Fri. Jun 7th, 2024
miller testmiller test

Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly

FLYERS/LEAFLETS/HANDBILLS/ = MODERN DAY WEBPAGE

The USE of  SOCIAL MEDIA or WEBPAGES (MODERN DAY LEAFLETS) to get  ATTENTION to one’s Cause!
This BEHAVIOR is the modern digital form of leaflets.  Just like standing on a corner with a bunch of leaflets
handing them out or going door to door, not everyone will take one not everyone will see.  How else would
people in 2022 see paper? Most stuck to a screen. This freedom is equal to a leaflet
50 years ago. How else would
someone find like minded individual to support their legal 1st amendment cause and help form peaceful assembly
using News Digital & Old Style Print ?! One needs numbers to make his cause worthy. This is the basic exercise of
speech, news, media and peaceful assembly

 


Vermont’s Top Court Weighs: Are KKK Fliers 1st Amendment Protected Speech?
see also Vermont v. Schenk 2015 


 

“The press was to serve the governed, not the governors.”

—U.S. Supreme Court Justice Hugo Black in New York Times Co. v. United States (1971)

The freedom of the press, protected by the First Amendment, is critical to a democracy in which the government is accountable to the people. A free media functions as a watchdog that can investigate and report on government wrongdoing. It is also a vibrant marketplace of ideas, a vehicle for ordinary citizens to express themselves and gain exposure to a wide range of information and opinions.

The rise of the national security state and the proliferation of new surveillance technologies have created new challenges to media freedom. The government has launched an unprecedented crackdown on whistleblowers, targeting journalists in order to find their sources. Whistleblowers face prosecution under the World War One-era Espionage Act for leaks to the press in the public interest. And in the face of a growing surveillance apparatus, journalists must go to new lengths to protect sources and, by extension, the public’s right to know.

The ACLU has played a central role in defending the freedom of the press, from our role in the landmark Pentagon Papers case to our defense of whistleblower Edward Snowden and our advocacy for a new media shield law. When press freedom is harmed, it is much harder to hold our government accountable when it missteps or overreaches.

“Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.”

—U.S. Supreme Court Justice Benjamin N. Cardozo in Palko v. Connecticut

Freedom of speech, the press, association, assembly, and petition: This set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression. It is the foundation of a vibrant democracy, and without it, other fundamental rights, like the right to vote, would wither away.

The fight for freedom of speech has been a bedrock of the ACLU’s mission since the organization was founded in 1920, driven by the need to protect the constitutional rights of conscientious objectors and anti-war protesters. The organization’s work quickly spread to combating censorship, securing the right to assembly, and promoting free speech in schools.

Almost a century later, these battles have taken on new forms, but they persist. The ACLU’s Speech, Privacy, and Technology Project continues to champion freedom of expression in its myriad forms — whether through protest, media, online speech, or the arts — in the face of new threats. For example, new avenues for censorship have arisen alongside the wealth of opportunities for speech afforded by the Internet. The threat of mass government surveillance chills the free expression of ordinary citizens, legislators routinely attempt to place new restrictions on online activity, and journalism is criminalized in the name of national security. The ACLU is always on guard to ensure that the First Amendment’s protections remain robust — in times of war or peace, for bloggers or the institutional press, online or off.

Over the years, the ACLU has represented or defended individuals engaged in some truly offensive speech. We have defended the speech rights of communists, Nazis, Ku Klux Klan members, accused terrorists, pornographers, anti-LGBT activists, and flag burners. That’s because the defense of freedom of speech is most necessary when the message is one most people find repulsive. Constitutional rights must apply to even the most unpopular groups if they’re going to be preserved for everyone.

