query: what is one right or freedom from the first amendment

pos: First Amendment to the United States Constitution First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was originally proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied

pos: United States Constitution at Large" and serves as official notice to Congress and to the nation that the ratification process has been successfully completed. The First Amendment (1791) prohibits Congress from obstructing the exercise of certain individual freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and right to petition. Its Free Exercise Clause guarantees a person's right to hold whatever religious beliefs he or she wants, and to freely exercise that belief, and its Establishment Clause prevents the federal government from creating an official national church or favoring one set of religious beliefs over another. The amendment

pos: Privacy and the US government a legal right to privacy. The First Amendment states the government cannot violate the individual's right to " freedom of speech, or of the press". In the past, this amendment primarily served as a legal justification for infringement on an individual's right to privacy; as a result, the government was unable to clearly outline a protective scope of the right to speech versus the right to privacy. The most common cases through which individual private privacy is infringed upon is through unregulated freedom of speech and press which includes defamation speech under the First Amendment. Initially, in the case of

pos: Freedom of speech in the United States Freedom of speech in the United States In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, only prevents

pos: Free society political ends". Freedom of religion is defined as the right to practice religion in public or private. This also includes having full freedom to convert religion or to not follow a religion at all. This is also known as "freedom from religion". In 1791, the First Amendment states "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". There are two parts to the language

pos: Freedom of speech in the United States freedom of speech jurisprudence has been whether the First Amendment merely runs against state actors or whether it can run against private actors as well. Specifically, the issue is whether private landowners should be permitted to use the machinery of government to exclude others from engaging in free speech on their property (which means balancing the speakers' First Amendment rights against the Takings Clause). The right of freedom of speech within private shopping centers owned by others has been vigorously litigated under both the federal and state Constitutions, notably in the cases "Lloyd Corp. v. Tanner" (1972) and "Pruneyard Shopping

pos: Sex, Sin, and Blasphemy the First Amendment rights when, particular with regards to government involvement. "Censorship can be carried out by the government as well as private pressure groups. Censorship by the government is unconstitutional." (ACLU) Censorship has, to many people, gotten out of hand, and takes away from our First Amendment right of Freedom of Speech. "The question, therefore, is not whether we ought to have constraints on speech but what kinds of constraints?" (Huffpost). An argument of constraints is just an argument in itself. Peoples' views on constraints can vary from personal opinions, to personal exposures and experiences. The book focuses on

pos: First Amendment of the Constitution of India expression". Some courts had held the citizen's right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution of India to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence. The Parliament of India noted that in other countries with written constitutions, freedom of speech and of the press is not regarded as debarring the State from punishing or preventing abuse of this freedom. The right of citizens of India to practise any profession or to carry on any occupation, trade or business conferred by article

pos: Privacy concerns with social networking services has been recognized in various cases in the United States, particularly in the case of Melvin v. Reid. However, there is controversy surrounding the right to be forgotten in the United States as it conflicts with the public's right to know and the Constitution's First Amendment, restricting one's “right to freedom of speech and freedom of expression” (Amendment I). Privacy concerns have also been raised over a number of high-profile incidents which can be considered embarrassing for users. Various internet memes have been started on social networking sites or been used as a means towards their spread across the internet.

pos: Brandenburg v. Ohio group or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism". Convicted in the Court of Common Pleas of Hamilton County, Brandenburg was fined $1,000 and sentenced to one to ten years in prison. On appeal, the Ohio First District Court of Appeal affirmed Brandenburg's conviction, rejecting his claim that the statute violated his First Amendment and Fourteenth Amendment right to freedom of speech. The Supreme Court of Ohio dismissed his appeal without opinion. The rather cursory way in which the Ohio courts dismissed Brandenburg's constitutional arguments is unsurprising in light of the state of First

pos: America: Freedom to Fascism the government does not have to answer the American people's questions, even though it is guaranteed in the First Amendment. The text of the first amendment is as follows: "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." Russo's promotional materials state that the film was shown at Cannes in France, implying that it was screened as part of the prestigious Cannes Film Festival.

pos: Street v. New York "Texas v. Johnson" and "United States v. Eichman"). The Constitution provides that all Americans have the right to free speech; specifically, the First Amendment states that "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." This prohibition has been interpreted by the courts as applying to the entire federal government, but is not unlimited. The First Amendment protection of free speech is made binding

pos: Richmond Newspapers, Inc. v. Virginia the Constitution and Bill of Rights do not contain any explicit provisions which guarantee the public a right to access. The Court said that the First and Fourteenth Amendment expressly guarantee freedom of speech, freedom of the press and the right to public assembly, share a common purpose of assuring freedom of communication on matters relating to the functioning of government and were enacted against the backdrop of the long history of trials being presumptively open. Therefore ‘the First Amendment guarantees of speech and press, standing alone, prohibit government from summarily closing courtroom doors which had long been open to

pos: Human rights in the United States for his child can be considered to be a question of negative and positive rights. According to "Human Rights: The Essential Reference", "the American Declaration of Independence was the first civic document that met a modern definition of human rights." The Constitution recognizes a number of inalienable human rights, including freedom of speech, freedom of assembly, freedom of religion, the right to keep and bear arms, freedom from cruel and unusual punishment, and the right to a fair trial by jury. Constitutional amendments have been enacted as the needs of the society evolved. The Ninth Amendment and Fourteenth Amendment recognized

pos: Flag of the United States penalty for a private citizen or group failing to comply with the Flag Code and it is not widely enforced—indeed, punitive enforcement would conflict with the First Amendment right to freedom of speech. Passage of the proposed Flag Desecration Amendment would overrule legal precedent that has been established. When the flag is affixed to the right side of a vehicle of any kind (e.g.: cars, boats, planes, any physical object that moves), it should be oriented so that the canton is towards the front of the vehicle, as if the flag were streaming backwards from its hoist as the vehicle

