Mediaboss Marketing

The first, and most well-known amendment of the constitution reads:

In 1789, James Madison nicknamed "the father of the Constitution" proposed 12 amendments that ultimately became the 10 amendments that make up the U.S. Bill of Rights. Madison was unquestionably the person who wrote the First Amendment in this respect.But this doesn't mean he was the one who came up with the idea. Several factors complicate his status as an author:

While Madison unquestionably wrote the First Amendment, it would be a bit of a stretch to suggest that it was solely his idea or to give him the entire credit for it. His model for a constitutional amendment protecting free expression and freedom of conscience wasn't particularly original and its purpose was merely to honor his mentor. If there is anything outstanding about James Madison's role in the creation of the amendment it was that someone of his position was able tostand up and call for these protections to be permanently written into the U.S. Constitution.

Here is the original post:
The History of the First Amendment - ThoughtCo

Wikimedia list article

Thirty-three amendments to the United States Constitution have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of these, having been ratified by the requisite number of states (38, since 1959), are part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states. Four of these amendments are still pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. All 33 amendments are listed and detailed in the tables below.

Article Five of the United States Constitution details the two-step process for amending the nation's frame of government. Amendments must be properly proposed and ratified before becoming operative. This process was designed to strike a balance between the excesses of constant change and inflexibility.[1]

An amendment may be proposed and sent to the states for ratification by either:

As of 2019, the convention option has never been used. Convening one would (as of 1959) require action by the legislatures of 34 states.[4]

To become part of the Constitution, an amendment must be ratified by either (as determined by Congress):

The only amendment to be ratified through the state convention method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919).[5]

When a constitutional amendment is sent to the states for ratification, the Archivist of the United States is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C.106b.[6] Then, upon being properly ratified, the archivist issues a certificate proclaiming that an amendment has become an operative part of the Constitution.[2]

Beginning in the early 20th century, Congress has usually, but not always, stipulated that an amendment must be ratified by the required number of states within seven years from the date of its submission to the states in order to become part of the Constitution. Congress' authority to set a ratification deadline was affirmed in 1939 by the United States Supreme Court in Coleman v. Miller (307 U.S. 433).[3]

Approximately 11,770 proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019).[3][7] Collectively, members of the House and Senate typically propose around 200 amendments during each twoyear term of Congress.[8] Proposals have covered numerous topics; but none made in recent decades have become part of the Constitution. Historically, most died in the congressional committees to which they were assigned. Since 1999, only about 20 proposed amendments have received a vote by either the full House or Senate. The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978. Only 16 states had ratified it when the seven-year time limit expired.[9]

Continue reading here:
List of amendments to the United States Constitution

Recently there have been instances popping up all over social media regarding First Amendment Audits of law enforcement and government buildings and practices. The entire focus of these audits is to judge the proper (or often improper) response of law enforcement to the presence of a cameraman. The hopes of some auditors is to have a poor contact with law enforcement, resulting in a violation of their 4th Amendment rights and or a bad arrest. This obviously places the officer and agency in line for civil damages and embarrassing online videos. This also leads to interesting and valuable training opportunities!

A review of many of the posted audit videos shows us, extremely well trained and professional law enforcement officers acting what I can only describe as childish when confronted with an audit and a camera. From us blocking their view, following them, challenging them for ID, or even worse, pulling out our own cell phone and taking pictures and video of them. What is the point? The videos are never taken well by the public audience, and the comments; I wont even mention them.

I know, some of you may be saying But terrorists, they scout locations and police stations are a target. I agree. They certainly do. When was the last time you found a terrorist standing in wide open view, in public, blatantly videotaping a public building with obvious disregard for the police driving around? Probably never. If they were going to scout a location, they would do it and you likely would never know.

Honestly, as a law enforcement professional for the past twenty years, I have seen my share of video cameras, and baiting of law enforcement. At no time have I felt a threat when someone with a camera was filming me, my police station, or anything to do with us as law enforcement. Remember, the audits are carefully planned to remain in a place that they can legally be, and there is no law about recording activity or buildings from a public place. They are well within their rights to do so, and from my experience, the best response to an audit roaming around your police station public areas is to ignore them. They eventually lose interest and move on to somewhere they can make headlines.

Consider the audits as a reminder that we do serve the public, and in such, we should adjust our policing and our methods to suit the situation. We shouldnt be carrying heavy stones over glass bridges as law enforcement.

See the original post:
First Amendment Audits and How to Respond California ...

That's it. That's the entirety of our Constitution's First Amendment, the central tenet of our American way of life that gets dragged out every time someone's banned from Twitter.

