Record) 13 January 2010 8:16 UTC www.civil-liberties.com [Source type: Original source]

.For example, while the First Amendment guarantees freedom of speech to the general populace, the English Bill of Rights only protected "freedom of speech and debates or proceedings in Parliament."^ The first ten amendments comprise the Bill of Rights.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ Citizen Amendment 20 Freedom of Speech .
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ The first ten Amendments, known as the Bill of Rights (ratified Dec.
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]

.The Declaration of the Rights of Man and of the Citizen, a French revolutionary document passed only weeks before Congress proposed the Bill of Rights, contains certain guarantees that are similar to the First Amendment's.^ The first ten amendments comprise the Bill of Rights.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ The amendment, when first proposed by a resolution in Congress, was passed by the Senate, 38 to 6, on Apr.
  • Constitution of the United States 13 January 2010 8:16 UTC www.history.com [Source type: Original source]

^ Commentary: Only Congress can declare war.
  • The Constitution of the United States, Annotated 13 January 2010 8:16 UTC www.america.gov [Source type: Original source]

For instance, it suggests that "every citizen may, accordingly, speak, write, and print with freedom."[13]
.While the First Amendment does not explicitly set restrictions on freedom of speech, other declarations of rights sometimes do so.^ Citizen Amendment 20 Freedom of Speech .
  • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

^ He can do this from his right of free speech and freedom of the press.
  • 1st Amendment - Associated Content - Topic - associatedcontent.com 11 September 2009 21:34 UTC www.associatedcontent.com [Source type: General]

^ The memo also restricted basic First Amendment rights : .
  • Think Progress » 2001 Bush legal memo allowed ‘First Amendment speech and press rights’ to be ’subordinated.’ 13 January 2010 8:16 UTC thinkprogress.org [Source type: Original source]

The European Convention on Human Rights, for example, permits restrictions "in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."[14] Similarly the Indian constitution allows "reasonable" restrictions upon free speech to serve "public order, security of State, decency or morality."[15]
.The First Amendment was one of the first guarantees of religious freedom: neither the English Bill of Rights, nor the French Declaration of Rights, contains a similar guarantee.^ The first ten amendments comprise the Bill of Rights.
  • U.S. Senate: Reference Home > Constitution of the United States 13 January 2010 8:16 UTC www.senate.gov [Source type: Original source]

^ The first ten Amendments, known as the Bill of Rights (ratified Dec.
  • CONSTITUTION OF THE UNITED STATES, 13 January 2010 8:16 UTC www.history.com [Source type: Original source]

^ Again, in the same speech, and after quoting the Fourteenth's entire first section, Bingham declares, “These are the words of Magna Charta, we will not deny to any man right or justice.” .
  • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

See also

References

  1. ^ Mullins, KJ (September 18, 2007). "AA Can Not Be Forced Onto Parolees". DigitalJournal.com. http://www.digitaljournal.com/print/article/229810. Retrieved 10 January 2010. 
  2. ^ This was before the Supreme Court's decision in Marbury v. Madison, 5 U.S. (Cranch 1) 137 (1803)
  3. ^ Civil Liberties: Kentucky and Virginia Resolutions
  4. ^ Sullivan, at 276
  5. ^ "Posadas de Puerto Rico Assoc. v. Tourism Co., 478 U.S. 328 (1986)". FindLaw. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=478&invol=328. Retrieved 2010-01-10. 
  6. ^ Flag Protection Amendment Passes House - July 2001
  7. ^ Opinion of the Court in Williams
  8. ^ PruneYard Shopping Center v. Robins, 447 U.S. 74 (1980); See also Drye v. United States, 528 U.S. 49 (1999) (Ginsburg, J., speaking for a unanimous court, explaining the well-known principle that the right to possess property can be defined as the right to exclude others from it)
  9. ^ See Part III of the Opinion of the Court in Citizens United
  10. ^ 18 U.S.C. § 1752
  11. ^ United States v. Bursey, 416 F.3d 301 (2005)
  12. ^ Sharav, Vera Hassner (February 19, 2009). "Deaths, A Consequence of Forced Psychotropic Drugs". Alliance for Human Research Protection. http://www.ahrp.org/cms/content/view/517/9/. Retrieved 11 January 2010. 
  13. ^ English translation Declaration of the Rights of Man, art. 11
  14. ^ European Convention on Human Rights art. 10 (entered into force Sept. 3, 1953)
  15. ^ Constitution of India, art. 19, cl. 2 (English)

