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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 history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
A Distant Heritage: The Growth of Free Speech in Early America. New York: New York University Press, 1995. Godwin, Mike (1998). Cyber Rights: Defending Free Speech in the Digital Age. New York: Times Books. ISBN 0-8129-2834-2. Rabban, David M. (1999). Free Speech in Its Forgotten Years, 1870–1920. New York: Cambridge University Press.
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.
First Amendment jurisprudence is the longest sustained meditation on how to have free speech in a free society, and it has generally done a pretty good job of carving out reasonable exceptions to ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
It’s not that I don’t sympathize with the desire to help students (as the Texas state board puts it) “better understand the connection of history, art, community, literature, and religion on ...
“The separation of church and state appears nowhere in the Declaration of Independence or Constitution," a top Oklahoma education official said in defense of the state's Ten Commandments decree.