There's a lot going on in those few sentences, and it's important to know when and how it applies to common situations -- and, equally as important, when it doesn't.

Let's look at some common First Amendment arguments; illuminated and debunked by a constitutional expert.

This is not a First Amendment issue though plenty of people think it is.

This scenario illustrates one of the biggest misconceptions people have about the First Amendment. Bottom line: It protects you from the government punishing or censoring or oppressing your speech. It doesn't apply to private organizations. "So if, say, Twitter decides to ban you, you'd be a bit out of luck," Nott says. "You can't make a First Amendment claim in court."

However, while it's not unconstitutional, if private platforms outright ban certain types of protected speech, it sets an uncomfortable precedent for the values of free speech.

If you work for a private company, it's probably not a First Amendment issue.

"It's the company's right to discipline their employees' speech," Nott says.

If you're a government employee, it's complicated.

Institutions like police departments, public schools and local government branches can't restrict employee's free speech rights, but they do need to assure that such speech doesn't keep the employee from doing their job. It's definitely a balancing act, and the rise of social media has made it harder for such institutions to regulate their employee's speech in a constitutional manner.

If it's a private institution, it's probably not a First Amendment issue.

If it's a public institution, the lines can get blurry.

"If you invite someone to speak on your campus and are a public university, you have to respect their First Amendment rights," Nott says. That doesn't mean you can't put regulations on a speech, like dictating the time, place, venue and suggestions for subject matter. It just means you can't do so in a way that discriminates against a certain point of view.

If students protesting play a hand in moving or canceling a speaker, that presents a different free speech challenge.

"If a speaker were to take legal action for being blocked from speaking, they can't do it against the students. You can't take constitutional action against a group of private citizens," she adds.

Such a complaint would have to go against the school, for allowing the constitutional breach to happen.

Definitely a First Amendment issue.

But, like pretty much everything in law, there are exceptions and nuances.

"It's definitely unconstitutional, unless you are trying to incite people to violence with your speech," Nott says. Even then, it needs to be a true threat -- one that has immediacy and some sort of actual intent.

It's a private company, so it's not a First Amendment issue.

There's that refrain again: Private companies, like social media sites, can do whatever they want.

But regulating conversations and posts online is a delicate balance for social media giants like Facebook.

"That says, if you are an internet company and you have some way for people to post or leave comments, you are not liable for what they do," Nott says. This covers things like obscenity, violence and threats.

The problem is, this protection often butts up against the enforcement of basic community standards.

"Facebook is under enormous pressure to take down, not just violent and illegal content, but fake news," Nott says. "And the more it starts to play editor for its own site, the more likely it is to lose that Section 230 protection."

This is a First Amendment issue, at the very least in spirit.

"Symbolic speech is protected by the constitution," Nott says. "In essence, you have the right to not speak. You have the right to silence."

In theory, a private employer could require you to stand for the anthem or say the Pledge of Allegiance, but such a requirement may run afoul of the Civil Rights Act. Even in schools, where there have been some cases of students being singled out for sitting or kneeling for the anthem, it would be hard to provide justification for punishment.

"This is an act of political speech, the most protected type of speech," Nott says. "It's completely not disruptive because it's silent." Plus, it is buttressed by court cases that have decided there is no requirement to salute the flag.

A First Amendment issue -- usually.

You are fully within your rights to record the police doing their job in public. And if you get arrested while doing so, your constitutional rights are being violated.

This is, unless you were doing something unlawful at the time of your arrest.

In a heated situation with police, that can also become a gray area. Physical assault or threats could obviously get you arrested, but what about if you were just yelling at the police while recording, say, to get them to stop an act or to pay attention?

"That's tough," Nott says. "If you were disturbing the peace, you can get arrested for that, or for other things. But the bottom line is it's not a crime to record police activities in a public space."

If it's a student publication, it's a First Amendment issue.

Nott points to a landmark Supreme Court cases from 1969 that has acted as a standard for cases involving free speech at public universities and colleges. That's Tinker v. Des Moines Independent Community School District, which you can read more about below.

Another case, Bazaar v. Fortune from 1973, helps tailor these guidelines to the student press by stating that schools cannot act as "private publishers" just because they fund a student publication or program. In other words, they can't punish the publication -- whether it be through student firings, budget cuts or withdrawals or a ban -- just for printing or broadcasting something they don't like.

Now, a gentle reminder that this is just for PUBLIC schools. All together now: Private institutions can (usually) do what they want!

