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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

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No protection is given by the First Amendment in cases that include:

Fraud

Incitement

Defamation

Obscenity

Child pornography

Fighting words

Threats

Lies

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1. Gives the right to criticize government officials

2. Let’s us practice whatever religious faith we want

3. Gives us the right to assemble together and to petition the government for a redress of grievances

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The First Amendment prevents Congress making laws respecting religion and prohibiting its free exercise. It also protects us from Congress making laws regarding freedom of speech, the press, assembly, and the right to petition the Government. Plus, it is not outdated.

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There would be no significant movement for change would have been possible. But thanks to the 1st Amendment, Americans are protected to advance the ongoing struggle to achieve “liberty and justice for all.”

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Montana has become the first state to ban TikTok (Current Event)

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Montana has become the first state to ban TikTok (Current Event)

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Greg Gianforte signed the bill into law on Wednesday, May 17th 2024

Faces legal Challenges

Banishment quickly criticized by the ACLU concerns that the bill infringes on the First Amendment rights

“With this ban, Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves…”

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Michigan mom sues school district after kids asked to remove ‘Let’s go Brandon’ sweatshirt (Current Event)

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Michigan mom sues school district after kids asked to remove ‘Let’s go Brandon’ sweatshirt (Current Event)

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Friday 28 April 2023

First Amendment rights were violated last year when a family was repeatedly asked to remove clothing with the slogan “Let’s go Brandon”

A political meme popular in conservative circles referring to a vulgar chant about Joe Biden

The parents alleges the school is censoring students who try to express support for former President Donald Trump

Foundation for Individual Rights and Expression says that students shouldn’t be punished

“Remain free to use their Constitutional rights at school, not just learn about them.”

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Anthony Elonis was arrested on December 8, 2010

Charged with threatening his ex-wife, co-workers, kindergarten class, the local police, and an FBI agent

Posted statements on his Facebook page that appeared to threaten people in his life (VIOLATION OF 1ST AMENDMENT)

Before posting, his family left him and he lost his job

Posted disclaimer stating: “This is not a threat.”

Elonis argued that he could not be convicted of making a threat because he didn’t intend to

Trial court denied his motion to dismiss the case

Proper legal test: whether reasonable people hearing the comment would perceive it to be a threat

Elonis was convicted of four of the five counts

Sentenced to 44 months imprisonment, and three years of supervised release

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True threat

2023

Oral argument

Free speech rights

Concerns about stalking and online harassment

The First Amendment requires prosecutors to rove the person consciously disregarded a substantial risk that people may view the words as threteaning

7-2 decision

The court held that a lower standard would likely child protected expression

The First Amendment requires the speaker to have some. Understanding of the statement’s threatening character, even though the First Amendment does not require the state to prove that the person intended to make a threat

The Counterman decision, which only addressed speech-based stalking conduct, requires that prosecutors in every state and jurisdiction must establish that the perpetrator had some understanding that their speech might be viewed as threatening

Billy Raymond Counterman was stalking a musician by sending her hundreds of Facebook messages that she said made her fear for her safety

He claimed the charges violated his First Amendment rights to communicate with the musician