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First Amendment Resources

This page provides resources related to the represention of those whose exercise of their First Amendment rights result in arrest and prosecution. Irrespective of political ideology, the right to protest and petition the government for a redress of grievances is the foundation of American democracy. People charged with criminal offenses while standing up for their principles are entitled to a zealous, robust defense. 

United States Constitution Amendment I: 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 peaceable to assemble, and to petition the government for a redress of grievances. 

Sometimes referred to as the "Five Freedoms," the First Amendment protects the rights to:

  • Freedom of religion
  • Freedom of speech
  • Freedom of the press
  • Freedom to assemble 
  • Freedom to petition

NACDL has a long and proud tradition of fighting to protect constitutional principles and standing up for the rights of individual against the power of the government. Whether the resulting criminal charges are misdemeanors or felonies, the consequences of criminal prosecutions of those exercising their First Amendment rights are significant and long-lasting. Not only do the individuals themselves face direct and collateral consequences from their arrest, but this can have a chilling effect - discouraging others from speaking out. 

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US Supreme Court on free speech and criminal prosecution

"[A] function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute is nevertheless protected against censorship or punishment, unless shown likely to roduce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest." Terminiello v. City of Chicago, 337 US 1 (1937) (citations omitted) 

Fighting words: Defined by the US Supreme Court as words which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace," these words may fall outside the purview of the First Amendment and be subject to criminal charges. Even offensive and inflammatory speech is protected unless that speech is

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  • Directed to inciting or producig imminent lawless action and
  • Is likly to incite or produce such action.

Key Supreme Court Cases on Criminalizing Speech:


 

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