First Amendment News

Does a border agent’s search of your cell phone cross the line?

The Electronic Frontier Foundation provides insight into the First Amendment implications of U.S. border agents seizing and searching electronic devices.
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A Funny Thing Happened on the Way to the Protest

Mosque protesters and counter-protesters were prevented from exercising their right to assemble by the intervention of a third group. The two opposing groups of protesters left to get lunch together.
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Free Speech Isn’t Always Valuable. That’s Not the Point.

Speech Religion Newseum

We shouldn’t think about free expression in terms of value. What’s important is that free expression rights are indivisible.
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Justice Sotomayor Expresses Concern Over Court’s True Threat Jurisprudence

What level of intent makes someone’s words a true threat? She thinks the Supreme Court should clarify.
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Judge Gorsuch Shows Sensitivity to First Amendment Issues

First Amendment Scholar David Hudson takes a look at Supreme Court nominee Judge Gorsuch’s track record on religious liberty, freedom of the press, and free speech.
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Freedom of Assembly and Edwards v. South Carolina: Protecting the Peaceful Expression of Unpopular Views

How freedom of assembly was upheld during the Civil Rights Movement, and how those laws protect our right to protest today.
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Federal Appeals Court: Artistic Expression Can’t Be Used to Punish Defendant

The court held that a defendant’s musical lyrics, which referenced violence and drugs, could not be used as objective evidence of his motive for unlawfully possessing a machine gun.
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Sexually Explicit Picture Not Fighting Words, Rules Colorado Appeals Court

The court found that a 14-year-old did not commit disorderly conduct because the explicit picture he drew was protected by the First Amendment.
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Appeals Court Issues Troubling Ruling to Photographer Based on Qualified Immunity

The 1st Circuit declined to rule on the constitutionality of seizing a freelance photographer’s photographs.
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