Lobbying Investigation Unconstitutional: Constitutional Law. Free Speech. Lobbying. Congressional Committee Lacks Power to Investigate Indirect Lobbying. Right to Remain Silent before Congressional Committee Protected by First Amendment

1953 ◽  
Vol 5 (2) ◽  
pp. 344
Keyword(s):  
First Amendment ◽  
Free Speech ◽  
Constitutional Law ◽  
Congressional Committee

REASON, THE COMMON LAW, AND THE LIVING CONSTITUTION

Legal Theory ◽  
2011 ◽  
Vol 17 (4) ◽  
pp. 279-300
Author(s):  
Matthew Steilen
Keyword(s):  
First Amendment ◽  
Free Speech ◽  
Constitutional Law ◽  
Large Scale ◽  
Common Law ◽  
Recent Book ◽  
Alternative Account ◽  
What Works ◽  
The Common ◽  
Judicial Action

This article reviews David Strauss's recent book, The Living Constitution. The thesis of Strauss's book is that constitutional law is a kind of common law, based largely on judicial precedent and commonsense judgments about what works and what is fair. In defending this claim, Strauss argues that central constitutional prohibitions of discrimination and protections of free speech have a common-law basis and that the originalist should consequently reject them. The review disputes this contention. It examines Strauss's account of the common law and argues that it cannot support our First Amendment protections of subversive advocacy, as Strauss says it does. The review then offers an alternative account of the common law based on the “classical” common-law theory associated with Coke and Hale. The latter account does support our protections of subversive advocacy but is much less appealing to those distrustful of ambitious and large-scale judicial action.

Where to limit the freedom of speech? Analysis in the context of the First Amendment to the US Constitution and the fighting words doctrine

2021 ◽  
Vol 37 (2) ◽  
pp. 239-256
Author(s):  
Karolina Palka
Keyword(s):  
United States ◽  
First Amendment ◽  
Free Speech ◽  
Freedom Of Speech ◽  
The United States ◽  
National Socialist ◽  
The Us ◽  
Us Constitution ◽  
Socialist Party Of America ◽  
The Right

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called "fighting words" doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.

The First Amendment’s Impact on Bloggers

2012 ◽  
pp. 216-230
Author(s):  
Joshua Azriel
Keyword(s):  
Work Environment ◽  
First Amendment ◽  
Free Speech ◽  
Privacy Protection ◽  
The United States ◽  
Court Cases ◽  
Invasion Of Privacy ◽  
After Hours ◽  
Federal Laws ◽  
Legal Consequences

This chapter examines the First Amendment’s challenges to bloggers in the United States and highlights the potential legal consequences for victimizing someone online. While the First Amendment protects an overall right to free speech, there are certain boundaries to this right. Federal Internet-related speech laws, libel, invasion of privacy, copyright, trademark, and others are analyzed within the context of blogging. The author discusses the potential legal consequences to blogging at work or after hours and how personal blogs can negatively impact the work environment. Several Supreme Court cases are discussed to assist bloggers in understanding the scope of contemporary Internet free speech laws. An analysis of U.S. federal laws restricting online speech and an overview of the following areas of speech law are provided: libel, invasion of privacy, protection for confidential sources, copyright, trademark, true threats, and obscenity.

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