Amendment for your topic (from the Bill of Rights) Citizens United v. Federal Election Commission (2010
Citation:
Key Use:
What information from this source seems the most important? Note key points mentioned in the source.
Citizens United sought an injunction against the Federal Election Commission in the United States District Court for the District of Columbia to prevent the application of the Bipartisan Campaign Reform Act (BCRA) to its film Hillary: The Movie. The Movie expressed opinions about whether Senator Hillary Rodham Clinton would make a good president.
Citizens United argued that: 1) Section 203 violates the First Amendment on its face and when applied to The Movie and its related advertisements, and that 2) Sections 201 and 203 are also unconstitutional as applied to the circumstances.
The United States District Court denied the injunction. Section 203 on its face was not unconstitutional because the Supreme Court in McConnell v. FEC had already reached that determination. The District Court also held that The Movie was the functional equivalent of express advocacy, as it attempted to inform voters that Senator Clinton was unfit for office, and thus Section 203 was not unconstitutionally applied.
How does this source support your topic? This supports my topic on how many big companies and corporations take advantage of the system and take away many peoples first amendment rights because the speech or saying will make their company look bad or it doesnt argue with what they do. As we can see in this case the two didnt argue on the same thing causing one to sue and the other trying to take the right of speech away.
What information from this source would be most useful to include in your informative/explanatory article? I think the information that is important is the one talking/showing how the system is one not protecting us to its fullest and two how it’s taking away many free rights of speech away by taking down posts.
One Multimedia Resource (videos, slideshows, audio files, infographics)
Citation: https://www.mtsu.edu/first-amendment/article/1141/privacy
Key Use:
What information from this source seems the most important? Note key points mentioned in the source.
The articles main point is privacy, and where in legal literature it appears.
Theories that Common law of torts, protects against governmental invasion of privacy
How does this source support your topic?
It clearly states several constitutional and common law examples of protection of privacy
What information from this source would be most useful to include in your informative/explanatory article?
Initially, the common law upon which the U.S. Constitution, state constitutions, and state laws are based, protected only property rights. During the 1880s, however, legal scholars began to theorize that the common law of torts, which involves injuries to private persons or property, also protected against government invasion of privacy.
Haydel, J. A. (2009). Privacy. Mtsu.Edu. https://www.mtsu.edu/first-amendment/article/1141/privacy
Two Contemporary Case Resources (articles on recent case)
#1https://indefenseofliberty.blog/2018/04/19/campus-free-speech-crisis-continues-and-administrators-do-nothing/?gclid=Cj0KCQiA7NKBBhDBARIsAHbXCB53R_Rhx0-oxnkngUQiCT79A0e-85kUtKdDUSSay8FFA7t_vEE1iFoaAqSrEALw_wcB
Citation Information:
Key Use:
What information from this source seems the most important? Note key points mentioned in the source. At the City University of New York (CUNY) law school, students shouted at guest lecturer Josh Blackman for approximately 10 minutes before he could continue his remarks. Remarkably, the CUNY law school dean issued a statement saying there would be no consequences for those that delayed the event and called it a non-violent, limited protest, even though video evidence shows protestors prevented Blackman from speaking before filing out of the room. Inside Higher Ed reports that students who wanted to hear Blackman speak were intimidated from coming in the room because of the protestors.
Last weekend, Duke University President Vincent Prices speech before alumni during Alumni Weekend was stopped when student protestors commandeered the stage, according to the Raleigh News Observer. The paper reports some 30 protestors used a bullhorn to shout demands and told the university president to leave the stage. Some alumni walked out of the event. Though administrators stood by and conferred about how to handle the situation when it unfolded, as of this writing, the News Observer and Duke Chronicle do not report that school leadership is considering taking action after the event.
How does this source support your topic? This is able to support my topic by showing how many steps away from social media and go to the main source to speak their truth and concerns and many get shut downed and then have the story turned around against them.
What information from this source would be most useful to include in your informative/explanatory article? Pretty much everything that this article says is useful because its showing the truth of many big influencers or politicians who say one thing but will go against the people and use the system to their advantage causing pain to many of our people.
#2
Citation Information:
https://www.bloomberg.com/opinion/articles/2021-01-14/is-trump-s-jan-6-rally-speech-protected-by-the-first-amendment
Key Use:
What information from this source seems the most important? Note key points mentioned in the source.That means the First Amendment as interpreted by the Supreme Court isnt relevant and shouldnt protect Trump. The framers kept the high crimes and misdemeanors language intentionally broad so that presidents could be held accountable for a wide array of abuses of power, including interfering with a free and fair election.
How does this source support your topic?
Even the former president is not exempt from stipulations to the first amendment
What information from this source would be most useful to include in your informative/explanatory article?With the House of Representatives having voted to impeach President Donald Trump for incitement to insurrection, its time to start contemplating what Trumps defense will be in a Senate trial. The answer can be summed up briefly: Trumps lawyers will argue that Trump did not commit a crime of incitement and that his words were protected by the First Amendment.