Sources

  • Daniel L. Dreisbach and Mark David Hall. .The Sacred Rights of Conscience: Selected Readings on Religious Liberty and Church-State Relations in the American Founding (Indianapolis: Liberty Fund Press, 2009)
  • Daniel L. Dreisbach, Mark David Hall, and Jeffry Morrison.^ If the 14 th Amendment empowered Federal Courts to enforce the Bill of Rights against the States, this was one of the best kept secrets in American history.
    • U.S. Constitution 14th Amendment - Introduction 13 January 2010 8:16 UTC www.14th-amendment.com [Source type: Original source]

    ^ (Founders Library, JC599.U5 W93 1991) For additional books, search Sterling or Daniel Web Catalog for the subject "freedom of speech," "freedom of the press -- United States," "mass media --law and legislation -- United States," or "privacy, right of."
    • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

    ^ It read, “No discrimination shall be made by any State, nor by the United States, as to the civil rights of persons, because of race, color, or previous condition of servitude.
    • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

    The Forgotten Founders on Religion and Public Life (Notre Dame: University of Notre Dame Press, 2009)
  • Kilman, J. & Costello, G. (Eds). (2000). .The Constitution of the United States of America: Analysis and Interpretation
  • Haynes, C. "Religious liberty in public life" (2004)
  • Hoover Institution.^ Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
    • Terrella Media, Inc. » The United States Constitution 13 January 2010 8:16 UTC www.terrella.com [Source type: Original source]

    ^ [The] Magna Charta of England, to which he referred, and the Magna Charta of the United States of America, as written in your Constitution in words so plain "that the wayfaring man cannot err therein."
    • Historical Analysis of the Meaning of the 14th Amendment's First Section 13 January 2010 8:16 UTC federalistblog.us [Source type: Original source]

    ^ William Rawle's "A View of the Constitution of the United States of America" is online at this site: http://www.constitution.org/wr/rawle-00.htm .
    • Southern Messenger � Constitution of the United States of America 13 January 2010 8:16 UTC www.southernmessenger.org [Source type: Original source]

    "Campaign Finance" (2004)
  • Irons, P. (1999). .A People's History of the Supreme Court New York: Penguin.
  • Emerson, Thomas I. (1963).^ July 4, 1831 James Monroe dies in New York, NY, rejoining both Jefferson and Adams on this significant day in history.
    • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 13 January 2010 8:16 UTC loveforlife.com.au [Source type: Original source]

    ^ When people or companies publicly announce that they are going to violate the law, the Supreme Court shall ensure that the Justice Department prosecutes.
    • Citizen Amendments to the United States Constitution 13 January 2010 8:16 UTC www.citizenamendments.org [Source type: Original source]

    ^ And given the difficulty in the Article V amendment procedures, there are serious difficulties in the people correcting those kinds of constitutional amendments that the Supreme Court, in effect, makes.
    • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

    "Toward a General Theory of the First Amendment". Yale Law Journal 72 (5): 877–956. doi:10.2307/794655. 

