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About Michael Troy
(Top Expert on this page)

Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

   

You are here:  Experts > Arts/Humanities > Political Science > 1st Amendment and Free Speech

Questions Answered By Expert  Michael Troy 
In Category  1st Amendment and Free Speech

SubjectDate Asked

profiling10/5/2008
  Q: Not long ago in this college lib a guard asked to see my id saying she was checking everyone's. But ...
  A: First, please keep in mind that I cannot provide specific legal advice in this forum. Secondly, ...
High school year book photos10/1/2008
  Q: My local high school's year book advisor set a policy that makes it mandatory for all 12th grade ...
  A: Keep in mind that I cannot provide specific legal advice in this forum. I can only discuss the ...
Free Speech8/13/2008
  Q: I complained about a lawyer and his firm to the proper officials. I did not lie. I also posted a ...
  A: I cannot provide specific legal advice in this forum. However, you may want to consider filing a ...
Speech @ work7/10/2008
  Q: Can a private company that is funded by the government use "religious speech" at work. For example, ...
  A: Generally speaking, the First Amendment only restricts government limits on speech and religious ...
SLAPP6/22/2008
  Q: I was curious what SLAPP suits are exactly. I understand the general idea, but in a state where ...
  A: The term "SLAPP" is an acronym that stands for "strategic lawsuits against public participation." ...
Where do we draw the line?6/19/2008
  Q: A member on YouTube posts (unannounced, except to family members and friends, but available to the ...
  A: It certainly sounds disturbing. But even things that are disturbing or in very poor tasted are ...
preparing a petition under rights of referendum6/13/2008
  Q: Our tribal constitution guarantees the general council rights of referendum. I live 3000 miles away ...
  A: I don't claim to be an expert in tribal law, nor can I really give any specific legal advice in this ...
First Amendment rights6/9/2008
  Q: If a certain kind of speech is held by a court not to be protected by the First Amendment, can the ...
  A: Practically speaking, if the courts fail to protect a category of speech, and the legislature and ...
First Amendment6/9/2008
  Q: The local school has decided to rent the high school auditorium to groups for meetings. So far the ...
  A: Please keep in mind that I cannot provide specific legal advice in this forum. However, generally ...
Free Speech / Homeowner's Association6/9/2008
  Q: As a condition of purchasing a specific home, I was required to sign a "covenant" with the local ...
  A: Generally speaking, Homeowners Associations are not considered government entities and therefore are ...
1st Amendment rights6/4/2008
  Q: This rule is *not so* clearly posted on a popular site that children, as well as adults, populate. ...
  A: The First Amendment only applies to government censorship. Private organization can place whatever ...
freedom of speech6/2/2008
  Q: If my college professor forbids her students to discuss abortion in her class is she violating our ...
  A: Please keep in mind I cannot provide specific legal advice in this forum. However, I am happy to ...
supreme court decision regarding free speech5/27/2008
  Q: Do you know the most famous speech by a supreme court justice, regarding freedom of speech? I'm ...
  A: The US Supreme Court has issues hundreds of famous speeches related to free speech. Without more ...
Cross removed from 6thgraders desk4/6/2008
  Q: My 6th grader was told vy her teacher to remove a small cross which she has along the side of the ...
  A: I cannot provide specific legal advice in this forum. However, I will say that generally speaking ...
free speech at school4/5/2008
  Q: I'm 14 and my basic understanding of free speech at school is it's ok as long as it isn't profane, ...
  A: In general the basic rule is that that schools cannot take action for the purpose of censoring ...
Freedom of Speech Violation4/3/2008
  Q: I have to do a paper for school about violations of the 1st Amendment and freedom of speech, and I ...
  A: Of course what exactly is a violation is probably a matter of debate since different people ...
Expressing political views through employer email services3/21/2008
  Q: I'm a secondary school teacher who sent out an email from my home pc and email address to the staff ...
  A: I cannot provide specific legal advice in this situation. For that you would need an attorney who ...
1st Amendment Right to use Parking at Park3/1/2008
  Q: Our community denies parking to non residents including a World War ll Veteran at our tax exempt ...
  A: Please keep in mind that I cannot provide specific legal advice in this forum. I am happy, however, ...
slander2/26/2008
  Q: wile working one day a new manager was hired and was told i was stealing and to watch every thing i ...
