Menu
UHND.com - Notre Dame Football, Basketball, & Recruiting UHND.com - Notre Dame Football, Basketball, & Recruiting

UHND.com - Notre Dame Football, Basketball, & Recruiting

UHND.com - Notre Dame Football, Basketball, & Recruiting UHND.com - Notre Dame Football, Basketball, & Recruiting
  • Football
    • 2024 Notre Dame Football Schedule
    • 2024 Notre Dame Roster
    • 2024 Notre Dame Coaching Staff
    • Injury News & Updates
    • Notre Dame Football Depth Charts
    • Notre Dame Point Spreads & Betting Odds
    • Notre Dame Transfers
    • NFL Fighting Irish
    • Game Archive
    • Player Archive
    • Past Seasons & Results
  • Recruiting
    • Commits
    • News & Rumors
    • Class of 2018 Commit List
    • Class of 2019 Commit List
    • Class of 2020 Commit List
    • Class of 2021 Commit List
    • Archives
  • History
    • Notre Dame Bowl History
    • Notre Dame NFL Draft History
    • Notre Dame Football ESPN GameDay History
    • Notre Dame Heisman Trophy Winners
    • Notre Dame Football National Championships
    • Notre Dame Football Rivalries
    • Notre Dame Stadium
    • Touchdown Jesus
  • Basketball
  • Forums
    • Chat Room
    • Football Forum
    • Open Forum
    • Basketball Board
    • Ticket Exchange
  • Videos
    • Notre Dame Basketball Highlights
    • Notre Dame Football Highlights
    • Notre Dame Football Recruiting Highlights
    • Notre Dame Player Highlights
    • Hype Videos
  • Latest News
  • Gear
  • About
    • Advertise With Us
    • Contact Us
    • Our RSS Feeds
    • Community Rules
    • Privacy Policy
  • RSS
  • YouTube
  • Twitter
  • Facebook
Home > Forums > The Open Forum
Login | Register

Do you know the first amendment? Prolly not so I'll help you with this.

Author: jimbasil (52631 Posts - Joined: Nov 15, 2007)
Posted at 9:30 pm on Dec 16, 2022
View All

"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."

As for Freedom of speech:

"The Free Speech Clause went through several iterations before it was adopted as part of the First Amendment. James Madison drafted an initial version of the speech and press clauses that was introduced in the House of Representatives on June 8, 1789. Madison’s draft provided: The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.1 The House of Representatives special committee rewrote Madison’s language to make the speech and press clauses read: The freedom of speech and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed.2 The Senate subsequently rewrote the speech and press clauses to read: That Congress shall make no law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and consult for their common good, and to petition the government for a redress of grievances.3 Later, the Senate combined the religion clauses and the speech and press clauses4 and the House and Senate agreed to final language in conference.

There was relatively little debate over the speech and press clauses in the House, and there is no record of debate over the clauses in the Senate.5 During debate over the clauses, Madison warned against the dangers that would arise from discussing and proposing abstract propositions, of which the judgment may not be convinced. I venture to say, that if we confine ourselves to an enumeration of simple, acknowledged principles, the ratification will meet with but little difficulty.6 The general statement of these simple principles, however, gave rise to controversy when applied to specific government actions.7
The Sedition Act of 1798 sparked one such controversy that crystallized a national awareness of the central meaning of the First Amendment.8 The law punished anyone who would write, print, utter or publish . . . any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame . . . or to bring them . . . into contempt or disrepute.9 While Thomas Jefferson and Madison condemned the act as unconstitutional, the Adams Administration used it to prosecute its political opponents.10 Although the Supreme Court never ruled the Sedition Act unconstitutional prior to its expiration in 1801, the Court later recognized a broad consensus from the political and judicial branches that the act was unconstitutional.11

"The overbreadth doctrine focuses on the need for precision in drafting a statute that may affect First Amendment rights, and more concretely, allows a special kind of facial challenge to statutes.1 Ordinarily, to prevail in a facial challenge—a claim challenging a statute on its face, rather than only in certain applications—a litigant must ‘establish that no set of circumstances exists under which the [law] would be valid,’ or show that the law lacks ‘a plainly legitimate sweep.’2 Accordingly, if a statute sweeps in both protected and unprotected activity, the Court will ordinarily only invalidate its application to protected conduct.3 In the context of the First Amendment, however, the Supreme Court has allowed a person whose own conduct may not be constitutionally protected to bring a facial challenge to a law, if the statute is so broadly written that it sweeps in protected speech and could therefore have a deterrent effect on free expression.4 The overbreadth doctrine thus allows the facial invalidation of a law that punishes a ‘substantial’ amount of protected free speech, ‘judged in relation to the statute’s plainly legitimate sweep.’5 For example, in United States v. Stevens, the Supreme Court applied the overbreadth doctrine to rule unconstitutional a federal law that criminalize[d] the commercial creation, sale, or possession of certain depictions of animal cruelty.6 The Court described the statute as a criminal prohibition of alarming breadth, and concluded that the presumptively impermissible applications of [the law] . . . far outnumber any permissible ones.7
The Supreme Court has recognized, however, that there are substantial social costs created by the overbreadth doctrine when it blocks application of a law to constitutionally unprotected speech, or especially to constitutionally unprotected conduct.8 The Supreme Court has cautioned that facial [i]nvalidation for overbreadth is ‘strong medicine’ that is not to be ‘casually employed.’9 The requirement that a law must be substantially overbroad accounts for this concern.10 In addition, the Supreme Court has said a state statute should not be deemed facially invalid unless it is not readily subject to a narrowing construction by the state courts, and its deterrent effect on legitimate expression is both real and substantial.11 Further, the Court has said that overbreadth analysis does not normally apply to commercial speech.12"


