Time, Place, And Manner Restriction
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Time, Place, And Manner Restriction
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individual ...
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Newseum 5 Freedoms 1st Amendment
The Newseum was an American museum dedicated to news and journalism that promoted free expression and the First Amendment to the United States Constitution, while tracing the evolution of communication. The purpose of the museum, funded by the Freedom Forum nonpartisan U.S. foundation dedicated to freedom of the press, freedom of speech, and freedom of thought for was to help the public and the media understand each other. The seven-level, museum was located in Washington, D.C., and featured fifteen theaters and fifteen galleries. Its Berlin Wall Gallery included the largest display of sections of the wall outside Germany. The Today's Front Pages Gallery presented daily front pages from more than 80 international newspapers. The Today's Front Pages Gallery is still available on the Newseum's website, along with a few other galleries. Other galleries presented topics including the First Amendment to the United States Constitution, First Amendment, world press freedom, news h ...
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Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 1801 to 1809. He was previously the nation's second vice president of the United States, vice president under John Adams and the first United States Secretary of State, United States secretary of state under George Washington. The principal author of the United States Declaration of Independence, Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating Thirteen Colonies, American colonists to break from the Kingdom of Great Britain and form a new nation. He produced formative documents and decisions at state, national, and international levels. During the American Revolution, Jefferson represented Virginia in the Continental Congress that adopted the Declaration of Independence. As ...
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Anti-Federalism
Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Confederation and Perpetual Union, gave state governments more authority. Led by Patrick Henry of Virginia, Anti-Federalists worried, among other things, that the position of president, then a novelty, might evolve into a monarchy. Though the Constitution was ratified and supplanted the Articles of Confederation, Anti-Federalist influence helped lead to the passage of the Bill of Rights. Nomenclature The name "Anti-Federalists" is a misnomer. It was imposed upon the movement by their opponents, the Federalist Party, Federalists and it was supposed to mark them as men who "stood against the very political ideas they embraced". According to historian Carol Berkin: Main beliefs * They believed the Constitution needed a Bill of Rights. * Th ...
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Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlestown, Nevis, Hamilton was orphaned as a child and taken in by a prosperous merchant. He pursued his education in New York before serving as an artillery officer in the American Revolutionary War. Hamilton saw action in the New York and New Jersey campaign, served for years as an aide to General George Washington, and helped secure American victory at the Siege of Yorktown. After the war, Hamilton served as a delegate from New York to the Congress of the Confederation. He resigned to practice law and founded the Bank of New York. In 1786, Hamilton led the Annapolis Convention to replace the Articles of Confederation with the Constitution of the United States, which he helped ratify by writing 51 of the 85 installments of ''The Federalist ...
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Federalism (United States)
Federalism in the United States is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and new federalism. Early federalism Federalism is a form of political organization that seeks to distinguish states and unites them, which assigns different types of decision-making power at different levels to allow a degree of political independence in an overarching structure. Federalism was a political solution for the problems with the Articles of Confederation which gave little practical authority to the federal government. For example, the Articles allowed the Continental Congress the power to sign treaties and declare war, but it could not raise taxes to pay for an army and all major decisions requ ...
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American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of the United States, fighting began on April 19, 1775, followed by the Lee Resolution on July 2, 1776, and the Declaration of Independence on July 4, 1776. The American Patriots were supported by the Kingdom of France and, to a lesser extent, the Dutch Republic and the Spanish Empire, in a conflict taking place in North America, the Caribbean, and the Atlantic Ocean. Established by royal charter in the 17th and 18th centuries, the American colonies were largely autonomous in domestic affairs and commercially prosperous, trading with Britain and its Caribbean colonies, as well as other European powers via their Caribbean entrepôts. After British victory over the French in the Seven Years' War in 1763, tensions between the motherland and he ...
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Jury Nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: # Jurors cannot be punished for passing an incorrect verdict. # A defendant who is acquitted can, in many jurisdictions, not be tried a second time for the same offence. A jury verdict that is contrary t ...
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Andrew Hamilton (lawyer)
Andrew Hamilton (1676 – August 4, 1741) was a Scottish lawyer in the Thirteen Colonies, where he finally settled in Philadelphia. He was best known for his legal victory on behalf of the printer and newspaper publisher John Peter Zenger. His involvement with the 1735 decision in New York helped to establish that truth is a defense to an accusation of libel. His eloquent defense concluded with saying that the press has "a liberty both of exposing and opposing tyrannical power by speaking and writing truth." His success in this case has been said to have inspired the now-archaic term "Philadelphia lawyer", meaning a particularly adept and clever attorney, as in "It would take a Philadelphia lawyer to get him off." His estate in Philadelphia, known as Bush Hill, was inherited by his son, William Hamilton, who leased it for use as the vice-president's house during the years that the city was the temporary capital of the United States. Immigration to Virginia Believed to be bor ...
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William Cosby
Brigadier-General William Cosby (1690–1736) was an Irish soldier who served as the British colonial governor of New York from 1732 to 1736. During his short term, Cosby was portrayed as one of the most oppressive governors in the Thirteen Colonies. In 1735, Cosby accused publisher John Peter Zenger of sedition and libel for publishing unflattering reports about Cosby. In spite of Cosby's efforts, Zenger was acquitted of all charges and the case helped to establish the concept of freedom of the press. Early life and military career William Cosby was born in Stradbally Hall, Queen's County, Ireland, in 1690. His father, Alexander Cosby of Stradbally, stemmed from a British family that emigrated to Ireland in 1590, by the first Alexander Cosby. His mother, Elizabeth L'Estrange, was from another family of the Protestant Ascendancy. In 1709, 19-year-old William Cosby travelled to Italy and earned money by gambling in card games. The next year he enlisted in the British Army at ...
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John Peter Zenger
John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed '' The New York Weekly Journal''. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing '' The New York Weekly Journal'', which voiced opinions critical of the colonial governor, William Cosby. On November 17, 1734, on Cosby's orders, the sheriff arrested Zenger. After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735. Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel. Early life Peter Zenger was born in 1697 in the German Palatinate. Most of the details of his early life are obscure. He was a son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in Imp ...
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Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most-populous city, and Fairfax County is the most-populous political subdivision. The Commonwealth's population was over 8.65million, with 36% of them living in the Baltimore–Washington metropolitan area. The area's history begins with several indigenous groups, including the Powhatan. In 1607, the London Company established the Colony of Virginia as the first permanent English colony in the New World. Virginia's state nickname, the Old Dominion, is a reference to this status. Slave labor and land acquired from displaced native tribes fueled the ...
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