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During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
Cases concerning restrictions on the time, place, and manner of speech Chicago Police Dept. v. Mosley (1972) Grayned v. City of Rockford (1972) Ward v. Rock Against Racism (1989) Schenck v. Pro-Choice Network of Western New York (1997) Hill v. Colorado (2000) McCullen v. Coakley (2014) Minnesota Voters Alliance v. Mansky (2018)
Telemarketing Assoc., Inc. upheld an Illinois telemarketing anti-fraud law against claims that it was a form of prior restraint, affirming consumer protection against misrepresentation was a valid government interest justifying a free speech exception for false claims made in that context. The 2012 decision United States v.
The government encouraging them to remove false speech only violates the 1st Amendment if it can be proved that the government caused, and will cause in the future, speech to be blocked.
First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought. [290] In United States v.
In oral arguments on two crucial First Amendment cases, the Supreme Court appeared sensitive to the importance of government being able to express views to private parties and persuade them to act ...
"It was not by accident or coincidence that the rights to freedom in speech and press were coupled in a single guaranty with the rights of the people peaceably to assemble and to petition for redress of grievances." Thomas, 323 U. S., at 530. Both speech and petition are integral to the democratic process, although not necessarily in the same way.
The First Amendment restricts Congress from hindering “the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress ...