Twenty-first Amendment of the Constitution of Ireland - introduced a constitutional ban on the death penalty
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The Supreme Court of the United States decided the case, which began in 1999, and found that, contra the Court of Appeals for the Third Circuit, "the Child Online Protection Act COPA's reliance on community standards to identify 'material that is harmful to minors' does not by itself render the statute substantially overbroad for purposes of the First Amendment" (majority opinion).
, 482 U.S. 569 (1987), is a case in which the United States Supreme Court held that an ordinance prohibiting all "First Amendment activities" in the Los Angeles International Airport was facially unconstitutional due to its overbreadth.
The term was coined in 1962 by the then-dean of Yale Law School, Eugene Rostow, and has been used since 1984 by the Supreme Court of the United States to assess exemptions from the Establishment Clause of the First Amendment to the U.S. Constitution.
The court upheld, against a First Amendment challenge, the policy of the University of California, Hastings College of the Law governing official recognition of student groups, which required the groups to accept all students regardless of their status or beliefs in order to obtain recognition.
Their site describes her as having "long been involved in electing progressive candidates, advancing women, First Amendment issues, and advancing treatment for people with HIV/AIDS."
Cherney and the late Bari's estate were awarded $4.4 million for violations of the First Amendment (freedom of speech) and the Fourth Amendment (the right to be free from unlawful arrest and illegal search and seizure).
Believing this closure to be a violation to First Amendment rights to speech and press, The Detroit News, Detroit Free Press, Metro Times, Haddad, and Michigan Representative John Conyers filed a suit against John Ashcroft, Michael Creppy, and Immigration Judge Elizabeth Hacker (the Government) claiming that the Creppy Directive was unconstitutional.
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The plaintiffs, Detroit Free Press, Detroit News, Michigan Representative John Conyers, and Rabih Haddad argued that it was a violation of the First Amendment for the defendants, Attorney General Ashcroft, Chief Immigration Judge Creppy, and Immigration Judge Elizabeth Hacker, to apply a blanket ruling of the Creppy Directive in order to keep immigration hearings closed to the press and the public.
140 F. Supp. 2d 1088 (2001), was a federal case decided by United States District Court for the Western District of Washington, on the issue of an individual’s First Amendment right to speak anonymously on the Internet and a private party’s right to disclose the identity of the anonymous Internet user by enforcing a civil subpoena.
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Although the court did not find suitable federal court authority on the issue of a third-party seeking through a civil subpoena to reveal the identities of anonymous Internet users, the court maintained that the anonymity of Internet speech is protected by the First Amendment.
In 1996 Sloviter was a member of a three-judge panel of the Eastern District of Pennsylvania which heard a challenge to the Communications Decency Act, Title V of the Telecommunications Act of 1996, on grounds that it abridged the free speech provisions of the First Amendment.
The award is intended to reflect the spirit of former U.S. statesman and president James Madison, traditionally regarded as the "Father of the United States Constitution" and primary author behind the George Mason-inspired United States Bill of Rights, and in particular the First Amendment.
In that case, the California Supreme Court held that Nike could not claim a First Amendment "commercial free speech" defense when charged with lying about sweatshop conditions in its overseas manufacturing plants.
Judge McLaughlin found the Attorney General’s office in violation of the First Amendment rights of plaintiffs in the United States Constitution with reference to Robert H. Jackson in American Communications Association v. Douds.
He cited the writings of James Madison and pointed to the changing versions of the First Amendment that the First Congress considered as opposed to the version it eventually adopted.
In Wisconsin v. Mitchell (1993) the Supreme Court unanimously held that state penalty-enhancement laws for hate crimes were constitutional and did not violate First Amendment rights to freedom of thought and expression.
For example, the first Congress that passed the First Amendment enacted legislation providing for paid Chaplains in the House and Senate, and "It has long been the practice that federal employees are released from duties on Thanksgiving and Christmas while being paid."
Lustbader argued that "vicious and deliberately false statements made during a campaign" are not protected forms of free speech guaranteed by the First Amendment.
Judge Victor Marrero of the Southern District of New York found on 28 September 2004, that NSLs violate the Fourth Amendment ("it has the effect of authorizing coercive searches effectively immune from any judicial process") and First Amendment.
A three-judge panel of the United States Court of Appeals for the Second Circuit in Manhattan ruled on December 5, 2012 that a drug sales representative who was criminally prosecuted for making off-label promotional statements about Xyrem had suffered a violation of his First Amendment right to freedom of speech.
Al-Amin, citing his First Amendment rights appealed to the City Personnel Board, and with backing and support of the Omaha Chapter of the NAACP, the Coalition Against Injustice, Black Men United, and Rev. Al Sharpton's National Action Network.
Pardon My Scotch was filmed four months after the ratification of the Twenty-first Amendment to the United States Constitution, which ended the American experiment with Prohibition.
It gives grants and in-kind contributions, such as advertising space in the Playboy magazine to organizations concerned with US First Amendment freedoms.
Two versions of the disc packaging were created: one album featured cover artwork by singer Perry Farrell, related to the song "Three Days" and including male and female nudity; the other cover has been called the "clean cover", and features only black text on a white background, listing the band name, album name, and the text of the First Amendment (the "freedom of speech" amendment) of the U.S. Constitution.
The First Amendment of the United States Constitution, offering freedom of speech, has been criticized in a 2004 political manifesto by David Fergusson entitled Church, state and civil society.
Other critics believe that the imposition of Internet filtering software without the consent of the user constitutes a violation of the First Amendment.
