First Amendment

Read the latest news stories on first amendment rights on Newser.com

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NY Topless Bizman Blows Lid Over Taxes

He claims 'mammary meccas' are protected by First Amendment

(Newser) - The owner of a Manhattan topless joint has hired a civil rights attorney to block proposed taxes aimed at establishments like his by arguing that the raunchy dances are protected as free speech. A Bronx lawmaker is proposing to impose a $10 tax on patrons of the city's hundreds of...

Supreme Court Rules Against Utah Sect

Monument won't fly; public statues are 'government speech'

(Newser) - The Supreme Court today denied a Utah sect the right to erect a monument in a public park, settling a case that had serious implications for free speech and freedom of religion, the New York Times reports. Members of the Summum religion are free to espouse their beliefs in the...

Misguided Cartoonist Has 'Right to Fail': Parker

Image was easily misread, but it's just a cartoon

(Newser) - The New York Post cartoon that has Al Sharpton up in arms was poorly thought out, to be sure, writes Kathleen Parker in the Washington Post. It "was offensive for reasons unrelated to race," she argues, but it’s important to remember that “outrage is out of...

Calif. Court Blasts Violent Game Ban

(Newser) - A federal appeals court ruled today that violent video games can be sold to minors in California, GameSpot reports. Upholding a lower court's decision, the judges struck down a state law that sought to ban the sale of violent games to those under 18. The law violated free speech rights,...

Limbaugh to Obama: Don't Touch Talk Radio

Following suit with some Dems would mean violating free speech

(Newser) - There’s been talk among Democrats that government should intervene to ensure balance in talk radio. But government weighing in on content is a direct violation of the First Amendment, writes Rush Limbaugh in the Wall Street Journal, and as a former law prof, our new president knows that. President...

Racist Music Finds Home Online
 Racist Music Finds 
 Home Online 
GLOSSIES
Dec 25, 2008 1:16 PM CST

Racist Music Finds Home Online

White-power albums readily available on iTunes, Amazon, to bands' delight

(Newser) - Online outlets are making it much easier for musical acts with unpopular messages to get their material heard, Spin reports. “Because stores wouldn’t carry us, selling records used to be laborious,” says the lead singer of white-power act Brutal Attack, citing boycotts from anti-racist groups. The band...

Ky. Atheists Fight 'Foolish' Security Law

Amendment says state relies on 'almighty God' for protection

(Newser) - Atheists are kicking up an almighty fuss about legislation that states Kentucky's safety and security can only be achieved through reliance on God, the Chicago Tribune reports. Bluegrass State unbelievers have filed a lawsuit seeking to have the offending law repealed, saying they fear their security may be in the...

Palin: Media Threatening My First Amendment Rights

Because it won't let me attack Obama without criticizing me

(Newser) - Sarah Palin seems to think the Constitution is supposed to protect her from criticism. On a conservative radio show, Palin said the media is unfairly attacking her for her shots at Obama on Bill Ayers and Jeremiah Wright, and that if the media “convinces enough voters that that is...

Va. Court Voids Spam Law
Va. Court Voids Spam Law
Sep 12, 2008 1:32 PM CDT

Va. Court Voids Spam Law

Statute violated First Amendment rights; man who sent 10M emails daily can go free

(Newser) - Virginia’s anti-spam laws are unconstitutional because they prohibit behavior shielded by the First Amendment, the state’s supreme court ruled today. The ruling overturns the conviction of Jeremy Jaynes, who received the nation’s first felony spam conviction in 2004, the Richmond Times-Dispatch says. Prosecutors alleged Jaynes sent up...

Seinfeld Defense: Lawsuits are Funny

Sez silly suits are fodder for routine

(Newser) - Jerry Seinfeld insisted yesterday that he didn’t slander a woman suing his wife for cookbook plagiarism because silly lawsuits are fodder for good comedy. The comic cited episodes from Seinfeld as well as his kid-friendly Bee Movie in a court filing as examples of the First Amendment-protected comedic license...