Some examples of our free speech work from recent years include:

  • In 2019, we filed a petition of certiorari on behalf of DeRay Mckesson, a prominent civil rights activist and Black Lives Matter movement organizer, urging the Supreme Court to overturn a lower court ruling that, if left standing, would dismantle civil rights era speech protections safeguarding the First Amendment right to protest.
  • In 2019, we successfully challenged a spate of state anti-protest laws aimed at Indigenous and climate activists opposing pipeline construction.
  • We’ve called on big social media companies to resist calls for censorship.
  • We’re representing five former intelligence agency employees and military personnel in a lawsuit challenging the government’s pre-publication review system, which prohibits millions of former intelligence agency employees and military personnel from writing or speaking about topics related to their government service without first obtaining government approval.
  • In 2018, we filed a friend-of-the-court brief arguing that the NRA’s lawsuit alleging that the state of New York violated its First Amendment rights should be allowed to proceed.
  • In 2016, the we defended the First Amendment rights of environmental and racial justice activists in Uniontown, Alabama, who were sued for defamation after they organized against the town’s hazardous coal ash landfill.
  • In 2014, the ACLU of Michigan filed an amicus brief arguing that the police violated the First Amendment by ejecting an anti-Muslim group called Bible Believers from a street festival based on others’ violent reactions to their speech.

Speech Plus – The Constitutional Law of Leafleting, Picketing, and Demonstrating

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.

ANNOTATIONS

Communication of political, economic, social, and other views is not accomplished solely by face-to-face speech, broadcast speech, or writing in newspapers, periodicals, and pamphlets. There is also “expressive conduct,” which includes picketing and marching, distribution of leaflets and pamphlets, addresses to publicly assembled audiences, door-to-door solicitation, and sit-ins. There is also a class of conduct, now only vaguely defined, that has been denominated “symbolic conduct,” which includes such actions as flag desecration and draft-card burnings. Because all these ways of expressing oneself involve conduct rather than mere speech, they are all much more subject to regulation and restriction than is simple speech. Some of them may be forbidden altogether. But, to the degree that these actions are intended to communicate a point of view, the First Amendment is relevant and protects some of them to a great extent. Sorting out the conflicting lines of principle and doctrine is the point of this section.

The Public Forum.—In 1895, while on the highest court of Massachusetts, future Justice Oliver Wendell Holmes rejected a contention that public property was by right open to the public as a place where the right of speech could be recognized,1444 and on review the United States Supreme Court endorsed Holmes’ view.1445 Years later, beginning with Hague v. CIO,1446 the Court reconsidered the issue. Justice Roberts wrote in Hague:

 
“Wherever the title of streets and parks may rest, they have 
immemorially been held in trust for the use of the public and, 
time out of mind, have been used for purposes of assembly, communicating 
thoughts between citizens, and discussing public questions. Such use 
of the streets and public places has from ancient times, been a part 
of the privileges, immunities, rights, and liberties of citizens.”

Although this opinion was not itself joined by a majority of the Justices, the Court subsequently endorsed the view in several opinions.1447

The Roberts view was called into question in the 1960s, however, when the Court seemed to leave the issue open,1448 and when a majority endorsed an opinion by Justice Black asserting his own narrower view of speech rights in public places.1449 Later decisions restated and quoted the Roberts language from Hague, and that is now the position of the Court.1450 Public streets and parks,1451 including those adjacent to courthouses1452 and foreign embassies,1453 as well as public libraries1454 and the grounds of legislative bodies,1455 are open to public demonstrations, although the uses to which public areas are dedicated may shape the range of permissible expression and conduct that may occur there.1456 Moreover, not all public properties are public forums. “[T]he First Amendment does not guarantee access to property simply because it is owned or controlled by the government.”1457 “The crucial question is whether the manner of expression is basically compatible with the normal activity of a particular place at a particular time.”1458 Thus, by the nature of the use to which the property is put or by tradition, some sites are simply not as open for expression as streets and parks are.1459 But if government does open non-traditional forums for expressive activities, it may not discriminate on the basis of content or viewpoint in according access.1460 The Court, however, remains divided with respect to the reach of the public forum doctrine.1461