  A: Assuming this is a private employer, no First Amendment issue is there, but if you believe your boss ...
discrimination for use of Spanish at work2/4/2008
  Q: My husband works for CBS radio and he was told today he is not allow to use Spanish within the ...
  A: Please keep in mind that I cannot provide specific legal advice in this forum. However, generally ...
First Amendment (Fourteenth Amendment ) Rights1/31/2008
  Q: My questions is as follows: My question involves privileges and freedoms as they apply via the First ...
  A: I'm sorry but I don't see a First Amendment issue here. The first Amedment protects against free ...
free speech to the extreme12/23/2007
  Q: I'm Canadian and am alarmed by the terrifying powers of Human Right's Commissions to muzzle free ...
  A: Firstly, there is a difference between the scenario you describe and Nazi Germany. In Nazi Germany, ...
Videotaping at School12/19/2007
  Q: My son is a Michigan elementary school student. There is a constant issue with bullying and ...
  A: I suspsect the school would not make those tapes available for privacy reasons. However, if you ...
student photography rights12/12/2007
  Q: If there is a fight at a public high school, can students snap pictures of it and can the ...
  A: Under the First Amendment, Police or other school officials would not be able to justify ...
federal employee free speech12/5/2007
  Q: I am a former federal employee who lost my job after talking with National director of my Agency ...
  A: It sounds from your description that you have a serious uphill legal battle here. If you are ...
students right to written protest12/1/2007
  Q: There are students at our high school in Washington State that want to write letters to the Vice ...
  A: Please keep in mind that I cannot provide specific legal advice in this forum. However, generally ...
Is he in Trouble?11/30/2007
  Q: I have a friend who is 25 now and doing good in life. Well when he was 21 he slept with a 15 year ...
  A: This question really has nothing to do with the First Amendment, and I am not a particluar expert it ...
Freedom of speech and School Uniforms11/19/2007
  Q: I am a current student at the university of Arkansas and I am working on a research project about ...
  A: I think this article is right on point for you: ...
Can I be punished for off campus communications?11/10/2007
  Q: If I send a "nasty" e-mail to someone from an off campus e-mail, can I be reprimanded by the ...
  A: The fact that you are off-campus does not immunize you from the school reacting to your ...
Religious expression in the work place11/4/2007
  Q: I worked for 20 yrs with the City of San Diego and was terminated for insubordination. My appeal is ...
  A: Sorry to hear about your situation. Unfortunately, I am not allowed to provide specific legal ...
First Amendment Rights of Public Employees10/27/2007
  Q: I have a question, I am a public employee (A Fire Marshal) in a local (Township) Government. We ...
  A: Many employers can and do ban all political items from the workplace, including pins and t-shirts. ...
First Amendment Rights of Public Employees10/27/2007
  Q: I have a question, I am a public employee (A Fire Marshal) in a local (Township) Government. We ...
  A: Courts have allowed governments to prevent public employees from expressing political beliefs while ...
yearbook censorship10/24/2007
  Q: My question involves the authority of a public high school, specifically a yearbook advisor, to ...
  A: As a former high school yearbook staffer myself, it certainly sounds like the advisor is ...
First Amendment Rights of Public Employees10/21/2007
  Q: I have a question, I am a public employee (A Fire Marshal) in a local (Township) Government. We ...
  A: I am not allowed to provide specific legal advice is this forum, but I will say that generally ...
Illegal Internet Sites10/19/2007
  Q: What is regarded as an illegal Internet adult site? I have seen a site with young girls not yet 18 ...
  A: I took a quick look at the home page. The images seemed rather disturbing to me, but one of the ...
Illegal Internet Sites10/15/2007
  Q: What is regarded as an illegal Internet adult site? I have seen a site with young girls not yet 18 ...
  A: This web site discusses the definition of federal law regarding child pornography: ...
First Amendment and Videotaping a Public Debate...10/4/2007
  Q: On September 25, 2007, I attended a public debate at a county government facility between two ...
  A: It is a complicated question. Officials are permitted to restrict video taping of an event if their ...
Is Flag-Burning "Free Speech"?9/13/2007
  Q: Is Flag-Burning "Free Speech"?
  A: The US Supreme Court has held that laws banning the burning of a flag to be a violation of the First ...
profanity on a sign9/12/2007
  Q: my grandfather put a 4/8 sing that says slow the fuck down ass hole can he get in trouble he lives ...
