Congressional Research Service Reports - 139 Matching Results

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Freedom of Speech and Press: Exceptions to the First Amendment

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.
Date: May 6, 2003
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

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.
Date: August 27, 2003
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

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.
Date: May 16, 2002
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

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.
Date: June 26, 2003
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

Description: 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. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
Date: October 16, 2009
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Obscenity and Indecency: Constitutional Principles and Federal Statutes

Description: his report examines federal law regarding obscenity and indecency. The First Amendment provides: “Congress shall make no law... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
Date: January 21, 2009
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Obscenity and Indecency: Constitutional Principles and Federal Statutes

Description: This report examines federal law regarding obscenity and indecency. The First Amendment provides: “Congress shall make no law... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
Date: May 2, 2003
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Obscenity, Child Pornography, and Indecency: Brief Background and Recent Developments

Description: The First Amendment provides that “Congress shall make no law ... abridging the freedom of speech, or of the press. ...” The First Amendment applies, with two exceptions, to pornography, with that term being used to refer to any words or pictures of a sexual nature. This report discusses the two exceptions, which are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Pornography and “indecent” material that are protected by the First Amendment may nevertheless be restricted in order to limit minors’ access to them.
Date: October 6, 2009
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

The "Son of Sam" Case: Legislative Implications

Description: In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
Date: November 30, 1998
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Journalists’ Privilege: Overview of the Law and Legislation in the 109th and 110th Congresses

Description: This report examines laws pertaining to journalists' privilege. Most states afford journalists some protection from compelled release of their confidential sources. The question remains, however, as to whether a concomitant federal privilege exists. The Supreme Court has addressed the issue of journalists’ privilege under the First Amendment only once; in Branzburg v. Hayes, it left open the question of whether the First Amendment provides journalists with any privilege.
Date: September 28, 2007
Creator: Cohen, Henry & Ann Ruane, Kathleen
Partner: UNT Libraries Government Documents Department

Journalists' Privilege: Overview of the Law and Legislation in the 109th and 110th Congresses

Description: This report discusses the journalists' privilege, provides and overview of the law, describes the Grand Jury Subpoena related to the Judith Miller case, and gives an overview of the congressional response in the 109th and 110th Congresses.
Date: July 29, 2008
Creator: Cohen, Henry & Ruane, Kathleen Ann
Partner: UNT Libraries Government Documents Department

Intelligence Identities Protection Act

Description: This report summarizes the Intelligence Identities Protection Act, P.L. 97-200, enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents.
Date: January 28, 2011
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

English as the Official Language of the United States: Legal Background

Description: For over a decade, legislation that would either declare English the official language of the United States government or that would oppose such declarations has been introduced in Congress. This report discusses the legal effect of some of these congressional proposals, as well as current federal policy on foreign language assistance, the constitutional law implications of official English proposals, and legal issues regarding state laws on official English.
Date: December 23, 2010
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department