Speech in public forums is subject to time, place, and manner regulations that take into account such matters as control of traffic in the streets, the scheduling of two meetings or demonstrations at the same time and place, the preventing of blockages of building entrances, and the like.1462 Such regulations are closely scrutinized in order to protect free expression, and, to be valid, must be justified without reference to the content or subject matter of speech,1463 must serve a significant governmental interest,1464 and must leave open ample alternative channels for communication of the information.1465 The Court has written that a time, place, or manner regulation “must be narrowly tailored to serve the government’s legitimate, content-neutral interests but that it need not be the least restrictive or least intrusive means of doing so. Rather, the requirement of narrow tailoring is satisfied . . . [s]o long as the means chosen are not substantially broader than necessary to achieve the government’s interest . . . .”1466 A content-neutral time, place, and manner regulation of the use of a public forum must also “contain adequate standards to guide the official’s decision and render it subject to effective judicial review.”1467 Unlike a content-based licensing scheme, however, it need not “adhere to the procedural requirements set forth in Freedman.”1468 These requirements include that the “burden of proving that the film [or other speech] is unprotected expression must rest on the censor,” and that the censor must, “within a specified brief period, either issue a license or go to court to restrain showing the film. Any restraint imposed in advance of a final judicial determination on the merits must similarly be limited to preservation of the status quo for the shortest fixed period compatible with sound judicial resolution.”1469

A corollary to the rule forbidding regulation based on content is the principle—a merging of free expression and equal protection standards—that government may not discriminate between different kinds of messages in affording access.1470 In order to ensure against covert forms of discrimination against expression and between different kinds of content, the Court has insisted that licensing systems be constructed as free as possible of the opportunity for arbitrary administration.1471 The Court has also applied its general strictures against prior restraints in the contexts of permit systems and judicial restraint of expression.1472

It appears that government may not deny access to the public forum for demonstrators on the ground that the past meetings of these demonstrators resulted in violence,1473 and may not vary a demonstration licensing fee based on an estimate of the amount of hostility likely to be engendered,1474 but the Court’s position with regard to the “heckler’s veto,” the governmental termination of a speech or demonstration because of hostile crowd reaction, remains unclear.1475

The Court has defined three categories of public property for public forum analysis. First, there is the traditional public forum— places such as streets and parks that have traditionally been used for public assembly and debate, where the government may not prohibit all communicative activity and must justify content-neutral time, place, and manner restrictions as narrowly tailored to serve a legitimate interest.1476 Second, there is the designated public forum, where the government opens property for communicative activity and thereby creates a public forum. Such a forum may be limited—hence the expression “limited public forum”—for “use by certain groups, e. g.Widmar v. Vincent (student groups), or for discussion of certain subjects, e. g.,City of Madison Joint School District v. Wisconsin PERC (school board business),”1477 but, within the framework of such legitimate limitations, “a content-based prohibition must be narrowly drawn to effectuate a compelling state interest.”1478 Third, with respect to “[p]ublic property which is not by tradition or designation a forum for public communication,” the government “may reserve the forum for its intended purposes, communicative or otherwise, as long as the regulation on [sic] speech is reasonable and not an effort to suppress expression merely because public officials oppose the speaker’s view.”1479 The distinction between the first and second categories, on the one hand, and third category, on the other, can therefore determine the outcome of a case, because speakers may be excluded from the first and second categories only for a “compelling” governmental interest, whereas exclusion from the third category need only be “reasonable.”

https://law.justia.com/constitution/us/amendment-01/17-speech-plus.html


Court has changed position on regulating commercial expression

In 1976 the Court reversed its position and identified constitutional values for purely commercial expression. In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976), the Court concluded that “the free flow of commercial information is indispensable” to effective decision making in “a free enterprise system” and “to the formation of intelligent opinions as to how that system ought to be regulated or altered.” Although the Virginia Pharmacy decision did not explicitly overturn Valentine, it unambiguously repudiated that precedent’s conclusion regarding constitutional protection for commercial speech. Finally, in Central Hudson Gas and Electric Corp. v. Public Service Commission (1980) the Court articulated a four-part test to be used when regulating commercial speech.

https://www.mtsu.edu/first-amendment/article/212/valentine-v-chrestensen


What does a free press do?