pos: Right to be forgotten forgotten as a means to remove unfavourable information. One technique used by reputation consulting firms is to submit multiple requests for each link, written with different angles in an attempt to get links removed. Google for example does not limit the number of requests that can be submitted on the removal of a given link. Major criticisms stem from the idea that the right to be forgotten would restrict the right to freedom of speech. Many nations, and the United States in particular (with the First Amendment to the United States Constitution), have very strong domestic freedom of speech law,

pos: Anonymous post These laws restrict the ability of the government and civil litigants to obtain the identity of anonymous speakers. The First Amendment says that "Congress shall make no law … abridging the freedom of speech, or of the press". This protection has been interpreted by the U.S. Supreme Court to protect the right to speak anonymously offline. For example, in "McIntyre v. Ohio Elections Commission", the Supreme Court overturned an Ohio law banning the distribution of anonymous election pamphlets, claiming that an "author's decision to remain anonymous … is an aspect of the freedom of speech protected by the First Amendment"

pos: Academic freedom to all governmental institutions, including public universities. The U.S. Supreme Court has consistently held that academic freedom is a First Amendment right at "public" institutions. However, The United States' First Amendment has generally been held to not apply to "private" institutions, including religious institutions. These private institutions may honor freedom of speech and academic freedom at their discretion. Academic freedom is also associated with a movement to introduce intelligent design as an alternative explanation to evolution in US public schools. Supporters claim that academic institutions need to fairly represent all possible explanations for the observed biodiversity on Earth, rather than

pos: Freedom for the Thought That We Hate Freedom for the Thought That We Hate Freedom for the Thought That We Hate: A Biography of the First Amendment is a 2007 non-fiction book by journalist Anthony Lewis about freedom of speech, freedom of the press, freedom of thought, and the First Amendment to the United States Constitution. The book starts by quoting the First Amendment, which prohibits the U.S. Congress from creating legislation which limits free speech or freedom of the press. Lewis traces the evolution of civil liberties in the U.S. through key historical events. He provides an overview of important free speech case law, including U.S.

pos: Flag Desecration Amendment This proposed amendment was intended to give Congress the right to enact statutes criminalizing the burning or other desecration of the United States flag in a public protest. Proponents of legislation to proscribe flag burning argue that burning the flag is a very offensive gesture that deserves to be outlawed. Opponents maintain that giving Congress such power would essentially limit the principle of freedom of speech, enshrined in the First Amendment to the United States Constitution and symbolized by the flag itself. The theories underlying these First Amendment principles include: a robust national discourse about political and social ideas; individual

pos: Constitution of Puerto Rico Section Four is very similar to the First Amendment to the United States Constitution. It establishes the freedom of speech, freedom of the press, freedom of assembly and the right to petition. It reads; Section Five establishes the right to an education. It also mandates the establishment of a non-sectarian and free educational system for the island. The section also establishes that education will be compulsory for elementary school, "to the extent permitted by the facilities of the state." The section further establishes that "no public property or public funds shall be used for the support of schools or educational

pos: United States Bill of Rights officials and to establish them as legal principles to be applied by the courts." This is why "fundamental rights may not be submitted to a vote; they depend on the outcome of no elections." The First Amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Initially, the First Amendment applied only to laws enacted by Congress, and many of its provisions were

pos: Homelessness in the United States by state Veterans and those fleeing domestic violence. The First Amendment to the United States Constitution prohibits 'the making of any law respecting an establishment of religion, ensuring that there is no prohibition on the free exercise of religion and abridging the freedom of speech'. In the United States, Panhandling is typically protected by the First Amendment as one has the right to free speech with many states and cities respecting citizen's right to free speech and allowing panhandling. In the Nebraskan city of Omaha, panhandling is currently illegal. Previously, the Omaha Panhandling Ordinance stipulated that 'anyone who wants to solicit money

pos: Richmond Newspapers, Inc. v. Virginia the public at the time the Amendment was adopted.Justice Burger chose not to make a case for the public's Sixth Amendment right to a public trial, unlike Justice Harry Blackmun in his "Gannett" decision. The Court concluded its opinion by stating "The right to attend criminal trials is implicit in the guarantees of the First Amendment; without the freedom to attend such trials, which people have exercised for centuries, important aspects of freedom of speech and of the press could be eviscerated." Justice White, despite joining the majority opinion, wrote separately to state that this particular case would have been

pos:
Maurice Braverman of the first amendment, which gives me the right of freedom of speech; freedom of assembly, and freedom of association; and the fifth amendment, the amendment providing for self-incrimination.
 Mr. Stripling: Self-incrimination. Are you pleading self-incrimination?
 Mr. Braverman: I will repeat my answer, Mr. Stripling.
 Mr. Stripling: I want this straight. Are you pleading self-incrimination?
 Mr. Braverman: I am pleading the fifth amendment to the Constitution.
 (...)
 Mr. Stripling: Did you know Albert E. Blumberg?
 Mr. Braverman: Yes : I know Mr. Blumberg.
 Mr. Stripling: How well do you know Mr. Blumberg?
 Mr. Braverman: He is a client of mine.