Link: It's lengthy but maybe you'll read it

Jack, he is a banker
and Jane, she is a clerk

Replies to: "Do you know the first amendment? Prolly not so I'll help you with this."

  • Twitter Files Part 6: The FBI had 80 agents working on Twitter accounts. [NT] - Irishize - 7:25pm 12/16/22 (33) [View All]
    • Not sure the implication of 'FBI = Liberal' fits... [LINK] - TyroneIrish - 12:09am 12/18/22
      • Nobody implied that. [NT] - jabbadoody5 - 12:36am 12/18/22
        • The implication by Trump supporters (Incl. FOX) has been that the FBI was politically motivated [LINK] - TyroneIrish - 1:45am 12/18/22
    • Easy way to follow nuts, extremists and criminals. [NT] - FinnMcCool - 7:51pm 12/16/22
      • That's not all they were doing though. - jabbadoody5 - 7:37am 12/17/22
        • It's most interesting that people concerned with fascism and authoritarianism - iairishcheeks - 1:24pm 12/17/22
          • It could be interesting. - jabbadoody5 - 1:29pm 12/17/22
      • Yes, antifa was indeed using it to coordinate terrorist attacks. [NT] - jakers - 9:28pm 12/16/22
        • They can’t lose face publicly. But we all know for sure now that this was happening as suspected. [NT] - BaronVonZemo - 11:48pm 12/16/22
    • Violations of the First Amendment are a nothingburger. [NT] - jabbadoody5 - 7:38pm 12/16/22
      • How is it Violations of the First Amendment? [NT] - jimbasil - 7:44pm 12/16/22
        • How is it a violation for the Federal government to participate in the suppression of speech? - jabbadoody5 - 9:43pm 12/16/22
          • Yes, that is the question - Are you not able to answer it? Ya see, you think you're being sarcastic - jimbasil - 10:08pm 12/16/22
            • FBI personnel were sending emails to Twitter Mods to take action on individual accounts. - jabbadoody5 - 12:01am 12/17/22
              • 80 agents, unreal. [NT] - Frankx - 9:51am 12/17/22
                • What's more "unreal" is that the trash on this board continue to ignore key facts - jabbadoody5 - 9:59am 12/17/22
        • I believe that the First Amendment specifically mentions twitter - Chris94 - 9:11pm 12/16/22
          • Yep, let's just continue to ignore the govt's involvement in this. [NT] - jabbadoody5 - 12:04am 12/17/22
          • Listen to yourself defending the indefensible that you would have denied even happened if not - BaronVonZemo - 11:43pm 12/16/22
            • You've heard of this, right? [LINK] - jimbasil - 11:51pm 12/16/22
              • Patriot Act doesn’t allow for officials to target politically or influencing elections. [NT] - BaronVonZemo - 12:39am 12/17/22
                • You might want to read it before you comment. [NT] - jimbasil - 1:46am 12/17/22
                  • You definitely should, but you won't, nor do you care if your told not to do so by the Dem media. [NT] - BaronVonZemo - 2:53am 12/17/22
                    • That makes zero sense. [NT] - jimbasil - 6:02am 12/17/22
        • Yeah, I didn't think you'd have an answer. [NT] - jimbasil - 9:03pm 12/16/22
          • Talking to yourself again ? Seek help [NT] - ColeyO - 9:34pm 12/16/22
            • You're tediously dull. [NT] - jimbasil - 11:27pm 12/16/22
              • Liberalism Rule #1....and zero self awareness. [NT] - BaronVonZemo - 3:13am 12/17/22
                • You realize these continued rule posts are nonsense. [NT] - jimbasil - 6:04am 12/17/22
          • Censorship by proxy. Clear violation of the 1st Amendment. [NT] - irishsmashmouth - 9:10pm 12/16/22
            • Do you know the first amendment? Prolly not so I'll help you with this. [LINK] - jimbasil - 9:30pm 12/16/22
              • Prolly? Genius! [NT] - irishsmashmouth - 11:22pm 12/16/22
                • Another thing you just don't know, but I'll help you again. - jimbasil - 11:25pm 12/16/22
Close
  • Facebook
  • Twitter
  • YouTube
  • RSS