Marisa's Wicked Word Nosh

A First Look at the First Amendment


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We've been hearing a lot lately about the First Amendment to the U.S. Constitution...but let's face, it, the First Amendment is never not relevant, so all kinds of writers should have some understanding of what is and isn't protected under it. However, it is also frequently misunderstood, so in this episode, I provide basic information on the "freedom of speech" clause of the First Amendment in relation to several recent events.

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For further reference:

  • "First Amendment": https://www.law.cornell.edu/constitution/first_amendment
  • "Marketplace of ideas": https://en.wikipedia.org/wiki/Marketplace_of_ideas
  • "Freedom of Expression," by American Civil Liberties Union (ACLU): https://www.aclu.org/other/freedom-expression
  • "What Kind of Speech Isn’t Free Under the First Amendment?" by E.A. Gjelten: https://www.lawyers.com/legal-info/criminal/its-ok-to-speak-your-mind-but-dont-hurt-anyone.html
  • "Does Twitter’s ban violate Trump’s free-speech rights? Likely not, but it raises questions about social media platforms, Philly experts say," by Maddie Hanna: https://www.inquirer.com/news/twitter-bans-trump-free-speech-first-amendment-20210109.html
  • "John Bolton Has a Clear First Amendment Right to Publish His Book," by Ronald Krotoszynski: https://slate.com/news-and-politics/2020/06/john-bolton-first-amendment-right-to-publish-his-book.html
  • "Can Twitter Legally Bar Trump? The First Amendment Says Yes," by Adam Liptak: https://www.nytimes.com/2021/01/09/us/first-amendment-free-speech.html
  • "Trump ban won't solve deeper Twitter problem: Vitriol and violence that threaten democracy," by Brian L. Ott and Greg Dickinson: https://www.usatoday.com/story/opinion/2021/01/10/twitter-bans-donald-trump-but-still-threatens-democracy-column/6614952002/
  • "Why the First Amendment can't protect Trump on Twitter or save Parler," by Marguerite Reardon: https://www.msn.com/en-us/news/technology/why-the-first-amendment-can-t-protect-trump-on-twitter-or-save-parler/ar-BB1cFgZr
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    Marisa's Wicked Word NoshBy Marisa delle Farfalle

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