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First Amendment Rights
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. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ...
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Everson V
Everson may refer to: People with the surname * Ben Everson (born 1987), English footballer * Bill Everson (1906–1966), Welsh international rugby union player * Cliff Everson, a New Zealand car designer and manufacturer * Corinna Everson (born 1958), American female bodybuilder * Cromwell Everson (1925–1991), Afrikaans and South African composer * Everson aircraft, pioneer New Zealand aircraft design company * Mark Everson (born 1954), American Commissioner of Internal Revenue * Michael Everson Michael Everson (born January 1963) is an American and Irish linguistics, linguist, Character encoding, script encoder, typesetting, typesetter, type designer and Publishing, publisher. He runs a publishing company called Evertype, through which ... (born 1963), or his Unicode font Everson Mono * William Everson (poet) (1912–1994), American poet and small press printer * William Everson (Wisconsin politician) (1841–1928), an American politician People with the given name ...
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Manhattan Community Access Corp
Manhattan ( ) is the most densely populated and geographically smallest of the five boroughs of New York City. Coextensive with New York County, Manhattan is the smallest county by area in the U.S. state of New York. Located almost entirely on Manhattan Island near the southern tip of the state, Manhattan constitutes the center of the Northeast megalopolis and the urban core of the New York metropolitan area. Manhattan serves as New York City's economic and administrative center and has been described as the cultural, financial, media, and entertainment capital of the world. Present-day Manhattan was originally part of Lenape territory. European settlement began with the establishment of a trading post by Dutch colonists in 1624 on Manhattan Island; the post was named New Amsterdam in 1626. The territory came under English control in 1664 and was renamed New York after King Charles II of England granted the lands to his brother, the Duke of York. New York, based in prese ...
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State Action
In United States constitutional law, state action is an action by a person who is acting on behalf of a governmental body, and is therefore subject to limitations imposed on government by the United States Constitution, including the First, Fifth, and Fourteenth Amendments, which prohibit the federal and state governments from violating certain rights and freedoms. Jurisprudence Meaning Though the term would seem to include only persons who are directly employed by the state, the United States Supreme Court has interpreted these amendments and laws passed pursuant to them to cover many persons who have only an indirect relationship with the government. Controversies have arisen, for example, over whether private companies that run towns (the "company-town") and prisons (traditionally a state function) can be held liable as having performed a state action when they violate fundamental civil rights. This question remains unresolved, but the Supreme Court has held private ci ...
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Freedom Of Association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organizati ...
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Prior Restraint
Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place. In some countries (e.g., United States, Argentina) prior restraint by the government is forbidden, subject to exceptions (such as classifying certain matters of national security), by their respective constitutions. Prior restraint can be effected in a number of ways. For example, the exhibition of works of art or a movie may require a license from a government authority (sometimes referred to as a classification board or censorship board) before it can be published, and the failure or refusal to grant a license is a form of censorship as is the revoking of a license. It can take the form of a leg ...
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Near V
NEAR or Near may refer to: People * Thomas J. Near, US evolutionary ichthyologist * Near, a developer who created the higan emulator Science, mathematics, technology, biology, and medicine * National Emergency Alarm Repeater (NEAR), a former alarm device to warn civilians of a foreign nuclear attack on the United States * National Emergency Airway Registry (NEAR), a patient registry for intubations in the United States * Nicking enzyme amplification reaction Nicking Enzyme Amplification Reaction (NEAR) is a method for '' in vitro'' DNA amplification like the polymerase chain reaction (PCR). NEAR is isothermal, replicating DNA at a constant temperature using a polymerase (and nicking enzyme) to expo ... (NEAR), a method of DNA amplification * NEAR Protocol, a layer-1 blockchain * NEAR Shoemaker, a spacecraft that studied the near-Earth asteroid Eros * Nearness or proximity space *"Near", a city browser by NearGlobal * Near space, the upper atmosphere below outer ...
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New York Times Co
The New York Times Company is an American mass media corporation that publishes ''The New York Times'' and its associated publications such as ''The New York Times International Edition'' and other media properties. The New York Times Company's headquarters are in The New York Times Building, a skyscraper in Manhattan, New York City. History The company was founded by Henry Jarvis Raymond and George Jones in New York City. The first edition of the newspaper ''The New York Times'', published on September 18, 1851, stated: "We publish today the first issue of the New-York Daily Times, and we intend to issue it every morning (Sundays excepted) for an indefinite number of years to come." The company moved into the cable channel industry, purchasing a 40% interest in the Popcorn Channel, a theatrical movie preview and local movie times, in November 1994. In 1996, it expanded upon its broadcasting by purchasing Palmer Communications, owners of WHO-DT in Des Moines and KFOR in O ...
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Libel
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen –‍ to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state insti ...
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English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. ...
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United States Free Speech Exceptions
In the United States, some categories of speech are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech. Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false statements of fact, and commercial speech such as advertising. Defamation that causes harm to reputation is a tort and also a category which is not protected as free speech. Hate speech is not a general exception to First Amendment protection. Per '' Wisconsin v. Mitchell'', hate crime sentence enhancements do not violate First Amendment protections because they do not criminalize speech itself, but rather use speech as evidence of mo ...
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