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?

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 10/31/2024.