pos: Citizens United v. FEC part. Scalia addressed Justice Stevens' dissent, specifically with regard to the original understanding of the First Amendment. Scalia wrote that Stevens' dissent was "in splendid isolation from the text of the First Amendment... It never shows why 'the freedom of speech' that was the right of Englishmen did not include the freedom to speak in association with other individuals, including association in the corporate form." He further considered the dissent's exploration of the Framers' views about the "role of corporations in society" to be misleading, and even if valid, irrelevant to the text. Scalia principally argued that the First Amendment

pos: Keller v. State Bar of California fund political and ideological activities that the members did not support. The attorneys argued that such use of their compulsory dues violated their right to freedom of speech and freedom of association, or more precisely, the freedom "not" to associate, under the First Amendment, as applied to the states by the Fourteenth Amendment. In 1982, when the complaint in this case was filed, the State Bar of California was an active voice on political issues, both within California and nationally. The State Bar lobbied on matters pending before the legislature and before other state agencies, filed briefs in politically charged

pos: First Amendment to the United States Constitution conviction. This conviction continued to be debated over whether "Schenck" went against the right to freedom of speech protected by the First Amendment. Justice Oliver Wendell Holmes, Jr., writing for the Court, explained that "the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." One week later, in "Frohwerk v. United States", the court again upheld an Espionage Act conviction, this time that of a journalist

pos: The Iceberg/Freedom of Speech... Just Watch What You Say! first-person account of a scared young gang-banger on the run. The busy, multi-layered composition, with its scratched sirens and staccato drums, samples Public Enemy's "Bring the Noise". "What Ya Wanna Do" is a 9-minute party song featuring several members of the Syndicate, including a young Everlast, who became famous as a member of House of Pain. "Freedom of Speech" was one of the first raps to focus on the First Amendment and in particular attacked Tipper Gore's PMRC with unmistakable venom: The album ends with in "My Word Is Bond", featuring Syndicate members telling one exaggerated story after another against

pos: Academic freedom whether via social media or in academic journals, they are able to articulate their own opinions without the fear from institutional restriction or punishment, but they are encouraged to show restraint and clearly specify that they are not speaking for their institution. In practice, academic freedom is protected by institutional rules and regulations, letters of appointment, faculty handbooks, collective bargaining agreements, and academic custom. In the U.S., the freedom of speech is guaranteed by the First Amendment, which states that "Congress shall make no law... abridging the freedom of speech, or of the press..." By extension, the First Amendment applies

pos: Freedom of the press The First Amendment of the United States Constitution states: 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. Section 2(b) of the Canadian Charter of Rights and Freedoms states that everyone has "the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication." The open court principle ensures the freedom of the press by requiring that court

pos: Rennie v. Klein a constitutional right to privacy, Judge Brotman made the case into a class action that included all involuntarily committed patients at the five mental health facilities operated by the state of New Jersey, and held an additional seventeen days of hearings. An involuntarily committed patient who has not been found incompetent, barring an emergency, has a qualified right to refuse psychotropic medication, especially when forced treatment violates his First Amendment rights to freedom of speech or to practice his religion, or his Eighth Amendment rights to be free of cruel and unusual punishment. New Jersey's administrative policies, which provide for

pos: Tax protester constitutional arguments constitutional challenges to U.S. tax laws are frequently directed towards the validity and effect of the Sixteenth Amendment, assertions that the income tax violates various other provisions of the Constitution have been made as well. Some protesters argue that imposition of income taxes violates the First Amendment freedom of speech because Other protesters argue that the Fifth Amendment right against self-incrimination allows an individual to refuse to file an income tax return calling for information that could lead to a conviction for criminal acts from which the income was derived, or for the crime of not paying the tax itself.

pos: Open primaries in the United States for the advancement of beliefs and ideas is an inseparable aspect of the "liberty" assured by the Due Process Clause of the Fifth and Fourteenth Amendment, which embraces freedom of speech." In other words, the freedom of association is part of the freedom of speech. The freedom of speech, which is found in the First Amendment to the United States Constitution, is applied to the states through the fourteenth amendment. In "Gitlow v. New York", Justice Sanford states that "[f]or present purposes we may and do assume that freedom of speech and of the press-which are protected by the First

pos: Subpoena duces tecum to access judicial records is fundamental to a democratic state and is analogous to the United States' First Amendment right of freedom of speech and of the press and the Sixth Amendment right to public trials. While the right to access trial records is not absolute, it is framed in presumption of public access to the proceedings and records. United States Code 11, Section 107 (a), of the federal bankruptcy law, is a codification of the common-law general right to inspect judicial records and documents. However, the right is not absolute and may be denied when the entity seeking to

pos: Stanley v. Georgia mind. They reasoned that members of the public, especially impressionable children, should have a valid expectation to not be inadvertently exposed to obscenity. Public display of obscenity was deemed an "important interest" in "Roth". Private possession was not as interesting in the eyes of the Court. The First Amendment to the U.S. Constitution protects freedom of speech. In "Winters v. New York", a notion was established that freedom of speech extended to what an individual possesses and chooses to read. "The Constitution protects the right to receive information and ideas, regardless of their social worth". For this reason, the Court

pos: First Amendment of the Constitution of India First Amendment of the Constitution of India The First Amendment of the Constitution of India, enacted in 1951, made several changes to the Fundamental Rights provisions of the constitution. It provided against abuse of freedom of speech and expression, validation of "zamindari" abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society. The formal title of the amendment is the Constitution (First Amendment) Act, 1951. It was moved by the then Prime Minister of India, Jawaharlal Nehru, on 10 May 1951 and enacted by Parliament

pos: FEC v. National Conservative PAC it was not appropriate for DNC to commence this action regardless of whether or not the FEC elected to participate. Justice Byron White wrote the dissenting opinion and was then joined by Justice Thurgood Marshall whom also stated his dissent. Justice White concluded in his dissent that campaign spending regulations are constitutional and that there is a difference between freedom of speech restrictions and freedom of spending money. He states: The First Amendment protects the right to speak, not the right to spend, and limitations on the amount of money that can be spent are not the same as restrictions

pos: First Amendment to the United States Constitution In "Branzburg v. Hayes" (1972), the Court ruled that the First Amendment did not give a journalist the right to refuse a subpoena from a grand jury. The issue decided in the case was whether a journalist could refuse to "appear and testify before state and Federal grand juries" basing the refusal on the belief that such appearance and testimony "abridges the freedom of speech and press guaranteed by the First Amendment". The 5–4 decision was that such a protection was not provided by the First Amendment. However, a concurring opinion by Justice Lewis F. Powell, in which he stated