External links

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From Wikiquote

.The First Amendment to the United States Constitution, relating to the rights to free speech, a free press, freedom of assembly, freedom to petition, and free exercise of religion, was enacted as part of the Bill of Rights, its ratification occuring on December 15, 1791 with the support of the Virginia Legislature.^ The First Amendment to the United States Constitution states that: 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 people peaceably to assemble, and to petition the Government for a redress of grievances.
  • Research Guide to the First Amendment 13 January 2010 8:16 UTC www.nesl.edu [Source type: Original source]

^ For more information, see: Bill of Rights (United States) .
  • Amendments to the United States Constitution - encyclopedia article - Citizendium 13 January 2010 8:16 UTC locke.citizendium.org [Source type: Original source]

^ The original amendment to the Constitution is the cornerstone of the way of life in the United States, promising citizens the freedoms of religion, speech, press and assembly.
  • First Amendment no big deal, students say - Education- msnbc.com 13 January 2010 8:16 UTC www.msnbc.msn.com [Source type: News]

Contents

Text of the First Amendment

The First Amendment, as passed by the House and Senate and later ratified by the States, reads:
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 a redress of grievances.

Earlier drafts of the Amendment

.
  • The legislature of the United States shall pass no law on the subject of religion nor touching or abridging the liberty of the press.^ "Congress shall make no law ...
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]
    • Freedom's Watchdog: The Press in the United States 13 January 2010 8:16 UTC thesop.org [Source type: Original source]

    ^ United States, or any place subject to their jurisdiction."
    • The United States Constitution | Facebook 13 January 2010 8:16 UTC www.facebook.com [Source type: Original source]
    • The United States Constitution | Facebook 13 January 2010 8:16 UTC www.facebook.com [Source type: Original source]

    ^ Congress shall make no laws touching religion, or infringing the rights of conscience.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    .
    • Charles Cotesworth Pinckney, Resolution offered in the Philadelphia Convention, May 29, 1787. The United States Constitution was enacted without any protection for religion or the press, but with the understanding that a Bill of Rights would shortly be enacted to address these concerns.
  • The Civil Rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, nor on any pretext infringed.^ For more information, see: Bill of Rights (United States) .
    • Amendments to the United States Constitution - encyclopedia article - Citizendium 13 January 2010 8:16 UTC locke.citizendium.org [Source type: Original source]

    ^ The Constitution of the United States : An original print copy of the Constitution, 1787.
    • The Constitution of the United States: Amendments 11-27 13 January 2010 8:16 UTC www.learnnc.org [Source type: Original source]

    ^ Constitution for the united States of America was lost .
    • Constitution for the united States of America was lost - Talkgold HYIP, Investment & Money Forum 13 January 2010 8:16 UTC www.talkgold.com [Source type: Original source]

    .No state shall violate the equal rights of conscience or the freedom of the press, or the trial by jury in criminal cases.^ Amendment VII · Right of trial by jury .
    • The Constitution of the United States of America 13 January 2010 8:16 UTC www.leftjustified.com [Source type: Original source]

    ^ Right to a trial by jury .
    • US Constitution--Bill of Rights--The First Ten Amendments 13 January 2010 8:16 UTC www.ratical.org [Source type: Original source]

    ^ But most state constitutions also call for jury trials in civil as well as criminal cases.
    • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 13 January 2010 8:16 UTC infousa.state.gov [Source type: Original source]

    .
  • No religion shall be established by law, nor shall the equal rights of conscience be infringed.^ "Congress shall make no law ...
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]
    • Freedom's Watchdog: The Press in the United States 13 January 2010 8:16 UTC thesop.org [Source type: Original source]

    ^ Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ The establishment clause reads: "Congress shall make no law respecting any establishment of religion."
    • First Amendment 13 January 2010 8:16 UTC www.lincoln.edu [Source type: Original source]

    .
    • House Select Committee, July 28, 1789.
  • Congress shall make no laws touching religion, or infringing the rights of conscience.^ "Congress shall make no law ...
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]
    • Freedom's Watchdog: The Press in the United States 13 January 2010 8:16 UTC thesop.org [Source type: Original source]

    ^ Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ The establishment clause reads: "Congress shall make no law respecting any establishment of religion."
    • First Amendment 13 January 2010 8:16 UTC www.lincoln.edu [Source type: Original source]

    .
    • Samuel Livermore, August 15, 1789.
  • Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.^ "Congress shall make no law ...
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]
    • Freedom's Watchdog: The Press in the United States 13 January 2010 8:16 UTC thesop.org [Source type: Original source]

    ^ "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."

