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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 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]).
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.
Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment.
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
Des Moines Independent Community School District (1969), the Supreme Court extended broad First Amendment protection to children attending public schools, prohibiting censorship unless there is "substantial interference with school discipline or the rights of others". Several subsequent rulings have affirmed or narrowed this protection.
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.
The US First Amendment guarantees free speech, subject to certain limitations. One of these limitations is defamation, in various forms, notably libel . While federal precedent does not explicitly state that opinion is protected against prosecution under libel laws (indeed it explicitly states the contrary), the combined effect of several ...