pos: House v. Napolitano court noted that the "...[g]overnment cannot simply seize property under its border search power and hold it for weeks, months, or years on a whim." It found that House had a plausible Fourth Amendment defense in the government's prolonged detention of his devices, and accordingly denied the Defendant's motion to dismiss House's Fourth Amendment claims. The First Amendment to the United States Constitution provides that "Congress shall make no law...abridging the freedom of speech...or the right of the people peaceably to assemble." House claimed that the search, seizure, retention, and dissemination of information regarding the Manning Support Network on his

pos: Amendment their promotion in a nation, such as the Treaty of Versailles. Constitutions are often amended when people change their minds about what the government should do. Some of the most famous constitutional amendments are the First Amendment to the United States Constitution which added the freedom of speech, religion, press, and protest, the third Amendment to the Constitution of Ireland, which let Ireland join the European Union, and the amendment of the German constitution as part of the German reunification process in 1990. Constitutional amendments in some countries must be approved by both the parliament or legislature and a referendum,

neg: Academic freedom authority, change the grade upon appeal by a student. The "Stronach" case has gotten significant attention in the academic community as an important precedent. Academic freedom and free speech rights are not coextensive, although this widely accepted view has been recently challenged by an "institutionalist" perspective on the First Amendment. Academic freedom involves more than speech rights; for example, it includes the right to determine what is taught in the classroom. The AAUP gives teachers a set of guidelines to follow when their ideas are considered threatening to religious, political, or social agendas. When teachers speak or write in public,

neg: PEN American Center inactive awards resident who "fought courageously, despite adversity, to safeguard the First Amendment right to freedom of expression as it applies to the written word." Sponsored by PEN American Center and Newman's Own, a cash prize of $20,000 was awarded. It was active from 1993 to 2006. The PEN/Katherine Anne Porter First Amendment Award was presented for only one year. It was meant to given to a U.S. resident "who has fought courageously, despite adversity, to safeguard the First Amendment right to freedom of expression as it applies to the written word." Sponsored by PEN American Center and Katherine Anne Porter Foundation,

neg: Substantive due process at issue in "Griswold v. Connecticut", when the Court held, in 1965, that criminal prohibition of contraceptive devices for married couples violated federal, judicially enforceable privacy rights. The right to contraceptives was found in what the Court called the "penumbras", or shadow edges, of certain amendments that arguably refer to certain privacy rights, such as the First Amendment, which protects freedom of expression; the Third Amendment, which protects homes from being taken for use by soldiers; and the Fourth Amendment, which provides security against unreasonable searches. The penumbra-based rationale of "Griswold" has since been discarded; the Supreme Court now uses

neg: Freedom of association right to freedom of association." Furthermore, Section 17 states "Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions", thus establishing the right to freedom of assembly. Workers' right to freedom of association in terms of the right to form trade unions and collective bargaining is recognized separately, in Section 23. While the United States Constitution's First Amendment identifies the rights to assemble and to petition the government, the text of the First Amendment does not make specific mention of a right to association. Nevertheless, the United States Supreme Court held in "NAACP

neg: First Amendment to the United States Constitution v. United States" (1971), the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association. In 1776, the second year of the American Revolutionary War, the Virginia colonial legislature passed a Declaration of Rights that included the sentence "The freedom of the press is one of the greatest bulwarks of liberty, and can never be

neg: First Liberty Institute First Liberty Institute First Liberty Institute is a nonprofit legal organization based in Plano, Texas, near the Dallas-Fort Worth metro area. Supporters describe the organization as focused on religious freedom and the First Amendment and on providing assistance to individuals and organizations "in legal battles over religious freedom and first-amendment issues". Opponents generally describe it as a Christian-right and/or Religious-right advocacy organization with a strong anti-LGBT agenda. First Liberty Institute is headed by Kelly Shackelford who founded the organization in 1997 under the name Liberty Legal Institute. The organization changed its name to Liberty Institute in 2009 and then, in

neg: Griswold v. Connecticut Supreme Court concluded that the Connecticut statute was unconstitutional. Justice William O. Douglas, writing for the majority of the court, recognized the right to privacy, even though not enumerated in the Bill of Rights, is found in the "penumbras" and "emanations" of other constitutional protections, such as the self-incrimination clause of the Fifth Amendment, or the freedom of association clause of the First Amendment. The right to privacy is seen as a right to "protect[ion] from governmental intrusion." Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment in support of the Supreme Court's ruling, reasoning

neg: First Amendment to the United States Constitution 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. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances. This language was greatly condensed by Congress, and passed the House and Senate with almost no recorded debate, complicating future discussion of the Amendment's intent. The First Amendment, along with the rest of the Bill of Rights, was

neg: Cox Broadcasting Corp. v. Cohn First Amendment, and compared the activity to other unprotected activities such as fraud, perjury, libel, and slander. Upon rehearing, it also ruled that the Shield Law, and by implicit extension its interpretation of common-law right to privacy, was a "legitimate limitation on the right of freedom of expression contained in the First Amendment[]" and "[t]here simply is no public interest or general concern about the identity of the victim of such a crime as will make the right to disclose the identity of the victim rise to the level of First Amendment protection." It reversed the trial court's summary judgment

neg: American librarianship and human rights right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions. The American Library Association defines intellectual freedom as the right of every individual, without restriction, to seek and receive information. It is based upon the idea that a stable and healthy democratic society progresses when ideas can be crafted and shared without social, political, or governmental restrictions. This American librarianship value is in line with First Amendment rights, established by the

neg: Freedom of religion in India Freedom of religion in India Freedom of religion in India is a fundamental right guaranteed by Article 25-28 of the Constitution of India. Modern India came into existence in 1947 and the Indian constitution's preamble was amended in 1976 to state that India is a secular state. However, in S.R Bommai v. Union of India, Supreme Court of India ruled that India was already a secular state from the time it adopted its constitution, what actually was done through this amendment is to state explicitly what was earlier contained implicitly under article 25 to 28. Every citizen of India has

neg: Religious discrimination in the United States relation to the civil rights guaranteed by the Fifth Amendment to the United States Constitution. Whereas religious civil liberties, such as the right to hold or not to hold a religious belief, are essential for Freedom of Religion (in the United States secured by the First Amendment), religious discrimination occurs when someone is denied "the equal protection of the laws, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom."

