To
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First Amendment To The Constitution
of The United
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.
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| 'Brave
Americans from every walk of life and every type of heritage fought and
died for the principles contained in the 1st Amendment and the U.S.
Constitution. Every battle and every war fought in our home lands or on
foreign soil was to continuously bestow on all Americans, regardless of
country of origin or beliefs, the Right of Free Speech, of a Free Press
and to Worship how you may choose'.
These are but a few of those wars: |
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So
the First Amendment ... what's that? PHILADELPHIA, Nov. 21 (UPI) -- More than two-thirds of college students and administrators knew that freedom of religion and the press are guaranteed by the U.S. Bill of Rights. In surveys conducted at 339 U.S. colleges and universities, more than one-fourth of students and administrators did not list freedom of speech as an essential right protected by the First Amendment to the Constitution, the Washington Times reported Friday. And more than three-fourths did not name freedom of assembly and association or the right "to petition the government for a redress of grievances." "If one thinks of the First Amendment as a foundational American liberty, the ignorance and misunderstanding of it by administrators at our nation's colleges and universities is frightening, and the general ignorance and misunderstanding of it by students is quite depressing," said Alan Charles Kors, president of the Foundation for Individual Rights in Education in Philadelphia, which commissioned the surveys. "The shocking results demonstrate a profound and dangerous failure to comprehend the moral and legal basis for religious liberty," says a summary of the findings by the Center for Survey Research and Analysis at the University of Connecticut at Storrs. The surveys were conducted from December to May and involved 1,037 students and 306 administrators at public and private colleges and universities. |
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Bloggers Gain Libel Protection
First Amendment and Freedom of the Press
Sec. 425.16. Claim Arising from Person's Exercise of Constitutional Right of Petition or Free Speech -- Special Motion to Strike. (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly. (b) (1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. (3) If the court determines that the plaintiff has established a probability that he or she will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination. (c) In any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. (d) This section shall not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, district attorney, or city attorney, acting as a public prosecutor. (e) As used in this section, "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; (4) or any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.(f) The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be noticed for hearing not more than 30 days after service unless the docket conditions of the court require a later hearing. (g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision. (h) For purposes of this section, "complaint" includes "cross-complaint" and "petition," "plaintiff" includes "cross-complainant" and "petitioner," and "defendant" includes "cross-defendant" and "respondent." (i) On or before January 1, 1998, the Judicial Council shall report to the Legislature on the frequency and outcome of special motions made pursuant to this section, and on any other matters pertinent to the purposes of this section. (j) An order granting or denying a special motion to strike shall be appealable under Section 904.1. (k) (1) Any party who files a special motion to strike pursuant to this section, and any party who files an opposition to a special motion to strike, shall, promptly upon so filing, transmit to the Judicial Council, by e-mail or fax, a copy of the endorsed-filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying a special motion to strike, discovery, or fees. (2) The Judicial Council shall maintain a public record of information transmitted pursuant to this subdivision for at least three years, and may store the information on microfilm or other appropriate electronic media. LEGISLATIVE HISTORY: Added by Stats.1992, c. 726 (SB 1264), sec. 2. Amended by: Stats.1993, c. 1239 (SB 9), sec. 1, adding subd. (i) and substituting "shall" for "may" preceding "award costs" in subd. (c); Stats.1997, c. 271 (SB 1296), sec. 1, adding last sentence in subd. (a), adding subd. (e)(4), numbering subds. (e)(1)-(3), moving second sentence of subd. (g) to be second sentence of subd. (f), adding new subd. (h), and relettering former subd. (h) as subd. (i); and Stats.1999, c. 960 (AB 1675), sec. 1, adding subds. (j) and (k). |
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Organizations that deal in First
Amendment issues Organizations
that protect religious freedom American Booksellers Foundation for
Free Expression |
Bloggers Gain Libel Protection
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