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The Bill of rights exist to protects us from the government
Constitution (source of law)
Exception: Rider is a private institution they can take away your freedom of speech
14th amendment says bill of rights applies to state as well federal and state both have to follow the bill of rights |
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There are lost of Exceptions to the 1st Amendment
There are tons of laws that restrict your speech
Regulations: Overbroad vs Vague Chilling Effect and Selective Enforcement |
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| If you regulate speech based on its content with very few exception it will FAIL you can regulate based on factors that are not related to the content of speech |
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You cannot punish or censor speech until after it is said
Exceptions: National Security (used alot to punish or censor speech) |
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| If the government regulates speech that promotes or creates illegal action or breech of the peace they must show that action or breech of the peaces definetly was or would have happened nearly instantaneously |
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| The first amendment protect commercial speech but that is less then other forms of speech |
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| The first amendment protects adult expression unless it is obscene |
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| If it has SLAPS it cannot be obscene |
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| Constitutional law of libel (NY v. Sullivan gives special protection to speech about public people and public matters |
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| The presses first amendment rights are no greater or lesser then those other members of the public |
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