Front Pages gallery

Press freedom in action takes many forms. Around the world, many people believe a free press ensures a thriving democracy.

People have a need to know. Journalists have a right to tell. News is history in the making and journalists provide the first draft of history. The information gathered by journalists allows people to make decisions and participate in democracy, such as by voting or petitioning the government.

For decades, many Americans have believed that diversity affects the quality of journalism. More diversity in the news and among the people who produce journalism can have a significant impact – whether that diversity reflects race, gender, sexual orientation and identity, life experience or ideology.

An outlet that publishes false information about a person, for example, can be sued for libel.

Newsgathering

REPORTING AND PHOTOGRAPHING IN PUBLIC PLACES

Journalists gather news by observing, talking to people, taking photos and recording videos. Journalists aren’t guaranteed access that others aren’t, but they can be in public anywhere any of us can, with the same rights and restrictions.

The courts have generally stood behind journalists who act reasonably in trying to get information — but courts have not protected those who blatantly disregard police orders. Courts have recognized under the First Amendment that journalists can be left alone by the police, so long as they do not unreasonably interfere with or obstruct police activity or risk their own personal safety.

The Supreme Court has said that recording video in public places can be protected speech if the recorder – professional journalist or otherwise – has a message and an audience to receive it.

What courts don’t all agree on is what limits and restrictions are OK, for example, whether there is sometimes or always a right to record police activity, or whether laws or policies can limit the circumstances in which recording can take place.

https://www.freedomforum.org/freedom-of-press/the-medias-role-as-watchdogs/#Press5

 


“The press was to serve the governed, not the governors.”

—U.S. Supreme Court Justice Hugo Black in New York Times Co. v. United States (1971)

The freedom of the press, protected by the First Amendment, is critical to a democracy in which the government is accountable to the people. A free media functions as a watchdog that can investigate and report on government wrongdoing. It is also a vibrant marketplace of ideas, a vehicle for ordinary citizens to express themselves and gain exposure to a wide range of information and opinions.

The rise of the national security state and the proliferation of new surveillance technologies have created new challenges to media freedom. The government has launched an unprecedented crackdown on whistleblowers, targeting journalists in order to find their sources. Whistleblowers face prosecution under the World War One-era Espionage Act for leaks to the press in the public interest. And in the face of a growing surveillance apparatus, journalists must go to new lengths to protect sources and, by extension, the public’s right to know.

The ACLU has played a central role in defending the freedom of the press, from our role in the landmark Pentagon Papers case to our defense of whistleblower Edward Snowden and our advocacy for a new media shield law. When press freedom is harmed, it is much harder to hold our government accountable when it missteps or overreaches.

https://www.aclu.org/issues/free-speech/freedom-press


Albert Krantz v. City of Fort Smith
A 1998 decision by the Eighth Circuit Court of Appeals concerning the distribution and posting of flyers and leaflets. In this ruling informed by the First Amendment’s protection of freedom of expression.

KRANTZ v. CITY OF FORT SMITH United States Court of Appeals,Eighth Circuit. No. 97-3359. Decided: November 30, 1998

  1. are not facially invalid on First Amendment overbreadth grounds,
  2. are not unconstitutional as applied to plaintiffs, and
  3. were not enacted with a discriminatory purpose.   In addition, defendant the City of Dyer challenges plaintiffs' standing.   
    For the reasons stated below, we hold that plaintiffs have standing to sue the City of Dyer. We further hold that the 
    ordinances are unconstitutional because they are facially overbroad restrictions on free speech.   Accordingly, we do not 
    reach the remaining issues raised on appeal.   The judgments of the district court are reversed, and the case is remanded 
    to the district court for further proceedings consistent with this opinion.
    