neg: Boy Scouts of America v. Dale 609, 622 (1984), in which the Supreme Court said: "Consequently, we have long understood as implicit in the right to engage in activities protected by the First Amendment a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends." This right, the "Roberts" decision continues, is crucial in preventing the majority from imposing its views on groups that would rather express other, perhaps unpopular, ideas. Government actions that may unconstitutionally burden this freedom may take many forms, one of which is "intrusion into the internal structure or affairs of

neg: Gang injunction the First Amendment right to free association, the First Amendment right to freedom of expression, and procedural due process. O'Deane (2007) examined the legal issues surrounding gang injunctions and the case law applied to gang injunctions. "Case Law: City of Chicago v. Morales, 119 S.Ct. 1849. (Chicago Anti-Loitering Ordinance)." In 1992, the Chicago City Council enacted the Gang Congregation Ordinance, which provided that whenever a police officer observed a person whom he/she reasonably believed to be a criminal street gang member loitering in any public place with one or more other persons, he/she should order all such persons to disperse

neg: First Amendment to the United States Constitution "National Association for the Advancement of Colored People v. Alabama" (1958), that this freedom was protected by the Amendment and that privacy of membership was an essential part of this freedom. The U.S. Supreme Court decided in "Roberts v. United States Jaycees" (1984) that "implicit in the right to engage in activities protected by the First Amendment" is "a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends". In "Roberts" the Court held that associations may not exclude people for reasons unrelated to the group's expression, such as

neg: International Religious Freedom Act of 1998 the bill spoke of the United States as being born out of the need for religious freedom, and that this principle was codified in the First Amendment to the United States Constitution. The First Amendment explicitly guarantees the fundamental right of religious freedom and liberty to practice any faith as according to one's choice. Their contention made, to this is that the United States has the duty to uphold this fundamental right. During a speech about the Act, on October 9, 1998, IRFA co-sponsor Senator Joseph Lieberman (D-CT), gave the reason as to why the founding fathers were drawn to

neg: John Ashcroft expressing the position that the second amendment expresses a right. NRA president Sandra Froman said, "When these Bush Administration officials affirmed that the Second Amendment protects an individual right, the enemies of freedom were outraged because they fear the Second Amendment for what it really is– a shield against oppression." In 2009 in "Ashcroft v. al-Kidd", the Ninth Circuit Court of Appeals in San Francisco found that Ashcroft could be sued and held personally responsible for the wrongful detention of Abdullah al-Kidd. The American citizen was arrested at Dulles Airport in March 2003 on his way to Saudi Arabia for

neg: Spiro Agnew unfit for the vice presidency two years later. The "Post" in particular had been hostile to Nixon since the Hiss case in the 1940s. Agnew accused the papers of sharing a narrow viewpoint alien to most Americans. Agnew alleged that the newspapers were trying to circumscribe his First Amendment right to speak of what he believed, while demanding unfettered freedom for themselves, and warned, "the day when the network commentators and even the gentlemen of "The New York Times" enjoyed a form of diplomatic immunity from comment and criticism of what they said is over." After Montgomery, Nixon sought a

neg: Freedom of religion in the United States Freedom of religion in the United States In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. Freedom of religion is also closely associated with separation of church and state, a concept advocated by Colonial founders such as Dr. John Clarke, Roger Williams, William Penn and later founding fathers such as James Madison and Thomas Jefferson. The United States Constitution addresses the issue of religion in two places: in the First Amendment, and the Article VI prohibition on religious tests as a condition for holding public office. The First

neg: Doe v. 2themart.com Inc. of the subpoena. One of the users moved to quash the subpoena under a pseudonym John Doe (Doe), alleging that enforcement of the subpoena would violate his or her First Amendment right to speak anonymously. This motion to quash is the subject of the present case. This motion to quash raised an important issue on the First Amendment right of an Internet user, that is, whether and on what basis can a private party seek to discover the identity of anonymous Internet users who might be third-party witnesses in the litigation through the enforcement of a civil subpoena? Doe's motion

neg: Christian right the congregation that anyone who planned to vote for Democratic Sen. John Kerry should either leave the church or repent". The church later expelled nine members who had voted for Kerry and refused to repent, which led to criticism on the national level. The pastor resigned and the ousted church members were allowed to return. The Alliance Defense Fund started the Pulpit Freedom Initiative in 2008. ADF states that "[t]he goal of Pulpit Freedom Sunday is simple: have the Johnson Amendment declared unconstitutional – and once and for all remove the ability of the IRS to censor what a pastor

neg: Hein v. Freedom From Religion Foundation incredible because the damage is done when the president acts. We have the courts to do precisely this, rein in the president or the Congress." Ralph G. Neas, president of People For the American Way Foundation, said the decision marked "a bad day for the First Amendment. The Supreme Court just put a big dent in the wall of separation between church and state." Hein v. Freedom From Religion Foundation Hein v. Freedom From Religion Foundation, 551 U.S. 587 (2007), was a decision by the United States Supreme Court which ruled that taxpayers do not have the right to challenge

neg: Freedom of speech in the United States the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." It is easy to mistakenly interpret the First Amendment as granting people the right to say whatever they want, whenever, and wherever they want. However, the United States Supreme Court has interpreted that the First Amendment was never intended to provide such power, because it does not protect speech at all times and in all places. The Court has consistently ruled that the government has the power to impose limits on free speech in regard to its time, place,

