Posts Tagged ‘First amendment’
There’s no ‘disinformation’ exception to the First Amendment | The Hill
Misinformation and disinformation retain the basic characteristics of speech. Unless they fall into one of very few exceptions, they are protected from censorship under the First Amendment. Consistent with those very limited exceptions, any effort by the government to prevent the dissemination of ideas or opinions, even if they are based on untruths, is unconstitutional.…
Read MoreJack Smith’s requested gag order, like judicial orders restricting Trump’s speech, seeks to balance constitutional rights | The Conversation
In each of former President Donald Trump’s four indictments, he has been allowed to stay out of jail before his trial so long as he abides by certain conditions commonly applied to most people accused of crimes in the U.S. In the federal case in Washington, D.C., that concerns Trump’s alleged efforts to overturn the…
Read MoreJack Smith’s Trump indictment goes where free speech ends and criminal conspiracy begins | The Hill
Before Monday’s additional state indictment in Georgia, former President Trump stood accused in federal court of criminal conspiracy to subvert the 2020 presidential election results. Conspiracy charges, by their very nature, include communication. But on the second page of the federal indictment, in the third enumerated paragraph, the prosecution attempts to make clear that Trump is not being…
Read MoreIndoctrination, Orthodoxy and The First Amendment | Medium
Whether it comes from the right or the left, viewpoint discrimination is poison to democracy. And these days, it is coming from both sides. It is positively Orwellian — each side hopes it can exorcize words and phrases from the lexicon and thereby purge unwanted perspectives from our collective thoughts. Each seeks to cancel the…
Read MoreGiuliani claims the First Amendment lets him lie – 3 essential reads | The Conversation
From The Conversation: In his response to a lawsuit filed by two Georgia election workers who said Rudy Giuliani harmed them by falsely alleging they mishandled ballots in the 2020 presidential election, Giuliani has admitted lying. But he says the women suffered no harm – and claims that his lies are protected by the First Amendment to…
Read MoreWhat the First Amendment really says – 4 basic principles of free speech in the US | The Conversation
Elon Musk has claimed he believes in free speech no matter what. He calls it a bulwark against tyranny in America and promises to reconstruct Twitter, which he now owns, so that its policy on free expression “matches the law.” Yet his grasp of the First Amendment – the law that governs free speech in the U.S.…
Read MoreCommentary: Here’s what diversity is about, Justice Thomas | Albany Times Union
Dear Justice Thomas, I am a professor at Syracuse University. I teach argumentation, advocacy, and First Amendment theory. During oral arguments in the affirmative action cases brought by Students for Fair Admissions against the University of North Carolina and Harvard University you are quoted saying, “I’ve heard the word ‘diversity’ quite a few times, but…
Read MoreThe Anti-Abortion Movement’s Attempt to Criminalize Abortion Speech | Ms. Magazine
Censorship is a dirty word in America, and so it should be. It imposes silence upon speech, creating an empty void which instead should be filled with debate and discussion. As anti-abortion lawmakers continue to draft legislation to limit abortion access, opponents of new bans are horrified by the sweeping prohibitions lurking within—such as proposals that…
Read MoreCommentary: Limiting commercial speech would be way to fight gun manufacturers | Albany Times Union
In a recent article, “Gun sellers’ message to Americans: Man up,” the New York Times wrote, “Gun companies have spent the last two decades scrutinizing their market and refocusing their message….The sales pitch — rooted in self-defense, machismo and an overarching sense of fear — has been remarkably successful.” That’s correct, but legislatures might have…
Read MoreIncitement to Violence and The Big Lie | Medium
The work of the January 6 committee serves as a masterclass on the power, potency, and purpose of the First Amendment: to subject all ideas, bad and good, to review and debate as an exercise in discovering the truth. But as some of us watch the televised hearings, we might wonder if the First Amendment…
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