While
the First Amendment
restricts the power of the government to control access by adults to sexually explicit expression that is not obscene, the government may restrict access by children, provided that those restrictions do not limit adults to reading only “what is fit for children.” Controlling access by children …
Does the 1st Amendment of the US Constitution apply to the Internet?
Ruling unanimously in Reno v. ACLU,
the Court declared the Internet to be a free speech zone
, deserving of at least as much First Amendment protection as that afforded to books, newspapers and magazines.
Does freedom of speech apply to the Internet?
Yes,
the First Amendment applies online
, just as it does in regular written, personal, religious, and political discourse. … But we engage each other through the internet primarily via private websites, not public ones, so the First Amendment, to no small degree, is far from a protected “free speech zone”.
The text of the First Amendment itself
only prevents Congress
(i.e., U.S. Congress) from making laws that restrict the freedom of speech. … In other words, a private person or private company (such as a social media company) cannot violate your constitutional free speech rights, only the government can do so.
Does the 1st Amendment protect obscenity?
Obscenity is not protected under First Amendment rights to free speech
, and violations of federal obscenity laws are criminal offenses. … (For more information, see Citizen’s Guide to Federal Law on Obscenity). Obscenity Law and Minors. Federal law strictly prohibits the distribution of obscene matter to minors.
Why obscenity is not protected by the First Amendment?
The Supreme Court says plainly that
obscene material doesn’t
get First Amendment protection. … The Court doesn’t really say what makes something obscene. LINDA: Pornography degrades women, encourages violence against women, exploits the weakest members of society and puts children in danger.
What is legally obscene?
Obscenity is
a category of speech unprotected by the First Amendment
. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. … A comprehensive, legal definition of obscenity has been difficult to establish.
What did the 12 amendment do?
The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned.
Should the 1st Amendment freedom of speech extend to Internet communications?
American Civil Liberties Union (1997) the Supreme Court struck down this law as being too vague. … Instead, the Court ruled that speech on
the Internet should receive the highest level of
First Amendment protection—like that extended to the print media.
What is not protected by the 1st Amendment?
True threats
— like obscenity, child pornography, fighting words, and the advocacy of imminent lawless action — constitute a category of speech that is not protected by the First Amendment.
Does freedom of speech mean you can say anything?
The 1st Amendment to the United States Constitution has been interpreted to mean that you are free to say whatever you want and you are
even free to not say anything at all
.
How does Internet empower freedom of speech?
On the one hand, Internet empowers freedom of expression
by providing individuals with new means of imparting and seeking information
. … Freedom of expression is a protection of individuals’ right to voice opinions and to receive information without state interference.
What is the limit to freedom of speech?
Freedom of speech and expression, therefore, may not be recognized as being absolute, and common limitations or boundaries to freedom of speech relate to libel, slander, obscenity, pornography, sedition, incitement, fighting words, classified information, copyright violation, trade secrets, food labeling, non- …
What is the 1st Amendment in simple terms?
The First Amendment guarantees
freedoms concerning religion, expression, assembly, and the right to petition
. … It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.
Restrictions to freedom of expression on the internet include
internet shutdowns, hate speech and disinformation regulation, repressive laws, and internet censorship
. … As a result, these limitations violate individuals’ freedom of expression on the internet.
Can I sue Facebook for freedom of speech?
May I sue Facebook, Twitter, or other social-media companies for violating my First Amendment or free-speech rights? No. The First
Amendment restricts governmental action only
.