Follow this link:
First Amendment and free spech: When it applies and ... - CNN

July is a special month for U.S. history because on the 4th of July, 241 years ago, our country declared its independence. Many Americans celebrate our nations birthday by gathering with friends and family to attend summer cookouts and watch fireworks. Others travel to the Capitol for even grander Independence Day festivities, filled with elected officials at the White House or at the Lincoln Memorial.

July is also a great month to reflect on the founding ideals of our country, the progress it has made, and how far it still has to go. In the midst of that reflection, some of us might even consider how our citizenship guarantees protections, which may not be accessible or practiced in other countries.

David L. Hudson Jr..

Advocacy and grassroots movements are key ingredients in affecting systemic change, but they are only possible because of the protections granted by the U.S. Constitution. Thats why we sat down with David L. Hudson Jr., First Amendment expert and law professor, to discuss some misconceptions about our First Amendment Rights. Hudson serves as First Amendment ombudsman for the Newseum Institutes First Amendment Center. He is an author, co-author or co-editor of more than 40 books, including Let The Students Speak: A History of the Fight for Free Expression in American Schools (Beacon Press, 2011), and The Encyclopedia of the First Amendment (CQ Press, 2008). He has served as a senior law clerk at the Tennessee Supreme Court, and teaches First Amendment and Professional Responsibility classes at Vanderbilt University School of Law and various classes at the Nashville School of Law.

David L. Hudson Jr. :My initial interest began in high school. I got in trouble for engaging in certain speech and felt the punishment was unfair. Later in life, my interest deepened after I joined the First Amendment Center. I got to speak at different schools and really enjoyed discussing student rights. Eventually, I took it up a notch by becoming personal friends with free speech activists like John and Mary Beth Tinker, and wrote books on the subject.

David L. Hudson Jr. :One misconception is that the First Amendment limits both public and private actors. Under the state action doctrine, the First Amendment limits only public actors. Another misconception is that many people dont realize that the First Amendment protects a great deal of obnoxious, offensive, or repugnant speech. Justice Brennan once referred to this as a bedrock principle of the First Amendment.

AGF NOTE: The protections you receive at a public park are much different from what you may be entitled to during working hours if you work at a private corporation. However, there is a grey area that exists in the law to ensure workers are not being exploited.Hate speech is, within reason, protected by the First Amendment. People are entitled to condemn religions, political parties, economic system, etc. The premise is that government should not control speech, whether it agrees or disagrees with what is being said.

David L. Hudson Jr. :Student organizers have to be carefuleven under the speech-protective standard articulated in the Tinker casebecause some courts have held that student walkouts are disruptive to the educational process. However, there is a healthy degree of protection for student political clubs and such. Advocacy should be protected but if it becomes substantially disruptive, then it becomes a problem.

AGF NOTE: The Tinker case refers to Tinker v. Des Moines Independent Community School District (1969). In the case, students in an Iowa public school organized a protest against the Vietnam War, where they wore black armbands as a symbol of their opposition to the war. Administrators found out and the Principal threatened to suspend all students who participated. After the protest, students were suspended and parents sued the school for violation of freedom of speech. The U.S District Court sided with the school, ruling the protest disrupted learning. The United States Supreme Court ruled in a 7-2 decision in favor of the students in 1969. The court agreed that students, dont shed their constitutional rights at the school house gates. This has become known as the Tinker standard.

David L. Hudson Jr. :Students played a very significant role in the Civil Rights Movement. One of my favorite cases is Edwards v. South Carolina (1963). In that case, 187 African-American youth (and one white youth) were arrested for protesting and marching against segregation in Columbia, South Carolina.

David L. Hudson Jr. :It encompasses the right to petition the government for a redress of grievances. In a sense filing a lawsuit is a petition. But, when I think of petition in this context, I think of a list of signed student signatures, peacefully expressing their opposition to a school policy (like an overbroad or onerous dress code).

David L. Hudson Jr. :A key unanswered question concerns student rights online. Or asked another way how far does the arm of school authority extend to off-campus, online speech? We still dont know the answer.

As July comes to a close, we want encourage all of you to think about your advocacy and activism. In what ways are you an advocate and what causes do you champion with your everyday decisions? Whether you are currently a student or working professionally, consider the different protections and rights youre entitled to, depending on the context. Think about your ability to advocate for yourself and for others as a sacred component of your ability to move our country forward.

Kevin Hurtado is the Communications and Development Associate at Andrew Goodman Foundation. He graduated from Ramapo College of New Jersey with a Bachelors in International Studies and a minor in Human Rights and Genocide.Previously, Kevin worked as an Executive Assistant and Officer Manager at Newark Charter School Fund, a nonprofit dedicated to promoting educational equity in the city of Newark.

See the original post here:
A Conversation About First Amendment Rights with David L ...