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Constitutional Law • First Amendment - Free Speech
CONLAW#151
Legal Definition
Generally, the press has no greater 1st Amendment freedom than a private citizen. The public and press are guaranteed the right to attend a criminal trial, but the right may be outweighed by an overriding interest stated in the trial judge's findings.
Plain English Explanation
You may think that journalists have more rights than you when it comes to free speech since a lot of the speech we consume (especially controversial speech) comes from news reports. But that isn't true. The press has the same rights as regular citizens under the First Amendment. This also means that the press and the public are allowed to attend criminal trials, but this right can be limited if there's a more important reason to do so, as decided by the judge.
Related Concepts
Are fighting words protected speech?
Are profane and indecent speech protected?
Can government speech be challenged?
How do you analyze a free speech issue?
Is anonymous speech protected?
Is discretion allowed in determining fees for public demonstrations?
Is speech protected when it incites illegal activity?
May the government seize assets of businesses that violate obscenity laws?
What are content-based restrictions, and which level of scrutiny is applied?
What are designated public forums?
What are limited public forums?
What are non-public forums?
What are prior restraints and when are they valid?
What are public forums?
What are the limits of free speech during a broadcast?
What does the 1st Amendment prohibit, and how is it applied?
What is the 1st Amendment right to access private property for speech?
What is the constitutionality of laws prohibiting group discrimination?
What level of scrutiny is applied to content-based restrictions on public forums?
What level of scrutiny is applied to court orders suppressing speech?
What level of scrutiny is applied to laws impacting freedom of association?
What level of scrutiny is applied to laws that require disclosure of group membership?
When are obscenities and sexually oriented speech considered obscene?
When are time, place, and manner restrictions on speech valid?
When is a law unconstitutionally overbroad?
When is a law unconstitutionally vague?
When is commercial speech protected, and when is it not?
When is speech by government employees not protected?
When may a private figure recover for defamation if there is no matter of public concern?
When may a private figure recover for defamation regarding a matter of public concern?
When may a public official or figure recover for defamation?
When may the government ban child pornography?
When may the government burden lawful, non-misleading, non-fraudulent commercial speech?
When may the government punish or limit news reporting?
When may the government punish private possession of obscene materials?
When may the government regulate symbolic speech?
When may the government require a license for speech?
When may the government use zoning ordinances to regulate adult businesses?
Which level of scrutiny is applied to content-neutral restrictions?
