Chapter 10 resources for the Cyberlaw bookResources and Links for the book Cyberlaw: Law for Digital Spaces and Information Systems, by John Bandler

By John Bandler

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Chapter 10: The First Amendment and protections for speech from government interference

Chapter references, resources, and additional reading

Chapter review study points

  • The First Amendment restricts government interference with speech and expression (and thought)
  • Put differently, the First Amendment protects our speech, expression, and thought from government interference.
  • The First Amendment applies to all government branches (legislative, executive, judicial), and all levels of government (federal, state, local)
  • The First Amendment does not apply to private entities.
  • It does not protect against private interference with speech (maybe other laws might)
  • There is an enormous body of case law (legal precedent) that interprets what the First Amendment means
  • Free speech protections of the First Amendment do not mean that anything can be said without any consequences at all
  • Any speech could have private consequences (the First Amendment is simply about consequences from government)
  • Think of three areas of government consequence (or not) regarding speech:
    • Some speech may be absolutely protected from any government consequence
    • Some speech may be properly subject to civil lawsuit (i.e. a civil lawsuit uses government courts)
    • Some speech may be properly subject to criminal prosecution (a criminal prosecution represents a substantial use of government power).
  • Think of these six categories of speech
    • All speech
    • Protected speech
    • Annoying speech
    • Unfriending speech
    • Civilly actionable speech
    • Criminally actionable speech

Chapter questions

  • What does the First Amendment protect?
  • List three areas of government consequence (or not) regarding speech
  • List all six categories of speech, according to the chapter
  • If speech is protected by the First Amendment, can someone be arrested for saying it? Why or why not?
  • If speech is protected by the First Amendment, can someone be sued civilly for saying it? Why or why not?
  • A private school expels someone because of what they said. Does the First Amendment apply? Why?
  • A public (government) school expels someone because of what they said. Does the First Amendment apply? Why?
  • A private employer fires someone because of what they said. Does the First Amendment apply? Why?
  • A government employer fires someone because of what they said. Does the First Amendment apply? Why?
  • Give an example of speech that is protected by the First Amendment (keep the example appropriate for school)
  • Read the 45 words of the First Amendment and what do you think of when you read them? Is this your first time?
    • 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.
  • When we are assessing laws around speech and expression, what is the first and most authoritative law we should consider?
  • The law on speech in the U.S. starts with what?
  • Does the First Amendment impose restrictions on whether and how the government can prosecute someone based on their speech and expression?
  • Does the First Amendment impose restrictions on whether and how one party can sue another party based on their speech and expression?
  • Do you have a Math + Law inclination? Estimate how many words have been written about the First Amendment's 45 words? Provide your justification and methodology.

Links and information

This page is hosted at https://johnbandler.com/cyberlawbook-resources-ch10, copyright John Bandler, all rights reserved.

Originally posted 10/31/2024.  Updated 01/04/2025.