First Amendment

On the side of kicking him off the air, Jane Fonda, Robin Morgan and Gloria Steinem. On the side of protecting his right to free speech, Marc J. Randazza. This is not the same debate over whether the subject of his diatribe has a valid defamation claim against him. I wrote...

[caption id="" align="alignright" width="150" caption="Don't Bogart our First Amendment Rights"][/caption] The "Family Smoking Prevention and Tobacco Control Act", Pub. L. No. 111-31, 123 Stat. 1776 (2009) gave the FDA the authority to regulate the manufacture and sale of cigarettes and other tobacco products. Under that law, Congress mandated that the...

Lee County, Floriduh: Sheriff Mike Scott, (who I wrote about here) didn't like being questioned about a federal lawsuit filed against his department. To show everyone that he's boss, he decided that the Fort Myers News Press will no longer have the right to ask questions at press...

Pennsylvania District Judge Mark Martin needs to review his First Amendment law a little more carefully. Ernie Perce, an atheist who marched in a Halloween parade last year dressed as “zombie Mohammed,” was before Judge Martin after he alleged he was attacked by Talaag Elbayomy, a Muslim who took action...

From Charles Platt A judge in Pennsylvania who just happens to be of muslim faith informed a plaintiff that the 1st Amendment doesn't necessarily give you the right to "p people off." The plaintiff had worn a "Zombie Mohammed" costume in a public parade in Mechanicsburg, thus enraging a muslim observer...

[youtube=http://www.youtube.com/watch?v=ZkA-rffPVaw] A man was arrested for wearing a jacket with a political message on it while in the history exhibit at the United States Supreme Court. Yes, the same United States Supreme Court that said it was Paul Robert Cohen's right to wear a jacket in a courthouse emblazoned with...

Today, the Supreme Court in Hosanna-Tabor Church v. EEOC  issued a unanimous ruling on the First Amendment.  While this blog regularly celebrates the Freedom of Speech clause, the decision focuses primarily on the Free Exercise Clause and, to a lesser extent, the Establishment Clause. In a nutshell: Church had 2 types of...

By J. DeVoy Pundits were concerned earlier this year when the U.S. Attorney for the District of Maryland brought a criminal action against William Lawrence Cassidy.  His alleged crime?  Posting 8,000 harassing twitter messages about Alyce Zeoli, a buddhist leader in Maryland.  The Court dismissed the Government's case, as Cassidy's anonymous speech...

Dig if you will the picture of an old guy holding a sign reading “jury info” and handing out pamphlets to random folks in a courthouse plaza in New York.  The pamphlets explain a nifty Constitutional doctrine called “Jury Nullification”.  Now imagine that old guy being prosecuted for jury tampering...