neg: Freedom of association applies. Thus, the college's all-comers policy is a reasonable, viewpoint-neutral condition on access to the student organization forum. The implicit First Amendment right of association in the U.S. Constitution has been limited by court rulings. For example, it is illegal in the United States to consider race in the making and enforcement of private contracts other than marriage. This limit on freedom of association results from Section 1981 of Title 42 of the United States Code, as balanced against the First Amendment in the 1976 decision of "Runyon v. McCrary". The holding of "Runyon" is that the defendant private schools

neg: Aptheker v. Secretary of State Aptheker v. Secretary of State Aptheker v. Secretary of State, 378 U.S. 500 (1964), was a landmark United States Supreme Court case on the right to travel and passport restrictions as they relate to Fifth Amendment due process rights and First Amendment free speech, freedom of assembly and freedom of association rights. It is the first case in which the US Supreme Court considered the constitutionality of personal restrictions on the right to travel abroad. In "Aptheker", the petitioner challenged Section 6 of the Subversive Activities Control Act of 1950, which made it a crime for any member of a

neg: Freedom of the press in the United States was not critical of Cosby's government. The First Amendment permits information, ideas and opinions without interference, constraint or prosecution by the government. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The 1931 U.S. Supreme Court decision "Near v. Minnesota" recognized freedom of the press by roundly rejecting prior restraints on publication, a principle that applied to free speech generally in subsequent jurisprudence. The court ruled that a Minnesota law targeting publishers of malicious or scandalous newspapers violated the First Amendment (as applied through the Fourteenth Amendment). Freedom of the

neg: Journalism ethics and standards freedom of the press, the majority of people who report the news may not follow the above-described standards of journalism. Non-free media are often prohibited from criticizing the national government, and in many cases are required to distribute propaganda as if it were news. Various other forms of censorship may restrict reporting on issues the government deems sensitive. In the United States, freedom of the press is protected under the First Amendment in the Bill of Rights. Under the First Amendment, the government is not allowed to censor the press. The government does not have the right to try to

neg: Paul R. Abramson Constitutional protection whatsoever. Abramson is trying to change that through his books and teaching. Arguing that sexual freedom is cut from the same cloth as other freedoms protected by the Bill of Rights, Abramson and his former students (Steve Pinkerton and Mark Huppin) argued (in the book "Sexual Rights in America") that the freedom to choose how, when and with whom to express sexuality is a quintessential right protected by the Ninth Amendment. The Ninth Amendment states the following: “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

neg: Mirth & Girth filed a federal lawsuit on behalf of Nelson against the three aldermen who were seen on television handling the painting. It claimed the removal of the painting violated Nelson's First Amendment right to freedom of expression, Fourth Amendment right to protection from unreasonable seizures, and Fourteenth amendment right against being deprived of property without a hearing. The ACLU sought $100,000 (1988, ) to compensate Nelson for damage to the painting, and to "punish" the aldermen and police for their actions. Ald. Robert Shaw (9th) called the suit "a slap in the face to the black community". Rush questioned the motive

neg: Gary Glenn Gary Glenn Gary Glenn is a Republican member of the Michigan House of Representatives, first elected in 2014 to represent the 98th legislative district. He is a Republican from Williams Township, Michigan, and as president of the American Family Association of Michigan, he coauthored the state's Marriage Protection Amendment approved by voters in 2004. As executive director of the Idaho Freedom to Work Committee from 1980–86, he led the successful effort to enact a state "right to work" law prohibiting compulsory union affiliation or financial support. In 2011, he was a founding board member of the Michigan Freedom to Work

neg: Burwell v. Hobby Lobby Stores, Inc. said, "The First Amendment is at its best when it is used to protect the rights of minorities from the whims of the powerful. Today's decision, which gives the powerful the right to force their religious beliefs on those around them, is a far cry from the best traditions of religious freedom." Scholars on the other side (including some on the left) disagree, arguing that companies owned and run by liberals will likewise benefit from the freedom to operate according to their conscience or values—which has not been viewed as "imposing" views, because people routinely choose whom to associate with

neg: Sherry Glaser as sex offenders. In the court battle that followed their arrest, they argued that women should have the same right to go topless as men. In November 2008, the courts awarded the women $150,000. The court also required that California Highway Patrol officers assigned to the Capitol Protection Section be provided training in First Amendment rights of protesters. She comments on her website, "Their bare breasts were called 'indecent', so I thought, let's use this incident and our equal protection under the 14th Amendment to show what real freedom and decency look like. She realizes, words alone can be easily

neg: Zemel v. Rusk Secretary's refusal to validate his passport for travel to Cuba denied him rights guaranteed by the First Amendment was different from that which was raised in "Kent v. Dulles" and "Aptheker v. Secretary of State" because the refusal to validate his passport did not result from any expression or association on his part; he was not being forced to choose between membership in an organization and freedom to travel. Although Zemel's contention that a First Amendment right was involved in the Secretary's refusal to validate passports for Cuba because it acted as an inhibition to the free the flow of

neg: David Deming Second Amendment as protecting "an inalienable natural right...that exists whether it is in the Bill of Rights or not." In a 2013 article in the Wall Street Journal he wrote an article entitled "What the Oil Business Could Learn From the NRA" In a 2008 newspaper column Deming wrote that "The United States was founded by people who wanted nothing more than freedom and the opportunity to work toward a better life for their children. But within a few generations, the progeny of the pioneers have turned into dolts who can’t take responsibility for anything. . .So long as Americans

neg: Kent v. Dulles association under the First Amendment, and violation of international travel under the Fifth Amendment. Kent v. Dulles Kent v. Dulles, 357 U.S. 116 (1958), was a landmark United States Supreme Court case on the right to travel and passport restrictions as they relate to First Amendment free speech rights. It was the first case in which the U.S. Supreme Court made a distinction between the constitutionally protected substantive due process "freedom of movement" and the "right to travel abroad" (subsequently characterized as "right to international travel". Rockwell Kent wanted to travel to England to attend a meeting of the World

