firstamendmentcenter.org: Rehnquist & First Amendment: end of an era analysis

~ ~ ` Justice Rehnquist is one of the more interesting ChiefJustices in American history. Both in character & intellect.

Rehnquist had the paradoxical effect of increasing the Federalist power of the Supreme Court by often overturning Congressional legislation....

.. while at the same time issuing other decsions that greatly decreased the Federal reach over states rights.

This article here is a nice overview of
Justice Rehnquist's legal legacy . ~~ TP

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"Rehnquist & First Amendment: end of an era"

By Ronald K.L. Collins

First Amendment Center scholar
09.04.05
firstamendmentcenter.org: analysis:

"Chief Justice William H. Rehnquist's death ends a

judicial career that has left its mark on our

constitutional law of freedom of expression and

religious liberty.

The Rehnquist II Court (the Court as currently

constituted)has been sharing courtroom and chambers

since the fall term of 1994.

Since then, the Court has handed down 58 First

Amendment freedom-of-expression opinions in

matters involving religious speech, association rights,

Internet regulation, government-employee expression,

indecent speech, commercial expression,

telemarketing, prisoners’ speech, campaign-finance

laws, hate speech, and various kinds of zoning laws

affecting free speech, among others."

http://www.firstamendmentcenter.org/analysis.aspx?id=15526

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Appeals Court OKs Jerry Falwell Web Site - Yahoo! News

~~` Strike up one for Cyber Speech Rights. ~~ TP

"Appeals Court OKs Jerry Falwell [counter] Web Site" -

"'After even a quick glance at the content of the website ... no one seeking Reverend Falwell's guidance would be misled by the domain name
http://www.fallwell.com
into believing that Reverend Falwell authorized the content of that website,'

Judge Diana Gribbon Motz

wrote, noting that the site criticized Falwell,
his positions and his interpretations of the Bible."

A Federal Court Rules that the First Amendment to the US constitution, means that no authority can restrict the flow of ANY information to any citizen

~~ A Federal Court Rules that the First Amendment to the US constitution, means that no authority can restrict the flow of ANY information to any citizen, even if that citizen be in jail. I think that is very good. ~~ tp

Guess Who WANTS Junk Mail?
Wed Feb 2, 2005 10:08 AM ET

SAN FRANCISCO (Reuters) - Some Americans might think of junk mail as cruel and unusual punishment, but a U.S. appeals court ruled on Tuesday that prison officials may not stop bulk mail and catalogs from reaching prisoners.

The case stems from a lawsuit against Washington state's Department of Corrections, which had barred its inmates from receiving such mailed materials.

The U.S. 9th Circuit Court of Appeals upheld a lower court ruling and rejected arguments that banning bulk mail makes it easier to run a prison and reduces the risk of fire.

"Publishers have a First Amendment right to communicate with prisoners by mail, and inmates have a First Amendment right to receive this mail," Arthur Alarcon wrote for the three-judge panel.

The "ban on non-subscription bulk mail and catalogs is not rationally related to a legitimate penological interest and is therefore unconstitutional," he added.

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"First Amendment No Big Deal,Students Say." , By BEN FELLER AP Education Writer

This article below about how American High School students dismiss the First Amendment as too broad & granting too much freedom , is quite distressing.

However I would not be surprised if a poll of adults turned out any different. Most American Citizens, [or at least most that i know] , fail to grasp the most basic principles that are the foundation of our free society.

As Hodding Carter III is quoted below : "Ignorance about the basics of this free society is a danger to our nation's future." A very true and important concept. You cannot protect rights you do not understand!

The first Amendment is America's first defense against tyranny rising from within our own boarders.

Those who think "it can't happen here" should read the book with that title by Sinclair Lewis or Philip Roth's latest "The Plot Against America".

The rights embodied in the First Ten Amendments of the American Constitution are what separate our Democracy from Dictatorships.

During the 1960's , Free Speech was an "it" thing among the kids.
Will the 2000's be the decade of peer-pressured - constrained speech ?
A country where the legal entitlement of first amendment rights are so generally misunderstood, that they will be asserted less and less by the general population?

Remember Big Corporations & Rich People are ALWAYS excreting -- and are always looking to expand--- their constitutional rights & powers.~~~~
~~~~ TP

Monday, January 31, 2005 4:01 p.m. ET
By BEN FELLER AP Education Writer
"First Amendment No Big Deal,Students Say."

WASHINGTON (AP) -- The way many high school students see it, government censorship of newspapers may not be a bad thing, and flag burning is hardly protected free speech.

It turns out the First Amendment is a second-rate issue to many of those nearing their own adult independence, according to a study of high school attitudes released Monday.

The original amendment to the Constitution is the cornerstone of the way of life in the United States, promising citizens the freedoms of religion, speech, press and assembly.

Yet, when told of the exact text of the First Amendment, more than one in three high school students said it goes "too far" in the rights it guarantees. Only half of the students said newspapers should be allowed to publish freely without government approval of stories.

"These results are not only disturbing; they are dangerous," said Hodding Carter III, president of the John S. and James L. Knight Foundation, which sponsored the $1 million study. "Ignorance about the basics of this free society is a danger to our nation's future."

"The last 15 years have not been a golden era for student media," said Warren Watson, director of the J-Ideas project at Ball State University in Indiana. "Programs are under siege or dying from neglect. Many students do not get the opportunity to practice our basic freedoms."

On the Net:

Future of the First Amendment report: http://www.firstamendmentfuture.org/

http://wireservice.wired.com/wired/story.asp?section=Breaking&storyId=983353&tw=wn_wire_story

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