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 Collection: Congressional Research Service Reports
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: November 5, 2001
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: May 16, 2002
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law... abridging the freedom of speech, or of the press....” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: November 20, 2002
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: May 6, 2003
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: June 26, 2003
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: August 27, 2003
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment – of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: January 7, 2004
Creator: Cohen, Henry
Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Immigration-Related Provisions of Selected Bills on Religious Persecution

Immigration-Related Provisions of Selected Bills on Religious Persecution

Date: June 4, 1998
Creator: Eig, Larry M & Vialet, Joyce
Description: This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
Contributing Partner: UNT Libraries Government Documents Department
The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78

The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78

Date: April 20, 1998
Creator: Ackerman, David M
Description: This report summarizes legislative developments on the proposal and briefly analyzes its likely legal effect if added to the Constitution.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Information Act Amendments: 109th Congress

Freedom of Information Act Amendments: 109th Congress

Date: February 25, 2005
Creator: Relyea, Harold C
Description: This report discusses the Freedom of Information Act (FOIA), which was designed to enable any person — individual or corporate, regardless of citizenship — to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic.
Contributing Partner: UNT Libraries Government Documents Department
Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Date: September 10, 2001
Creator: Redhead, C. Stephen
Description: This report discusses the issue facing Congress on whether to continue to support the executive branch’s prosecution of medical marijuana patients and their providers, in accordance with marijuana’s status as a Schedule I drug under the Controlled Substances Act, or whether to relax federal marijuana prohibition enough to permit the medical use of botanical cannabis products by seriously ill persons, especially in states that have created medical marijuana programs under state law.
Contributing Partner: UNT Libraries Government Documents Department
Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Date: October 3, 2002
Creator: Redhead, C. Stephen
Description: This report discusses the issue facing Congress on whether to continue to support the executive branch’s prosecution of medical marijuana patients and their providers, in accordance with marijuana’s status as a Schedule I drug under the Controlled Substances Act, or whether to relax federal marijuana prohibition enough to permit the medical use of botanical cannabis products by seriously ill persons, especially in states that have created medical marijuana programs under state law.
Contributing Partner: UNT Libraries Government Documents Department
Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Date: January 3, 2003
Creator: Redhead, C. Stephen
Description: This report discusses the issue facing Congress on whether to continue to support the executive branch’s prosecution of medical marijuana patients and their providers, in accordance with marijuana’s status as a Schedule I drug under the Controlled Substances Act, or whether to relax federal marijuana prohibition enough to permit the medical use of botanical cannabis products by seriously ill persons, especially in states that have created medical marijuana programs under state law.
Contributing Partner: UNT Libraries Government Documents Department
Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Date: June 11, 2003
Creator: Redhead, C. Stephen
Description: This report discusses the issue facing Congress on whether to continue to support the executive branch’s prosecution of medical marijuana patients and their providers, in accordance with marijuana’s status as a Schedule I drug under the Controlled Substances Act, or whether to relax federal marijuana prohibition enough to permit the medical use of botanical cannabis products by seriously ill persons, especially in states that have created medical marijuana programs under state law.
Contributing Partner: UNT Libraries Government Documents Department
Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Date: March 10, 2004
Creator: Redhead, C. Stephen
Description: This report discusses the issue facing Congress on whether to continue to support the executive branch’s prosecution of medical marijuana patients and their providers, in accordance with marijuana’s status as a Schedule I drug under the Controlled Substances Act, or whether to relax federal marijuana prohibition enough to permit the medical use of botanical cannabis products by seriously ill persons, especially in states that have created medical marijuana programs under state law.
Contributing Partner: UNT Libraries Government Documents Department
Internet Privacy - Protecting Personal Information: Overview and Pending Legislation

Internet Privacy - Protecting Personal Information: Overview and Pending Legislation