neg: Sheppard v. Maxwell Sheppard v. Maxwell Sheppard v. Maxwell, 384 U.S. 333 (1966), was a United States Supreme Court case that examined the rights of freedom of the press as outlined in the First Amendment when weighed against a defendant's right to a fair trial as required by the Sixth Amendment and the due process clause of the Fourteenth Amendment. In particular, the court sought to determine whether or not the defendant was denied fair trial for the second-degree murder of his wife, of which he was convicted, because of the trial judge's failure to protect Sheppard sufficiently from the massive, pervasive, and

neg: Sheppard v. Maxwell Sheppard v. Maxwell Sheppard v. Maxwell, 384 U.S. 333 (1966), was a United States Supreme Court case that examined the rights of freedom of the press as outlined in the First Amendment when weighed against a defendant's right to a fair trial as required by the Sixth Amendment and the due process clause of the Fourteenth Amendment. In particular, the court sought to determine whether or not the defendant was denied fair trial for the second-degree murder of his wife, of which he was convicted, because of the trial judge's failure to protect Sheppard sufficiently from the massive, pervasive, and

neg: Religious discrimination as the right to hold or not to hold a religious belief, are essential for Freedom of Religion (in the United States secured by the First Amendment), religious discrimination occurs when someone is denied "the equal protection of the laws, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom". However, cases of religious discrimination might also be the result of an interference of the religious sphere with other spheres

neg: Alliance Defending Freedom as the largest legal force of the religious right, arguing hundreds of pro bono cases across the country." The surprise hit "God's Not Dead" is released. The film's producer, Russell Rolfe stated that the inspiration for the film came from Alan Sears who shared a story about a First Amendment case where a college coed's faith is challenged. Over 1,800 ministers enroll in the annual Pulpit Freedom Sunday. In 2014, ADF achieved a legal victory in a case challenging the Affordable Care Act, or Obamacare. In "Burwell v. Hobby Lobby Stores, Inc.", the Court ruled that the birth control mandate

neg: American Indian Religious Freedom Act eagles. The third general area of conflict was an issue of interference. Sacred ceremonies were sometimes subject to interference from overzealous officials or curious onlookers. The act acknowledged prior federal infringement on the right of freedom of religion for American Indians by denying them their First Amendment right of "free exercise" of religion. President Jimmy Carter said, in a statement about the AIRFA: In the past, Government agencies and departments have on occasion denied Native Americans access to particular sites and interfered with religious practices and customs where such use conflicted with Federal regulations. In many instances, the Federal officials

neg: United States Constitution amendment requires what has become known as the "Miranda" warning. The Seventh Amendment (1791) extends the right to a jury trial to federal civil cases, and inhibits courts from overturning a jury's findings of fact. Although the Seventh Amendment itself says that it is limited to "suits at common law", meaning cases that triggered the right to a jury under English law, the amendment has been found to apply in lawsuits that are similar to the old common law cases. For example, the right to a jury trial applies to cases brought under federal statutes that prohibit race or gender

neg: Newspaper theft of the owner and with the intention of depriving the owner of it permanently". The unpaid taking of newspapers which are for sale constitutes a theft, as does unauthorized taking of newspapers that have been delivered to subscribers or have yet to be distributed. People's right to distribute and consume the content contained in newspapers is not only protected by individual rights to property, but also protected against government seizure under first amendment rights which prevent the government from limiting the freedom of expression, although the right of private individuals or organizations to do so varies by state and local

neg: James Bopp changing the political landscape of the 2012 election. According to the Center for Responsive Politics. "It's safe to say that groups on the left and right have Jim Bopp to thank for their new-found freedom." In an interview with PBS' "Frontline" in 2012, Bopp said he was defending a "basically absolute" interpretation of the right to political free speech under the First Amendment. He said he is working to eliminate or loosen campaign spending limits, and to eliminate donor-name-reporting requirements. A study conducted in 2014 showed that Bopp was one of a comparatively small number of lawyers most likely to

neg: FEC v. National Conservative PAC a violation of the First Amendment. Federal campaign finance regulations have been altered substantially since the first law was introduced in 1867. Public financing has been declared constitutional, and has since been normalized from past private financing traditions. Individuals have the right under the First Amendment to exercise the freedom of expression, and contribute financially to election campaigns, whether those funds are to campaign for or against a candidate. FEC v. National Conservative PAC FEC v. National Conservative PAC, 470 U.S. 480 (1985), was a decision by the Supreme Court of the United States striking down expenditure prohibitions of the

neg: United States Constitution several state ratification conventions refused to ratify the Constitution without a more specific list of protections, so the First Congress added what became the Ninth Amendment as a compromise. Because the rights protected by the Ninth Amendment are not specified, they are referred to as "unenumerated". The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, the right to privacy, and the right to make important decisions about one's health care or body. The Tenth Amendment (1791) was included in the Bill of Rights to further define the balance

neg: FEC v. National Conservative PAC Federal Election Campaign Act. The defendants said that this limitation was a violation of the First Amendment. The Supreme Court debated whether or not the dollar limit was of concern, pointing out that if the limit was set to $100, $50, or $1, the limit is still a limit. Essentially, Justice Warren E. Burger noted that any dollar limit, regardless of what numerical value it holds, is a limitation to the freedom of expression. Both the FEC and Democratic Party of the United States believed that the Federal Election Campaign Act was not in violation of the First Amendment. The

neg: Spanish–American War bill, forcing a peace treaty on Cuba which prohibited it from signing treaties with other nations or contracting a public debt. The Platt Amendment was pushed by imperialists who wanted to project U.S. power abroad (in contrast to the Teller Amendment which was pushed by anti-imperialists who called for a restraint on U.S. rule). The amendment granted the United States the right to stabilize Cuba militarily as needed. In addition, the Platt Amendment permitted the United States to deploy Marines to Cuba if its freedom and independence was ever threatened or jeopardized by an external or internal force. The Platt

