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58 votes
Accepted

Why aren't the Congressional limits on press coverage during the Trump impeachment trial considered a breach of the first amendment?

Freedom of the press means that anyone can publish anything they know without having to obey government gag orders. The government is not required to keep journalists informed. Freedom of the press is ...
Rainer P.'s user avatar
  • 966
40 votes

Is it unconstitutional for a public US official to block someone on social media for disagreement?

The constitution only limits and gives power to the branches of government. The constitution does not apply to individual citizens. Basically it tells the federal government what it can and can't do. ...
YellowBadger's user avatar
  • 1,961
39 votes

Would it be illegal for Facebook to actively promote a political agenda?

1) They would be absolutely allowed to promote any political agenda as a publisher, but not necessarily as a platform. It's contentious whether famous Section 230 allows them to find a perfect sweet ...
Shadow1024's user avatar
  • 5,917
35 votes
Accepted

What protections does the 1st Amendment offer US citizens in terms of local and state law?

Brain Z's answer is correct; the 14th Amendment extends the protections offered in the Bill of Rights to the states. This is known as the incorporation clause. So really, at the heart of your ...
Wes Sayeed's user avatar
  • 12.1k
31 votes
Accepted

Is the US house anti-zionism resolution unconstitutional?

While the constitutionality of an action often is ultimately decided in the courts, the pretty clear answer would seem to be no. Independently of whether one agrees with the resolution or not, the ...
Obie 2.0's user avatar
  • 16k
24 votes

Is it unconstitutional for a public US official to block someone on social media for disagreement?

You misunderstood that this applies to personal accounts - it was the other way around: they ruled that Trump's "personal" account was de facto a government account and should be treated as ...
Nobody's user avatar
  • 1,797
23 votes
Accepted

Why hasn't the Supreme Court found the Hatch Act unconstitutional?

The Act's constitutionality was challenged in 1947 in United Public Workers v. Mitchell, and again in 1973 in United States Civil Service Commission v. National Association of Letter Carriers. In both ...
CDJB's user avatar
  • 108k
22 votes

Why is paid lobbying considered a form of 'free speech'?

Let's have a look at the text of the First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of ...
David Schwartz's user avatar
19 votes

Would it be illegal for Facebook to actively promote a political agenda?

Facebook can and does actively promote a political agenda. They even formed a Political Action Committee, FB PAC, through which they donate money to various politicians and PACs (and contrary to ...
CrackpotCrocodile's user avatar
18 votes

What rights do I have as an American citizen when major social websites censor certain news stories or other public opinions?

You have the right to look for other news sources. "Free speech" is about the government restrictions or compulsions, and the First Amendment was originally about Congress alone. (The Fourteenth ...
Mark's user avatar
  • 4,859
17 votes
Accepted

What arguments support claims that the Biden Administration used "threat and coercion" when telling social media that they "have to take speech down"?

The 155-page memorandum ruling on the request for the injunction may be found here, and is a bit too long to reproduce in full, but generally speaking, the allegations of "threat and coercion&...
CDJB's user avatar
  • 108k
15 votes

What protections does the 1st Amendment offer US citizens in terms of local and state law?

This subject has come up repeatedly in the US this year: first with the lockdowns to control the spread of Covid-19 and now the curfews and police actions against protestors against police brutality. ...
Charles E. Grant's user avatar
14 votes

Why aren't the Congressional limits on press coverage during the Trump impeachment trial considered a breach of the first amendment?

People often get this misconception, and it's related to one non-stated factoid: press covering political events are a mutually agreed convention. Politicians give press conferences, and the press ...
Kevin's user avatar
  • 2,431
12 votes

What protections does the 1st Amendment offer US citizens in terms of local and state law?

From Britannica: In 1868, however, the Fourteenth Amendment was added to the U.S. Constitution, and it prohibited states from denying people “liberty” without “due process.” Since then the U.S. ...
Brian Z's user avatar
  • 18.3k
11 votes

Would it be illegal for Facebook to actively promote a political agenda?