Maryland Cops Spied on Peaceniks

Activists branded terrorists & drug dealers

(Newser) - Groups opposing the death penalty and the war in Iraq were infiltrated and spied on by undercover Maryland State Police officers, according to police logs obtained by the American Civil Liberties Union. Some activists were placed on terrorist and drug trafficking databases with no evidence they were involved in any...

Teenagers Have Rights, Too
Teenagers Have Rights, Too
Opinion
Jul 12, 2008 7:10 PM CDT

Teenagers Have Rights, Too

Schools shouldn't use high court ruling to silence 'disruptive' students

(Newser) - "Teenagers have constitutional rights." That shouldn’t be controversial, but several schools are in court arguing that the First Amendment doesn't apply to students, writes Frank LoMonte in the Seattle Post-Intelligencer. Morse v. Frederick set a precedent last year, when Supreme Court judges ruled that students could be...

Philly Guides Seek Liberty From Licensing Law

Test requirement violates First Amendment, guides argue

(Newser) - Three tour guides in the cradle of democracy are taking the city to court over a law they say tramples on their constitutional rights, reports the Philadelphia Inquirer. The law compels Philadelphia guides to pay a fee and take a test to get a tour license—and the plaintiffs argue...

Hate Speech: Is US Protection Too Broad?

Free speech protections increasingly at odd with European model

(Newser) - Several years ago American conservative journalist Mark Steyn published a piece denigrating Islam in Maclean's, the leading newsweekly in Canada. While its tone was sharp, its content was no more inflammatory than the material in American rightwing publications. But now Maclean's is facing trial for publishing hate speech, writes Adam...

Justices Don't Buy MLB's Fantasy Pitch

Using players' real names in for-profit leagues is free speech, Supreme Court rules

(Newser) - The Supreme Court refused today to hear an appeal by Major League Baseball against a ruling that allowed fantasy sports leagues to use real players' names and stats without paying a licensing fee, the Los Angeles Times reports. MLB contended such leagues shouldn't "exploit players' identity for commercial gain;...

Swiss Bank Drops Wikileaks Lawsuit
Swiss Bank Drops Wikileaks Lawsuit
Mar 6, 2008 3:32 PM CST

Swiss Bank Drops Wikileaks Lawsuit

Case of posted documents raised free-speech issues

(Newser) - The Swiss bank that sued over private documents posted on Wikileaks.org has withdrawn the motion, the AP reports. Bank Julius Baer did not say why it pulled the case, but the cease-fire brings an end to a case that raised First Amendment questions when a judge ordered the site...

Wikileaks Judge Reverses His Own Injunction

In 'oops!' moment, jurist says original ruling was likely unconstitutional

(Newser) - The judge who (tried to) shut down Wikileaks by issuing an injunction against the whistleblowing site has changed his mind and lifted the order, the San Francisco Chronicle reports. Judge Jeffrey White said his original order, designed to protect a Swiss Bank's information, raised "serious questions of prior restraint...

Wikileaks.org Closing Doesn't Secure Bank's Client Info

Privacy groups file to intervene in case

(Newser) - Legal action resulting in the closing of whistleblower site Wikileaks.org has backfired for the Swiss bank that sought to protect confidential information about their clients, the AP reports. Popular outrage over the closing of the site over its posting of documents from Bank Julius Baer has cause the widespread...

Outcry Over Leak Site Closure Order
Outcry Over Leak Site Closure Order
Feb 20, 2008 1:04 PM CST

Outcry Over Leak Site Closure Order

Privacy, 1st Amendment advocates fume over judge's decision

(Newser) - Privacy and First Amendment advocates are fuming after a judge ordered an entire website shut down in response to a lawsuit. Wikileaks.org had allowed whistleblowers to anonymously post confidential documents, reports ComputerWorld. A critic calls closing down the whole website in response to a Swiss bank's complaint "like...

Cheney Resists Testifying in 'Attack' Lawsuit

Alleged attacker wants veep to clear up encounter in court

(Newser) - A man collared on suspicion of assaulting Dick Cheney two years ago wants the veep to testify in court—but is it likely? Cheney would only have to if his testimony is unobtainable by other means, one expert said—exactly what Cheney's lawyer argued last week in court. But one...

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