neg: Freedom of thought is listed under Article 18: The United Nations' Human Rights Committee states that this, "distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one's choice. These freedoms are protected unconditionally". Similarly, Article 19 of the UDHR guarantees that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference". It is impossible to know with certainty what

neg: Four Freedoms half of the speech, he lists the benefits of democracy, which include economic opportunity, employment, social security, and the promise of "adequate health care". The first two freedoms, of speech and religion, are protected by the First Amendment in the United States Constitution. His inclusion of the latter two freedoms went beyond the traditional Constitutional values protected by the U.S. Bill of Rights. Roosevelt endorsed a broader human right to economic security and anticipated what would become known decades later as the "human security" paradigm in social science and economic development. He also included the "freedom from fear" against national

neg: Freedom of Access to Clinic Entrances Act abortion clinics), (2) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is exercising or trying to exercise their First Amendment right of religious freedom at a place of religious worship, (3) the intentional damage or destruction of a reproductive health care facility or a place of worship. The following behaviors have especially to do with reproductive health care clinics but can also be applied to places of worship The following behaviors are not prohibited because they are protected under

neg: Freedom of speech the right to freedom of (political) speech's protections in the United States almost absolute. Hate speech is also protected by the First Amendment in the United States, as decided in "R.A.V. v. City of St. Paul", (1992) in which the Supreme Court ruled that hate speech is permissible, except in the case of imminent violence. See the First Amendment to the United States Constitution for more detailed information on this decision and its historical background. Jo Glanville, editor of the "Index on Censorship", states that "the Internet has been a revolution for censorship as much as for free speech". International,

neg: Freedom of information laws by country be actively involved in the process of governance. Moreover, Article 14A(1) introduced by virtue of 19th Amendment to the 1978 Constitution of Sri Lanka has paved the way for the recognition of right to information as a fundamental right. In Sweden, the Freedom of the Press Act grants public access to official documents and is included in the Constitution of Sweden. Dating back to 1766, it is the first freedom of information legislation in the modern sense. In modern times the right has become known as the Principle of Public Access (Swedish: "offentlighetsprincipen"). The Principle of Public Access means that

neg: McCutcheon v. FEC Court. Environmentalists from Greenpeace and the Sierra Club protested what Phil Radford of Greenpeace called a "legalized system of corruption through money in politics" that had resulted in few major environmental laws passing in the U.S. since 1980. Writing for "The Nation", Ari Berman wrote, "The Court’s conservative majority believes that the First Amendment gives wealthy donors and powerful corporations the carte blanche right to buy an election but that the Fifteenth Amendment does not give Americans the right to vote free of racial discrimination." Countering Berman's quote, Robert J. Samuelson pointed out that "the rich" is not one single

neg: Newman's Own According to the Newman's Own Foundation website, over $500 million (USD) has been generated for charity since 1982. In 2016 the company donated profits of $30 million after gross sales of $600 million. The company co-sponsored the PEN/Newman's Own First Amendment Award, which was presented annually to a United States resident who had fought courageously, despite adversity, to safeguard the First Amendment right to freedom of expression as it applied to the written word. A sampling of grantees is available at the Newman's Own Foundation website along with a description of funding areas. One beneficiary of this charity is the

neg: Zelman v. Simmons-Harris of Appeals for the Sixth Circuit, ruled in favor of Simmons-Harris. Zelman continued the case and appealed to the Supreme Court of the United States, which sustained the voucher program. The First Amendment protects the rights to freedom of religion and to freedom of expression from government interference. The First Amendment comes into play because the taxpayers of Ohio said that the program was a violation of the Establishment Clause, one of the two clauses of the First Amendment. The Establishment Clause guarantees freedom of religion and strictly prohibits the government from passing any legislation to establish an official religion

neg: Religious freedom bill meant to protect." The trade-off at the heart of the controversy is whether antidiscrimination laws must always be obeyed or whether other rights can be considered more important, in effect granting the right to discriminate. Some understand respect for individual human rights as foundational to democracy and the rule of law, but, at the same time, the First Amendment to the Constitution treats freedom of religion as foundational and prevents the government from making any law "prohibiting the free exercise" of religion. The latter stance was taken in a U.S. presidential executive order issued in May 2017 in which President

neg: Carriage Room Room owner Dave Russell told "The Oregonian": "What we're aiming at here is sort of the Las Vegas lounge show... We don't believe a show has to be topless to make money, but we have to compete with other clubs, and they have to serve what the customer wants." The newspaper said Carriage Room performers were not allowed to mingle with or accept drinks from patrons, or date male colleagues. In 1971, Lottie D. Freeman, who performed at the club as "Casey Champagne", challenged Portland's ban on bottomless dancing, claiming the restriction violated First Amendment protections of freedom of expressions.

neg: Lawrence G. Walters Law at Oxford University, interned with U.S. District Court Judge Maurice M. Paul, and received a fellowship in Policy Studies. Since 2009, Walters has served as a member of the Advisory Council of and General Counsel to the Woodhull Sexual Freedom Alliance, a group advocating for the right to sexual freedom and expression as fundamental human rights. He is a past president and national chairman of the First Amendment Lawyers Association (2009–11), and active in the International Masters of Gaming Law. In 2000, he created the First Amendment Law Committee of the Florida Bar. He is also a member of

neg: University of Pennsylvania v. Equal Employment Opportunity Commission peer review materials, and for a First Amendment right of academic freedom against disclosure of the documents. In either case, the University sought a requirement of judicial finding of particularized necessity of access, beyond showing of mere relevance, before peer review materials could be disclosed to the EEOC. The EEOC argued that it possesses a broad Congressional mandate to investigate and remedy employment discrimination on the basis of race, color, religion, sex, or national origin, and that any infringement of the University's First Amendment rights is permissible because of the substantial relation between the EEOC's request and the overriding and