This is one of these gray areas where technology has outpaced legislation. Technically speaking, Facebook today might be considered a 'publisher', and therefore free to pursue whatever political ...
tj1000's user avatar
  • 10.5k
10 votes

What rights do I have as an American citizen when major social websites censor certain news stories or other public opinions?

Are we not entitled as American citizens to expect U.S. based social web empires like Twitter, Instagram, Facebook, YouTube, etc., to let us determine for ourselves what is factual and what is not as ...
cpast's user avatar
  • 14.3k
9 votes
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How does the argument go that gerrymandering restricts freedom of association?

It falls to the entire "voters choosing legislators vs legislators choosing their voters" meme. If there is an objective criteria for drawing boundaries in a logical, geometrically simple method, ...
PoloHoleSet's user avatar
  • 20.9k
9 votes

Why is paid lobbying considered a form of 'free speech'?

How isn't it? What do you think lobbying is? I go to a politician and tell them that I want such and such a policy. If they don't vote my way, I won't vote for them the next time they run. ...
Brythan's user avatar
  • 89.8k
9 votes

Did Governor Cuomo suspend First Amendment rights?

The scenario highlighted by your question already exists. Federal policy exists where the Government can steer federal monies away from private companies that have discriminatory practices, under ...
Drunk Cynic's user avatar
  • 10.2k
7 votes

Is it unconstitutional for a public US official to block someone on social media for disagreement?

I read that public officials blocking people on Twitter goes against the 1st amendment. So, what is the difference? To be precise, blocking based on viewpoint was held to go against the First ...
David Schwartz's user avatar
7 votes

Why aren't the Congressional limits on press coverage during the Trump impeachment trial considered a breach of the first amendment?

Rainer P.'s answer already covers that Freedom of the Press doesn't have anything to do with providing information to the press. But even if that weren't true, your question seems to be predicated on ...
Elezar's user avatar
  • 179
6 votes

Why is paid lobbying considered a form of 'free speech'?

Because the only difference between paid lobbying and unpaid lobbying is that you're hiring a professional to do a better job of lobbying than you can do yourself (hopefully). In other words, It is ...
user4012's user avatar
  • 92.6k
6 votes

Why hasn't the Supreme Court found the Hatch Act unconstitutional?

The government is allowed to revoke the rights of citizens under certain circumstances. You have the right to bear arms in the US, but if you are found guilty of domestic abuse you can have your right ...
Neil Meyer's user avatar
  • 1,173
6 votes

What would violate First Amendment rights by government action on social media?

As I understand the case law, the government retains the right to limit speech for the purposes of public safety and national security. Any government action that falls outside that rubric would ...
Ted Wrigley's user avatar
5 votes
Accepted

What rights do I have as an American citizen when major social websites censor certain news stories or other public opinions?

The trivial answer is "none". As other answers have noted, corporate social media is not the US Government. The US Government usually has no statutory power within corporate media to either prevent ...
agc's user avatar
  • 12.9k
5 votes

Is Trump’s barring of select media outlets from White House press conferences a violation of the First Amendment?

Law Newz argues that it might be: “It’s unconstitutional when President Trump has said he doesn’t like CNN and the New York Times and then excludes them from a press conference. It’s a content-...
tim's user avatar
  • 37.1k
4 votes

Why is paid lobbying considered a form of 'free speech'?

It's a form of free speech. They're protected by the first amendment This is a relatively recent ruling by the Supreme Court in 2010; until then, there was a federal ban on corporate expenditure ...
Mozibur Ullah's user avatar
3 votes

What arguments support claims that the Biden Administration used "threat and coercion" when telling social media that they "have to take speech down"?

coerce: use of force, intimidation or authority, to obtain compliance I would ague Government used their authority to intimidate social media. Looking at the Twitter files it shows it wasn't limited ...
Daveo's user avatar
  • 837

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