First Amendment - Law Dictionary Search Results
Home Dictionary Name: first amendmentfirst amendment
first amendment The constitutional amendment ratified with the Bill of Rights in 1791, guaranteeing the freedoms of speech, religion, press, assembly and the right to petition the government for the redress of grievances. Source: FindLaw ...
freedom of religion
freedom of religion :the right esp. as guaranteed under the free exercise clause of the First Amendment to the U.S. Constitution to practice one's religion or exercise one's beliefs without intervention by the government and to be free of the exercise of authority by a church through the government see also free exercise clause NOTE: The freedom of religion as guaranteed by the First Amendment can be overcome by a showing by the government of a compelling state interest. On this basis, practices used in some religions, such as drug use and bigamy, are prohibited despite the First Amendment guarantee. ...
freedom of the press
freedom of the press :the right to publish and disseminate information, thoughts, and opinions without restraint or censorship as guaranteed under the First Amendment to the U.S. Constitution NOTE: The First Amendment's guarantees of freedom of speech and freedom of the press are closely intertwined, and many cases relating to freedom of the press are couched in terms of the freedom of speech. ...
Public order
Public order, expression 'public order' has a distinct corrodation. Investigation into the offence under the Essential Commodities Act, may not be equated with the maintenance of public order as is commonly understood, Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294.Public order, has a comprehensive meaning so as to include public safety in its relation to the maintenance of public order and maintenance of public order involves consideration of public safety. They are closely allied concepts, Revana Siddaiah v. State of Mysore, AIR 1952 Mys 85: (1951) ILR Mys 455: (1952) Cr LJ 1526.Public order, has a very wide connotation public order is the basic need in any organized society. It implies the orderly State of Society and Community in which citizens can peacefully pursue their normal activities of life, Kamlakar Shankar Patil v. B. Akashi, (1994) Cr LJ 1870.Public order, has in several decisions, been equated with public safety and tranquility. Each and every breach of tranqui...
blasphemy
blasphemy pl: -mies : the crime of insulting or showing contempt or lack of reverence for God or a religion and its doctrines and writings and esp. God as perceived by Christianity and Christian doctrines and writings see also Amendment I to the Constitution in the back matter NOTE: In many states, blasphemy statutes have been repealed as contrary to the First Amendment. ...
u.s. constitution
u.s. constitution the document written by the founders of this country, which establishes the basic structure and functions of the federal government, grants certain specified rights, often called constitutional rights, to the American people, and places limits on the powers and activities of our federal and state governments. The term "U.S. Constitution" also includes its amendments. The first ten amendments to the Constitution are referred to as the Bill of Rights. Source: Federal Judicial Center ...
turn
turn : to have a specified decisive factor used with on [the first of the cases…ed on first amendment issues "K. A. Cohen"] ...
Obscenity
Obscenity, is not deemed to be protected by the First Amendment, and the operative legal tests for obscenity are spongy and leave much to the vagaries of juries asked to evaluate expert testimony on literary merit, offensiveness, and other unmeasur-ables, Richard A. Posner, Law and Literature: A Misunderstood Relation 329 (1988).Obscenity, means (1) The quality or state of being morally abhorrent or socially taboo, esp. as a result of referring to or depicting sexual or excretory functions. (2) Something (such as an expression or act) that has this quality, Black's Law Dictionary, 7th Edn., p. 1104....
Noerr-Pennington doctrine
Noerr-Pennington doctrine [after Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), and United Mine Workers v. Pennington, 381 U.S. 657 (1965), U.S. Supreme Court cases that established the doctrine] : a doctrine based on the First Amendment right of petition that exempts from antitrust liability the joint efforts of businesses to petition or influence government bodies provided that such activities are not sham ...
symbolic speech
symbolic speech : conduct that is intended to convey a particular message which is likely to be understood by those viewing it [it is well established that wearing certain clothing can be a form of protected symbolic speech "City of Harvard v. Gaut, 660 N.E.2d 259 (1996)"] compare commercial speech, pure speech NOTE: Symbolic speech is entitled to free speech protection under the First Amendment to the U.S. Constitution unless its regulation is within the constitutional power of the government and is justified by an important government interest, and the restriction placed on it by regulation is no greater than is essential to the furtherance of that interest. ...
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