    ^ The Free Exercise Clause is the part of the 1st Amendment that reads like this (in bold) - "Congress shall make no law regarding the establishment of religion or the free exercise thereof."

    .
  • Congress shall make no law establishing religion, or prohibiting the free exercise thereof.^ "Congress shall make no law ...
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]
    • Freedom's Watchdog: The Press in the United States 13 January 2010 8:16 UTC thesop.org [Source type: Original source]

    ^ "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."

    ^ The Free Exercise Clause is the part of the 1st Amendment that reads like this (in bold) - "Congress shall make no law regarding the establishment of religion or the free exercise thereof."

    .
    • First Senate version, September 3, 1789.
  • Congress shall make no law establishing articles of faith or a mode of worship, or prohibiting the free exercise of religion.^ The first Article gives the power to make laws to the House of Representatives and the Senate.

    ^ "Congress shall make no law ...
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]
    • Freedom's Watchdog: The Press in the United States 13 January 2010 8:16 UTC thesop.org [Source type: Original source]

    ^ It states in the First Amendment,"that congress shall make no law respecting an establish of religion, or prohibiting the free exercise there of; or abridging the freedom of speech..."
    • The First Amendment 13 January 2010 8:16 UTC courses.wcupa.edu [Source type: Original source]

    .
    • Final Senate version, September 9, 1789.
  • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.^ "Congress shall make no law ...
    • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 13 January 2010 8:16 UTC www.law.ucla.edu [Source type: Original source]
    • Freedom's Watchdog: The Press in the United States 13 January 2010 8:16 UTC thesop.org [Source type: Original source]

    ^ "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."

    ^ The Free Exercise Clause is the part of the 1st Amendment that reads like this (in bold) - "Congress shall make no law regarding the establishment of religion or the free exercise thereof."

    • Conference Committee, September 24, 1789.

About the First Amendment

.
  • It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment.^ It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America.
    • The Constitution | The White House 13 January 2010 8:16 UTC www.whitehouse.gov [Source type: Original source]

    ^ James Madison, Thomas Jefferson and the other framers of the Bill of Rights were products of the Age of Enlightenment.
    • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

    .Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind.^ Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ For these reasons, they tend to support the libertarian idea that all speech should be permitted, even that of "the most heinous hate groups."
    • Free Speech, Children, & the First Amendment - Associated Content - associatedcontent.com 13 January 2010 8:16 UTC www.associatedcontent.com [Source type: General]

    ^ Few other countries, however, provide the level of protection for free speech that the First Amendment to our Constitution guarantees.
    • The First Amendment in Schools: The First Amendment and Public Schools -- NCAC 13 January 2010 8:16 UTC www.ncac.org [Source type: Original source]

    .It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope.^ It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Few other countries, however, provide the level of protection for free speech that the First Amendment to our Constitution guarantees.
    • The First Amendment in Schools: The First Amendment and Public Schools -- NCAC 13 January 2010 8:16 UTC www.ncac.org [Source type: Original source]

    ^ Essentially, the First Amendment guarantees a variety of civil liberties and restricts the government from interfering with freedom of speech, the free exercise of religion, the right of privacy, the freedom to assemble, the right to petition the government for redress of grievances, and further guarantees the separation of church and state.
    • First Amendment Lawyer - Basic First Amendment & Censorship Information 13 January 2010 8:16 UTC www.firstamendment.com [Source type: Original source]

    .But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force.^ But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    .Such utterance was not meant to be sheltered by the Constitution.^ Such utterance was not meant to be sheltered by the Constitution.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Often the subject of Supreme Court cases is a determination of what the framers of the Constitution meant by a term in the document, such as 'Due Process'.
    • The Constitution of the United States 13 January 2010 8:16 UTC www.worldquest.com [Source type: Original source]