In the present case, notwithstanding defendants’ evidence that government officials received complaints about handbills left on cars and that the ordinances were enacted for the purpose of preventing litter, defendants have not established a factual basis for concluding that a cause-and-effect relationship actually exists between the placement of handbills on parked cars and litter that impacts the health, safety, or aesthetic well-being of the defendant cities.   This flaw in defendants’ position provides an alternative basis for reversing the district court’s grant of summary judgment for defendants.   Id. at 469 (“The City has not provided factual support for the assumptions that underlie its exclusion of churches, and the alleged secondary effects of churches on commercial activity remain a disputed factual issue.”);   cf.  Excalibur Group, 116 F.3d at 1221 (affirming grant of summary judgment for defendant where the record “indicate [d] that the city had substantial evidence on which to base its conclusions about the secondary effects of adults-only businesses.”).   Even if we were to assume that a logical connection exists between plaintiffs’ handbilling activities and the actual or potential presence of litter on defendants’ streets, that correlation does not necessarily mean the ordinances are narrowly tailored to serve the purpose of preventing litter.   Although a governmental restriction does not have to be the least restrictive or least intrusive means of regulation, it may not, under well-established constitutional standards, curtail substantially more speech than is necessary to accomplish its purpose, which is precisely what the ordinances do.

Conclusion

We hold that the challenged portions of the ordinances are not narrowly tailored to serve the governmental purpose asserted by defendants.   Having therefore determined as a matter of law that the ordinances are facially invalid on overbreadth grounds, we need not address plaintiffs’ remaining arguments on appeal concerning their claims of selective enforcement and discriminatory enactment.   The judgments of the district court are reversed, and this case is remanded to the district court for further proceedings consistent with this opinion.

https://caselaw.findlaw.com/us-8th-circuit/1381522.html

 

  


Hale v. Henkel was decided by the united States Supreme Court in 1906. The opinion of the court states:
“The “individual” may stand upon “his Constitutional Rights” as a CITIZEN. He is entitled to carry on his “private” business in his own way. “His power to contract is unlimited.” He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no duty to the State, since he receives nothing there from, beyond the protection of his life and property. “His rights” are such as “existed” by the Law of the Land (Common Law) “long antecedent” to the organization of the State”, and can only be taken from him by “due process of law”, and “in accordance with the Constitution.” “He owes nothing” to the public so long as he does not trespass upon their rights.”
HALE V. HENKEL 201 U.S. 43 at 89 (1906) Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it isn’t. No other Supreme Court case has ever overturned Hale v. Henkel

None of the various issues of Hale v. Henkel has ever been overruled Since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact on precedent authority of the cited case.  Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts. Basso v. UPL, 495 F. 2d 906 Brook v. Yawkey, 200 F. 2d 633

Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828) Under federal Law, which is applicable to all states, the U.S. Supreme Court stated that “if a court is without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentences are considered, in law, as trespassers.” Griffin v. Mathews, 310 Supp. 341, 423 F. 2d 272 Hagans v. Lavine, 415 U.S. 528 Howlett v. Rose, 496 U.S. 356 (1990) Federal Law and Supreme Court Cases apply to State Court Cases. Sims v. Aherns, 271 SW 720 (1925) ”

 


an in-depth article can be found below regarding

more Scotus for you 1st Amendment – First Amendment + Rulings in Favor 

FLYERS/LEAFLETS/HANDBILLS/ = MODERN DAY WEBPAGE

TODAY WE USE SOCIAL MEDIA OR WEBPAGES TO CATCH EYEBALLS ATTENTION TO OUR CAUSE, THE BEHAVIOR IS THE MODERN DIGITAL FORM OF LEAFLETS 