Date: January 16, 2001
Creator: Smith, Marcia S
Description: The privacy of information collected by operators of World Wide Web sites is a growing issue of concern. Many in Congress and the Clinton Administration prefer to rely on industry self regulation to protect consumer privacy, but frustration at industry's slow pace led to the 1998 passage of the Children's Online Privacy Protection Act in 1998 (P.L. 105-277). This report provides a very abbreviated overview of Internet privacy issues and tracks pending legislation.
Contributing Partner: UNT Libraries Government Documents Department
International Conflict and Property Rights: Fifth Amendment "Takings" Issues

International Conflict and Property Rights: Fifth Amendment "Takings" Issues

Date: December 5, 2001
Creator: Meltz, Robert
Description: This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Contributing Partner: UNT Libraries Government Documents Department
Judge Samuel Alito's Opinions in Freedom of Speech Cases

Judge Samuel Alito's Opinions in Freedom of Speech Cases

Date: December 9, 2005
Creator: Cohen, Henry
Description: This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
Contributing Partner: UNT Libraries Government Documents Department
Human Rights in U.S. Foreign Relations: Six Key Questions in the Continuing Policy Debate

Human Rights in U.S. Foreign Relations: Six Key Questions in the Continuing Policy Debate

Date: December 10, 1981
Creator: Bite, Vita & Foreign Affairs and National Defense Division
Description: This report provides background information and a general overview of the role of human rights in U.S. foreign policy. It includes a discussion of some traditional arguments about how international human rights concerns might be integrated with other foreign policy factors. It also includes a discussion of the definition of human rights, of U.S. international obligations to promote human rights, and the apparatus and procedures available to the U.S. Government for implementing human rights policy. Particular attention is paid to congressional actions, not only in debating and holding hearings on human rights issues, but especially in enacting laws to assure that U.S. foreign policy formulation and practice include consideration of the status of human rights in other countries.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: January 24, 2006
Creator: Garcia, Michael John
Description: This report discusses the recent controversy that has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109- 148), and the National Defense Authorization Act for FY2006 (P.L. 109-163) contain identical provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions, added to the defense appropriations and authorization bills via amendments introduced by Senator John McCain, have popularly been referred to as “the McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus Relief: Background, Legislation, and Issues

Federal Habeas Corpus Relief: Background, Legislation, and Issues

Date: February 1, 2006
Creator: Seghetti, Lisa M & James, Nathan
Description: This report examines the issues surrounding the debate on whether to further restrict state prisoners’ access to federal habeas corpus filings. This report does not discuss issues related to federalism and the proper role of the federal court system in overseeing the actions of state courts pertaining to prisoners’ constitutional rights. The report opens with a discussion of a commission that was established in 1988 to study and make recommendations of the then-current federal habeas corpus system and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It then provides an analysis of federal habeas corpus petition data since 1990. The report examines whether the number of federal habeas corpus petitions and the time it takes for the federal court system to process these claims have increased since the enactment of the the Anti-Terrorism and Effective Death Penalty Act (AEDPA). It then discusses legislation introduced in the 109th Congress that would further restrict state prisoners’ access to federal habeas corpus relief. The report concludes with an analysis of two dominant issues that are at the center of this debate: delays caused by habeas corpus petitions and post-conviction representation.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus: A Brief Legal Overview

Federal Habeas Corpus: A Brief Legal Overview

Date: April 26, 2006
Creator: Doyle, Charles
Description: This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus: An Abridged Sketch

Federal Habeas Corpus: An Abridged Sketch

Date: April 28, 2006
Creator: Doyle, Charles
Description: This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Contributing Partner: UNT Libraries Government Documents Department
Human Rights and U.S. Foreign Policy

Human Rights and U.S. Foreign Policy

Date: November 24, 1982
Creator: Bite, Vita
Description: Following a review of such broad policy issues, this report treats specific human rights issues of current interest. Discussions of controversy over the selection of an Assistant Secretary of State for Human Rights and Humanitarian Affairs and of human rights policy at the international financial institutions are followed by reviews of U.S. human rights policy toward Argentina, El Salvador, Nicaragua, South Africa, and the Soviet Union.
Contributing Partner: UNT Libraries Government Documents Department
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