    .
    • Felix Frankfurter, Milk Wagon Drivers Union of Chicago, Local 753. v.^ Felix Frankfurter , Milk Wagon Drivers Union of Chicago, Local 753.
      • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

      .Meadowmoor Dairies, Inc.
      , 312 U.S. 287, 293 (1941).
  • The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church.^ The First Amendment has the broader phrase 'respecting the establishment of religion' in place of 'establishing religion'.
    • http://www.bbc.co.uk/dna/h2g2/A33105449 13 January 2010 8:16 UTC www.bbc.co.uk [Source type: Original source]

    ^ The Constitution sets up the United States with a federal (national) government plus state governments.

    ^ First Amendment  - Overview and commentary of each clause of this amendment.
    • Constitution Day & Citizenship Day - Howard University 13 January 2010 8:16 UTC www.howard.edu [Source type: Academic]

    .Neither can pass laws which aid one religion, aid all religions or prefer one religion over another.^ Neither can pass laws which aid one religion, aid all religions or prefer one religion over another.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another.
    • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

    ^ Our government by law can not favor one religion over another.
    • first-amendment 13 January 2010 8:16 UTC www.pjentoft.com [Source type: Original source]

    .Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.^ Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]
    • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

    ^ In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State'.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Second, the establishment clause prevents the government from creating a church, endorsing religion in general, or favoring one set of religious beliefs over another.

    .No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance.^ It is a profession of a religious belief, namely, a belief in monotheism.
    • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

    ^ No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]
    • Constitutional Topic: The Constitution and Religion - The U.S. Constitution Online - USConstitution.net 11 September 2009 21:34 UTC www.usconstitution.net [Source type: Original source]

    ^ No comments will be posted containing racial, religious or personal attacks, slander, profanity, email addresses, mailing addresses, phone numbers or website addresses that are for personal or promotional gain.
    • Guess who's coming to the federal bench in Wisconsin? 13 January 2010 8:16 UTC lakelandtimes.com [Source type: Original source]

    In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between Church and State'.
  • The First Amendment is often inconvenient.^ Nor is [*16] the Supreme Court’s rejection of literalism limited to the First Amendment.
    • IRS Tax Law » We the People Foundation, Inc. v. United States, 2007 U.S. App. LEXIS 10849 (2007). 13 January 2010 8:16 UTC www.irstaxtrouble.com [Source type: Original source]

    ^ Prohibition of Liquor; Proposed Decembery 18, 1917 - Ratified January 16, 1919 (Repealed by the Twenty-First Amendment .
    • United States Constitution - Amendments XI-XX 13 January 2010 8:16 UTC www.mhswethepeople.com [Source type: Original source]

    ^ The Amendment was not ratified together with the first ten Amendments, which became effective on December 15, 1791.
    • FCIC: Constitution of the United States and the Declaration of Independence 13 January 2010 8:16 UTC www.pueblo.gsa.gov [Source type: Original source]

    But that is beside the point. .Inconvenience does not absolve the government of its obligation to tolerate speech.^ Inconvenience does not absolve the government of its obligation to tolerate speech.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ The Constitution does not authorize the government to assess the content of speech and the curtail the speech it judges to be irresponsible or wrong.
    • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

    ^ The Constitution does not say that the government can determine what is right or wrong in accordance with speech on the Internet.
    • The First Amendment 13 January 2010 8:16 UTC courses.wcupa.edu [Source type: Original source]

    .
    • Anthony Kennedy, International Society for Krishna Consciousness v.^ Anthony Kennedy , International Society for Krishna Consciousness v.
      • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

      .Lee
      , 505 U.S. 672, 672 (1992) (concurring).
  • You do not define the First Amendment.^ Robert J. Wagman, writing in “The First Amendment Book,” says that while you’d expect the last decades of the nineteen century and the first few of the twentieth to have been a “proving ground for the First Amendment .
    • First Amendment - Future of the First Amendment 13 January 2010 8:16 UTC firstamendment.jideas.org [Source type: Original source]

    ^ They will cite the First Amendment which they claim to define the separation of church and state.