U.S. Supreme Court

  • Miller v. US, 230 F 486 at 489 The claim and exercise of a Constitutional right cannot be converted into a crime.
  • Marbury v. Madison Chief Justice John Marshall Marbury v. Madison, 5 US (1Cranch) 137, 174, 176 (1803) All laws which are repugnant to the Constitution are null and void. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Marbury v. Madison, 5 US 137,(1803) “The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803) “… the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”
    Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional. “In declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank”. “All law (rules and practices) which are repugnant to the Constitution are VOID”. Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional.
  • State v. Sutton, 63 Min 147, 65 NW 262, 30 LRA630, AM ST 459 When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetuated, and no one is bound to obey it.
  • Norton vs. Shelby County, 118 US 425 p. 442. “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”
  • Bell v. Hood, 71 F.Supp., 813, 816 (1947) U.S.D.C. — So. Dist. CA. History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government.”
  • SIMMONS v US, supra. “We find it intolerable that one constitutional right should have to be surrendered in order to assert another”
  • Sable Communications of California v. Federal Communications Commission (1989)
    When Congress acted to restrict this growing industry, Sable Communications filed suit in federal district court seeking an injunction against enforcement of the obscene and indecent portions of Section 223(b). The district court denied the injunction, upheld the obscenity portion, and struck down the indecency section of Section 223(b).
  • United States Supreme Court Rosenfeld v. New Jersey (1972) it is well understood that the right of free speech is not absolute at all times and under all circumstances. overly broad and violative of the First Amendment” State v. Rosenfeld 62 N.J. 594 (1973) 303 A.2d 889
  • Miranda vs Arizona, 384 U.S. 436 p. 491 “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”
  • Cohen v. California (1971) 403 U.S. 15 (1971),  The Supreme Court established that the government generally cannot criminalize the display of profane words in public places. The     Court rejected a fighting words application to a young man who wore a leather jacket with the words “fuck the draft” on it in a public courthouse.
     Held: Absent a more particularized and compelling reason for its actions, the State may not, consistently with the First and Fourteenth Amendments, make the simple public display of this single four-letter expletive a criminal offense.  Pp. 403 U. S. 22-26. Cohen v. California, 403 U.S. 15 (1971)1 Cal. App. 3d 9481 Cal. Rptr. 503, reversed.

HARLAN, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, and MARSHALL, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which BURGER, C.J., and BLACK, J., joined, and in which WHITE, J., joined in part, post, p. 403 U. S. 27.

  • People v. Boomer (Mich. Ct. App.) (2002) “Allowing a prosecution where one utters ‘insulting’ language could possibly subject a vast percentage of the populace to a misdemeanor conviction,”
  • A.V v St Paul 1992 Justices ruled as unconstitutional a St. Paul ordinance classifying as hate speechwords “that insult, or provoke violence, ‘on the basis of race, color, creed, religion or gender.’ ”
  • Karlan v. City of Cincinnati (1974) Police officers should not be considered “fighting words,” because police officers are trained to exercise a higher degree of constraint than the average citizen.
  • Reno v. American Civil Liberties Union (1997)
    speech on the Internetis entitled to the same high degree of First Amendment protection extended to the print media as opposed to the reduced level given the broadcast media.
  • Bible Believers v. Wayne County (6th Cir.) (2015)
    The case stands for the principle that the First Amendment protects unpopular speech and that government officials should not sanction a heckler’s veto.
  • Albert Krantz v. City of Fort Smith
    A 1998 decision by the Eighth Circuit Court of Appeals concerning the distribution and posting of flyers and leaflets. In this ruling informed by the First Amendment’s protection of freedom of expression.
  • Lucas v. Arkansas (1974)416 U.S. 919 (1974)
    The single-sentence Supreme Court decision in Lucas v. Arkansas, 416 U.S. 919 (1974), vacated and remanded this case, along with Kelly v. Ohio, Rosen v. California, and Karlan v. City of Cincinnati, to a state court for further consideration in light of the Court’s opinion in Lewis v. City of New Orleans (1974). Court remanded convictions after saying ordinance prohibiting fighting words violated First Amendment
  • Uzuegbunam v. Preczewski (2021) authorities asked him to stop on the basis that others had complained and that the college prohibited any such speech that “disturbs the peace and/or comfort of person(s).”
  • Lewis v. City of New Orleans (1974)  The U.S. Supreme Court in 1974 overturned a woman’s conviction for cursing at police. Lewis had overturned a New Orleans ordinance on the basis that it violated the First and Fourteenth Amendments by being overbroad in its attempt to prohibit vulgar and offensive speech and “fighting words,” as recognized in Chaplinsky v. New Hampshire (1942) and Gooding v. Wilson (1972).
  • City of Houston v. Hill (1987)  In City of Houston v. Hill, 482 U.S. 451 (1987), the Supreme Court found a city ordinance prohibiting verbal abuse of police officers to be unconstitutionally overbroad and a criminalization of protected speech.

