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The exception for child pornography is distinct from the obscenity exception in a few ways. First, the rule is much more specific to what falls under the exception. Second, it is irrelevant whether any part of the speech meets the Miller test; if it is classified under the child pornography exception at all, it becomes unprotected. [62]
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
The First Amendment did not excuse newspapers from the Sherman Antitrust Act. News, traded between states, counts as interstate commerce and is subject to the act. Freedom of the press from governmental interference under the First Amendment does not sanction repression of that freedom by private interests (326 U.S. 20 [clarification needed]).
Branzburg v. Hayes, 408 U.S. 665 (1972), was a landmark decision of the US Supreme Court invalidating the use of the First Amendment as a defense for reporters summoned to testify before a grand jury.
This is why the First Amendment is not relevant in regards to Twitter’s ban on the former president, he says, because just like the hypothetical restaurant, Twitter is a private business.
A shield law is a law that gives reporters protection against being forced to disclose confidential information or sources in state court. There is no federal shield law and state shield laws vary in scope. In general, however, a shield law aims to provide the protection of: "a reporter cannot be forced to reveal his or her source".
The First Amendment to the U.S. Constitution, adopted in 1791, states: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging ...
The number of respondents who said the First Amendment shouldn’t be changed increased by 10% since 2020. And most Americans surveyed said they still believed the First Amendment is vital to society.