    ^ The Court, in LaRue and 44 Liquormart , wrestled with the question of whether the Twenty-First Amendment qualified the First Amendment.  What do you think is the best answer to that question?
    • Amending the Constitution: The Meaning of Article V 13 January 2010 8:16 UTC www.law.umkc.edu [Source type: Original source]

    It defines you. .And it is bigger than you.^ And it is bigger than you.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    .That's how freedom works.^ That's how freedom works.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    .It also demands you do your homework.^ It also demands you do your homework.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Of course, there's nothing to stop you from using our petition as a template to demand action in your state as well.
    • Keep and Bear Arms - Gun Owners Home Page - 2nd Amendment Supporters 13 January 2010 8:16 UTC keepandbeararms.com [Source type: Original source]

    ^ Passion may beget anger, but persuasion demands that you limit your public words to the passion part, and tell your personal friends what idiots we are.
    • An Amendment to the United States Constitution - by IdeaScale 13 January 2010 8:16 UTC opengov.ideascale.com [Source type: Original source]

    .
  • You could say that the paparazzi and the tabloids are sort of the "assault weapons" of the First Amendment.^ You do not define the First Amendment.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ "You could pass another amendment that could erase the First Amendment or erase the Second Amendment."
    • The Constitution, Designed to Change, Rarely Does - WSJ.com 13 January 2010 8:16 UTC online.wsj.com [Source type: News]

    ^ Could you say that last sentence again.
    • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 13 January 2010 8:16 UTC commdocs.house.gov [Source type: Original source]

    .They're ugly, a lot of people don't like them, but they're protected by the First Amendment — just as "assault weapons" are protected by the Second Amendment.^ But if their copyrighted works are not speech, then they can't have First Amendment protection.
    • The First Amendment vs. Federal Copyright Law 13 January 2010 8:16 UTC www.krusch.com [Source type: Original source]

    ^ They say the cartoons are protected under the First Amendment .
    • First Amendment to the United States Constitution, Constitutional Amendment - News - Evri 13 January 2010 8:16 UTC www.evri.com [Source type: FILTERED WITH BAYES]

    ^ Are any forms of expression not protected by the First Amendment?
    • Freedom of Expression: The First Amendment 13 January 2010 8:16 UTC www.lectlaw.com [Source type: Original source]

    .
  • I find the speech in this case patently offensive, hateful, and insulting.^ I find the speech in this case patently offensive, hateful, and insulting.
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Charlton Heston , Speech to the National Press Club (14 September 1997).
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    ^ Charlton Heston , Interview Fox News Channel (15 September 1997).
    • First Amendment to the United States Constitution - Wikiquote 13 January 2010 8:16 UTC en.wikiquote.org [Source type: Original source]

    .The Court should not, however, gloss over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives because it is confronted with speech it does not like.^ While the language of the First Amendment appears absolute, freedom of speech is not an absolute right.
    • First Amendment 13 January 2010 8:16 UTC www.lincoln.edu [Source type: Original source]

    ^ Freedom of speech does not protect: .
    • First Amendment 13 January 2010 8:16 UTC www.lincoln.edu [Source type: Original source]

    ^ The First Amendment protects one and all with freedom of speech and the press.
    • The First State Celebrates Constitution Day 13 January 2010 8:16 UTC www.law.widener.edu [Source type: Original source]

See also

External links


Simple English

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The First Amendment to the United States Constitution is a part of the United States Bill of Rights that protects freedom of speech, freedom of religion, freedom of assembly, freedom of the press, and right to petition. It also does not allow the government to establish a national religion or to say any certain religion or religion in general, is true. It allows people to debate religion freely without the government getting involved. It also gives everyone certain rights which cannot be taken away or violated.

Text

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 a redress of grievances.

Related pages


Citable sentences

Up to date as of December 12, 2010

Here are sentences from other pages on First Amendment to the United States Constitution, which are similar to those in the above article.








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