  • STATE of Nebraska, appellee, v. Darren J. DRAHOTA Darren Drahota sent a couple of anonymous insulting emails to William Avery, Drahota’s former political science professor, who was running for the Nebraska Legislature at the time. (Avery was eventually elected and served two terms.) Drahota was convicted of disturbing the peace for sending those emails, but the conviction was reversed in 2010 by the Nebraska Supreme Court. (I have a soft spot in my heart for this case, because it was the first First Amendment case I ever argued in court.)
  • STATE of Iowa, Appellee, v. William James FRATZKE, Appellant  William Fratzke was convicted of harassment “because he wrote a nasty letter to a state highway patrolman to protest a speeding ticket.” The Iowa Supreme Court (1989) reversed, on First Amendment grounds.
  • State of Wisconsin v. Thomas G. Smith Thomas Smith was convicted of disorderly conduct and “unlawful use of a computerized communication system” for leaving two vulgar, insulting comments on a police department’s Facebook page. A one-judge Wisconsin Court of Appeals decision (2014) reversed. (Note that such insults aren’t unprotected “fighting words” because they aren’t face-to-face and thus aren’t likely to lead to an immediate fight.)
  • Commonwealth v. Bigelow – Harvey Bigelow sent two letters to Michael Costello, an elected town council member; both were insulting, and one was vulgar. Bigelow was convicted of criminal harassment, but the Massachusetts high court (2016) reversed: “Because these letters were directed at an elected political official and primarily discuss issues of public concern — Michael’s qualifications for and performance as a selectman — the letters fall within the category of constitutionally protected political speech at the core of the First Amendment.” And this was true even though the letters were sent to him at home.  the case law link was above, but you can actually read the newspaper article of his exact doings here
  • People v. Powers, (2011) 193 Cal.App.4th 158,166. (“We conclude that the recordings appellant left on the customer service line cannot constitute substantial evidence that appellant violated section 653m, subdivision (a) [California’s annoying phone calls law]. The messages are annoying rants concerning customer service. It is reasonable for someone to be annoyed by appellant’s language. But the vulgarities uttered cannot be described as obscene, especially in the context of a customer service line maintained to take complaints. Except in extreme cases, we doubt that a person whose job it is to receive consumer complaints has a right to privacy against unwanted intrusion.”) THE PEOPLE,  v. DAVID THOMAS POWERS  determined although they may be a little annoying they were NOT ILLEGAL!
  • Ion Popa left seven messages containing racist insults on the answering machine of the head federal prosecutor in D.C. — Eric Holder, who eventually became attorney general. He was convicted of telephone harassment, which banned all anonymous calls made “with intent to annoy, abuse, threaten, or harass.”
    But the D.C. Circuit (1989) expressly held that the First Amendment prevented the statute from applying to “public or political discourse,”
     such as condemnation of political officials (even left expressly for that official).
  • Vermont’s Top Court Weighs: Are KKK Fliers 1st Amendment Protected Speech? see also Vermont v. Schenk 2015 

How did the US Supreme Court test speech ? For Obscenities the Supreme Court has went for Hicklin rule but that have been dropped in place of 
the Miller Test in California v. Miller come up with a way to test speech outside of obscene? How does the Supreme Court determine if words are 
a is a TRUE THREAT or just free speech. Watts v. United States - True Threat Test





Judge’s & Prosecutor’s Jurisdiction Judicial & Prosecutorial Ethics for Pro Se Litigants



To Learn More…. Read MORE Below and click the links


Learn More About True Threats Here below….

