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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: 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
Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech

Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech

Date: May 23, 1997
Creator: Cohen, Henry
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status

The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status

Date: June 25, 1998
Creator: Ackerman, David M
Description: None
Contributing Partner: UNT Libraries Government Documents Department
"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534

"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534

Date: June 24, 1998
Creator: Meltz, Robert
Description: In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States to bring invalidation and compensation claims in the same court, and lowering abstention and ripeness barriers when suing local governments in federal court for property rights violations.
Contributing Partner: UNT Libraries Government Documents Department
Religious Persecution Abroad: Congressional Concerns and Actions

Religious Persecution Abroad: Congressional Concerns and Actions

Date: June 25, 1998
Creator: Bite, Vita
Description: None
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
The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee

The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee

Date: May 28, 1998
Creator: Ackerman, David M & Sayler, James
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Property Rights Implementation Act of 1998

The Property Rights Implementation Act of 1998

Date: July 10, 1998
Creator: Meltz, Robert
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Online Privacy Protection: Issues and Developments

Online Privacy Protection: Issues and Developments

Date: September 28, 1999
Creator: Stevens, Gina Marie
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Online Privacy Protection: Issues and Developments

Online Privacy Protection: Issues and Developments

Date: January 11, 2001
Creator: Stevens, Gina Marie
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Privacy Act: Emerging Issues and Related Legislation

The Privacy Act: Emerging Issues and Related Legislation

Date: February 26, 2002
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
China's Relations with Central Asian States and Problems with Terrorism

China's Relations with Central Asian States and Problems with Terrorism

Date: December 17, 2001
Creator: McNeal, Dewardric L
Description: This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang.
Contributing Partner: UNT Libraries Government Documents Department
Treatment of "Battlefield Detainees" in the War on Terrorism

Treatment of "Battlefield Detainees" in the War on Terrorism

Date: April 11, 2002
Creator: Elsea, Jennifer K
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Treatment of "Battlefield Detainees" in the War on Terrorism

Treatment of "Battlefield Detainees" in the War on Terrorism

Date: January 13, 2005
Creator: Elsea, Jennifer K
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Critical Infrastructure Information Disclosure and Homeland Security

Critical Infrastructure Information Disclosure and Homeland Security

Date: January 29, 2003
Creator: Moteff, John D & Stevens, Gina Marie
Description: This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA.
Contributing Partner: UNT Libraries Government Documents Department
Critical Infrastructure Information Disclosure and Homeland Security

Critical Infrastructure Information Disclosure and Homeland Security

Date: August 31, 2002
Creator: Moteff, John D & Stevens, Gina Marie
Description: This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: January 30, 2003
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 15, 2004
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: February 24, 2005
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 31, 2005
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Contributing Partner: UNT Libraries Government Documents Department
Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws

Privacy: Total Information Awareness Programs and Related Information Access, Collection, and Protection Laws

Date: February 14, 2003
Creator: Stevens, Gina Marie
Description: None
Contributing Partner: UNT Libraries Government Documents Department