Kelly Segraves, parent of three schoolchildren, sued the State of California, arguing that it violated the Free Exercise Clause of the First Amendment to the US Constitution by teaching evolution.
The Council is opposed to tuition vouchers as a threat to the liberty and independence of religious schools, opposed to proposed amendments that would alter the Establishment Clause of the First Amendment, and opposed to government sponsored religious activities in public schools.
Duval ruled in favor of Planned Parenthood of America, which took the view that the choice of displaying the plates violated the First Amendment to the United States Constitution because there was no alternative display available for supporters of abortion.
Star Tribune columnist Katherine Kersten spurred an inquiry into TiZA by the Minnesota Department of Education after her column suggested the school had violated the Establishment Clause of the First Amendment to the United States Constitution by teaching religion in the schools.
Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution.
The constitutionality of the modern national motto has been questioned with relationship to the separation of church and state outlined in the First Amendment.
A few states once staged a blanket primary, in which voters could vote for one candidate in multiple primaries, but the practice was struck down by the U.S. Supreme Court in the 2000 case of California Democratic Party v. Jones as violating the freedom of assembly guaranteed by the First Amendment.
In 1980, he won a first amendment case in U.S District Court Third Circuit that opened up the Mummers Parade to women, minorities, and new entrants.
Lyng v. Northwest Indian Cemetery Protective Association, in 1988, denied the Yurok, Tolowa, and Karok tribes their rights to religious freedom under the first amendment by ruling in favor of the United States Forest Service.
In addition to the plaintiffs ACLU et al., several witnesses testified in defense of first amendment rights on the Internet, including the director of the Erotic Authors Association, Marilyn Jaye Lewis.
Establishment Clause of the First Amendment to the United States Constitution, forbidding Congress from establishing a religion
The ruling went on to cite a U.S. Supreme Court decision which had held that if prohibiting the exercise of religion is merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.
James C. Duff is the president and CEO of the Freedom Forum, the nonpartisan foundation dedicated to the First Amendment and media issues and which runs Washington, D.C.’s Newseum, the First Amendment Center, and the Diversity Institute at Vanderbilt University in Nashville, Tennessee.
A student of Amador Valley High School claimed a violation of his first amendment right of speech when parts of his salutatorian speech were censored.
Walters has filed Amicus Curiae briefs at the United States Supreme Court, on behalf of the First Amendment Lawyers Association, in two significant Free Speech cases; United States v. Stephens, dealing with depictions of animal cruelty, and Brown v. Entertainment Merchants Association.
Justice William Brennan, joined by Chief Justice Earl Warren and Justice William O. Douglas, concurred but would have decided the case on much narrower technical rather than First Amendment grounds.
Justice John Paul Stevens, in a dissent joined by Justice Souter and Justice Ginsburg, argued that "the Court does serious violence to the First Amendment in upholding—indeed, lauding—a school's decision to punish Frederick for expressing a view with which it disagreed".
Chief Justice of the United States John Roberts uses the phrase disparagingly in his majority opinion concerning the government's assertion that it will selectively prosecute animal cruelty videos based on their own interpretation of The First Amendment in United States v. Stevens.
In the case of Ryan Hart vs. Electronic Arts, the OTW (in combination with the Digital Media Law Project and the International Documentary Association) submitted a brief arguing that Electronic Arts's use of factual information, (such as the height, weight, and jersey number of football players) in creative works (in this case, video games) is protected by the First Amendment.
Together with Robert D. Sack, a judge on the United States Court of Appeals for the Second Circuit in Manhattan, he coauthored the 1998 book Advertising and Commercial Speech: A First Amendment Guide.
Robert Pinsky won the Lifetime Achievement Award; Dave Eggers received the Award of Honor for his work with 826LA; Charles Bowden received the prestigious First Amendment Award; and Ellie Herman was given the Freedom to Write (Domestic) Award for her work with PEN In The Classroom.
Chief Justice Gerry L. Alexander wrote a separate concurring opinion, which stated that "the majority goes too far in concluding that any government censorship of political speech would run afoul of the First Amendment to the United States Constitution."
Before founding the Five Freedoms Project, Sam spent five years at the First Amendment Center as the co-director of the First Amendment Schools program, a national K-12 reform initiative.
Sherbert v. Verner, a United States Supreme Court case involving the Free Exercise Clause of the First Amendment to the Constitution
Floyd Abrams, a leading First Amendment attorney, said the AIPAC case "is the single most dangerous case for free speech and free press" (Washington Post, March 31, 2006) and Alan Dershowitz called it “the worst case of selective prosecution I have seen in 42 years of legal practice” (Jerusalem Post, January 31, 2006).
In 1990, Tom Toles brought the News its second Editorial Cartooning award, for his work throughout the year (although his piece "First Amendment" is often cited as the "exemplary" work that merited the award).
The Supreme Court first held this in Harper & Row v. Nation Enterprises (1985), where copyright law was upheld against a First Amendment free speech challenge.
:This is about pacifism-related case that involved Daniel Seeger; for the First-Amendment- and HUAC-related case Seeger v. United States, see Pete Seeger.
Justice Sandra Day O'Connor delivered the opinion stating, "a state, consistent with the First Amendment, may ban cross burning carried out with the intent to intimidate."
In a 1981 decision later reversed by the United States Court of Appeals for the Second Circuit, in a case brought by Harpo Marx's widow Susan Fleming, Conner ruled that the producers of A Day in Hollywood / A Night in the Ukraine had improperly used the Marx Brothers characters in their Broadway theatre production and that the publicity rights of the comedians, even after their deaths, overrode the First Amendment claims of the show's creators.