We also have the The Brandenburg v. Ohio (1969)1st Amendment

CURRENT TEST = We also have the TheBrandenburg testfor incitement to violence 1st Amendment

We also have the The Incitement to Imminent Lawless Action Test 1st Amendment

We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

We also have the Watts v. United StatesTrue Threat Test – 1st Amendment

We also have theClear and Present Danger Test – 1st Amendment

We also have theGravity of the Evil Test – 1st Amendment

We also have the Elonis v. United States (2015) – Threats – 1st Amendment


Learn More About What is Obscene….

We also have the Miller v. California 3 Prong Obscenity Test (Miller Test) – 1st Amendment

We also have the Obscenity and Pornography – 1st Amendment


Learn More About Police, The Government Officials and You….

We also have theBrayshaw v. City of Tallahassee1st Amendment Posting Police Address

We also have thePublius v. Boyer-Vine –1st Amendment Posting Police Address

We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests

We also have the Nieves v. Bartlett (2019)1st Amendment – Retaliatory Police Arrests

We also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – 1st Amendment

We also have the Introducing TEXT & EMAILDigital Evidencein California Courts  1st Amendment

We also have the First Amendment Encyclopedia very comprehensive 1st Amendment


ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

We also have the Penal Code 118 PC – California Penalty of “Perjury” Law

We also have theFederal Perjury – Definition by Law

We also have the Penal Code 132 PCOffering False Evidence

We also have the Penal Code 134 PCPreparing False Evidence

We also have thePenal Code 118.1 PCPolice Officers Filing False Reports

We also have the Spencer v. PetersPolice Fabrication of Evidence – 14th Amendment

We also have the Penal Code 148.5 PC –  Making a False Police Report in California

We also have the Penal Code 115 PC – Filing a False Document in California


Know Your Rights Click Here (must read!)

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983Civil Action for Deprivation of Right$

$ection 1983 LawsuitHow to Bring a Civil Rights Claim

18 U.S. Code § 242Deprivation of Right$ Under Color of Law

18 U.S. Code § 241Conspiracy against Right$

$uing for MisconductKnow More of Your Right$

Police Misconduct in CaliforniaHow to Bring a Lawsuit

New Supreme Court Ruling – makes it easier to sue police

Judge’s & Prosecutor’s Jurisdiction Judicial & Prosecutorial Ethics for Pro Se Litigants


RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$

YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK

We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment thisCODE PROTECTS all US CITIZENS

We also have the  Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment thisCODE PROTECTS all US CITIZENS

We also have the 9.32 Interference with Parent / Child Relationship – 14th Amendment thisCODE PROTECTS all US CITIZENS

We also have the California Civil Code Section 52.1Interference with exercise or enjoyment of individual rights

We also have the Parent’s Rights & Children’s Bill of RightsSCOTUS RULINGS FOR YOUR PARENT RIGHTS

We also have a SEARCH of our site for all articles relatingfor PARENTS RIGHTS Help!


Contesting / Appeal an Order / Judgment / Charge

Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation 

Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385Dismissal of the Action for Want of Prosecution or Otherwise

Penal Code 1538.5Motion To Suppress Evidence in a California Criminal Case

CACI No. 1501 – Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California –  Motion to Dismiss

WIC § 700.1If Court Grants Motion to Suppress as Evidence


 Epic Criminal / Civil Rights SCOTUS Help Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling Parental Rights Help Click Here