But wait, you may say, if you can remember Trumps 2020 Senate trial 12 months ago (so much has happened since then that I barely can and I testified during the House Judiciary Committee proceedings): Impeachment is for high crimes and misdemeanors under the Constitution. That doesnt require conviction of a federal crime.
Two Advocacy Documents or Articles (document or article including statements from presidents, politicians, or advocates about the topic you selected)
#1
Citation Information:https://thehill.com/opinion/white-house/534671-a-first-amendment-agenda-for-bidens-first-100-days
Key Use:
What information from this source seems the most important? Note key points mentioned in the source.President Biden can begin on day one by rescinding three executive orders that embodied President Trumps authoritarian impulses: his order threatening social media platforms, a thinly-veiled attempt to punish the platforms for adding fact-checking labels to his deceptive statements; his order barring businesses and individuals from conducting many kinds of diversity training, a ham-handed effort to suppress discussions of race and social justice; and his order imposing sanctions on staff of the International Criminal Court and American scholars and advocates who work with the court, a shameful attempt to interfere with investigations of war crimes. All three of these clearly violate First Amendment prohibitions on government retribution for speech that it disfavors.
How does this source support your topic?
It shows president biden as a first amendment advocate
What information from this source would be most useful to include in your informative/explanatory article?
The range of speech-related challenges the new administration will confront is daunting. Many of these challenges involve novel questions at the intersection of free expression and new technologies and will require careful thought and creative solutions from federal agencies, Congress and the courts. But there are steps the administration can take on its own, in its earliest days, to roll back, revise or improve a range of practices and policies that are now undermining First Amendment freedoms and weakening our democracy.
#2
Citation Information:
https://www.thefire.org/biden-we-hurt-ourselves-badly-when-we-dont-allow-free-speech-on-campus-video/
Key Use:
What information from this source seems the most important? Note key points mentioned in the source.
You know, its interesting when I was coming up through college and graduate school free speech was the big issue but it was the opposite. It was liberals were shouted down when they spoke and liberals have very short memories no no, I mean this sincerely. Its a demonstration that whats whats been lost here. The First Amendment means what it says. Youre not allowed to stand up and yell fire in this auditorium. But you are allowed to stand up and say, Biden, I think youre an absolute jerk, and Biden, I think whatever and by the way I think we should do away with, or I believe that race is the problem in America.
How does this source support your topic?
It shows president biden as a first amendment advocate
What information from this source would be most useful to include in your informative/explanatory article?
Now, speech can move to the point of incitement; inciting riots, inciting but the truth of the matter is: The incitement that occurs before the person even speaks, that falls on those who are engaged in that violence, not on the speaker. And so I got in trouble, as predicted by by the Gov because when that first effort at Berkeley [unintelligible], I went public and said I thought they were absolutely wrong denying the ability of the various people to go out and speak.
I mean, look, if your idea is big enough, it should be able to compete and you should be able to listen to another point of view, as virulent as it may be, and reject it, expose it. The best thing to do is let this stuff be exposed. Dont be like these other people. Dont give the Trumps of the world the ability to compare you to the Nazis, or you to the racists, or you to because youre doing the same thing. Youre silencing. That we mean what we say.
Two Documents or Articles for Landmark Case (relating to your topic)
#1
Citation Information:https://en.wikipedia.org/wiki/Citizens_United_v._FEC#Opinion_of_the_Court
Key Use:
What information from this source seems the most important? Note key points mentioned in the source. Five justices formed the majority and joined an opinion written by Justice Anthony Kennedy. The Court found that the BCRA 203 prohibition of all independent expenditures by corporations and unions violated the First Amendment’s protection of free speech.[29] The majority wrote, “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech.”[30]
How does this source support your topic?s upreme court agrreed in favor of free speech
What information from this source would be most useful to include in your informative/explanatory article?Justice Kennedy’s opinion also noted that because the First Amendment does not distinguish between media and other corporations, the BCRA restrictions improperly allowed Congress to suppress political speech in newspapers, books, television, and blogs.
#2
Citation Information:https://www.fec.gov/legal-resources/court-cases/citizens-united-v-fec/
Key Use: The Supreme Court found that resolving the question of whether the ban in 441b specifically applied to the film based on the narrow grounds put forth by Citizens United would have the overall effect of chilling political speech central to the First Amendment. Instead, the Court found that, in exercise of its judicial responsibility, it was required to consider the facial validity of the Acts ban on corporate expenditures and reconsider the continuing effect of the type of speech prohibition which the Court previously upheld in Austin.
What information from this source seems the most important? Note key points mentioned in the source.
How does this source support your topic?
Further solidifies supreme court favor of first amendment rights
What information from this source would be most useful to include in your informative/explanatory article?
The Supreme Court found that resolving the question of whether the ban in 441b specifically applied to the film based on the narrow grounds put forth by Citizens United would have the overall effect of chilling political speech central to the First Amendment. Instead, the Court found that, in exercise of its judicial responsibility, it was required to consider the facial validity of the Acts ban on corporate expenditures and reconsider the continuing effect of the type of speech prohibition which the Court previously upheld in Austin.
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