  A: I can't provide legal advice for specific cases in this forum. However, I can say that the Supreme ...
Library Rule - Talk to Staff Only, Not Other Users9/10/2007
  Q: Can a university library impose a rule that patrons may not address each other, but instead must "go ...
  A: Typically, time place and manner restrictions like this are upheld under the First Amendment. The ...
minor dating an adult9/8/2007
  Q: My boyfriend and I are 1 and 1/2 years apart. I am sophmore in highschool, and he is a senior. Next ...
  A: This question has nothing to do with the First Amendment. However, you may find this site helpful ...
prez and vice prez from same state8/16/2007
  Q: You are incorrect A President and a VP can come from the same state. A delegate to the electoral ...
  A: I'm not sure exactly what answer you are replying to, but if I said that there is an direct ...
Political Signs In Neighborhood8/7/2007
  Q: Section 11.04 Signs. No sign or other advertising device of any nature shall be placed upon any ...
  A: The illegality of pre-approval doesn't come up much because it is so clearly established. Here is a ...
free speech8/3/2007
  Q: when do you consider free speech as influencing process of trial?
  A: Any speech can influence the process of a trial. The question is when it inappropriately influences ...
Political signs7/14/2007
  Q: I am running for city council in a city in michigan. My home owners assoc says I have to remove my ...
  A: Generlly speaking, an association may restrict use of signs without regard to content, but if they ...
15 year old minor dating a 17 year old male6/20/2007
  Q: for the past year, i've been dating a guy who is only 2 years older than me. at the time i met him, ...
  A: This really isn't a free speech question, and it outside my area of expertise. But my ...
13 years old Girl and 16 years old Guy6/15/2007
  Q: I have a 13 years old friend living in Michigan, she's 13 and she recently came up to me and told me ...
  A: This really has nothing to do with the First Amendment and is not really my area of expertise. ...
Right of Free Speech - question6/14/2007
  Q: I am in California. I am in dispute with a business in Illinois. This business runs an online ...
  A: You said in your original question that the online school was run by a business. If it is, in fact, ...
Right of Free Speech - question6/13/2007
  Q: I am in California. I am in dispute with a business in Illinois. This business runs an online ...
  A: Sorry to hear about your situation. Your First Amendment rights only apply to government actions. ...
5th amendment violation6/9/2007
  Q: I was interviewed on tape By a workers Comp investigator about a recent accident at work.I was told ...
  A: and sorry to hear about your situation. First, let me ephasize that my real expertise is not in 5th ...
1st Amendment Rights6/4/2007
  Q: Mr. Troy, After winning the leadership vote of our neighborhood association the looser created a ...
  A: Sorry to hear about your stiuation But the same Consitutional power that gives your group the right ...
sex5/27/2007
  Q: I am a 16 year old girl who has a baby with a 22 year old guy. He had court problems charge or ...
  A: This really is not a free speech question and is really not my area of expertise. Even if it was, I ...
dating a guy5/26/2007
  Q:
  A: and sorry to hear about your situation. This really is not a free speech question and is really not ...
taking pictures5/25/2007
  Q: I couldn't think of any other category in which to put this question, so I decided to put it here. ...
  A: For the most part, photography in public places is considered a protected activity. A private ...
Sex5/16/2007
  Q: I have a 21 year old boyfriend and im only 16 years old. Is this legal in the state of indiana?
  A: This really is not a free speech question, and I am not a particular expert in sex laws, but my ...
Age Of Consent4/27/2007
  Q: My name is Isaac I'm 16 years old Who Lives In California I have a Girlfriend who lived in ...
  A: This really isn't a First Amendment question, and I don't really claim to be an expert on age of ...
21 year old dating a 16 year old4/24/2007
  Q: I was just curious as to the limitations of this relationship, I do realize that the age of consent ...
  A: This is not really a First Amendment question, and I am not particularly an expert in this area, but ...
Please help me out..4/17/2007
  Q: Is it legal for a 19 year old and a 16 year old to have a relationship (non-sexual) in the state of ...
  A: This really has nothing to do with the First Amendment, and I am not allow to provide specific legal ...
Sexual age consent among states4/15/2007
  Q: I know that the sexual consent age in Washington State is 16 but does that only apply to in-state ...
  A: This is not really a free speech question, and I am not particluarly an expert in statutory rape ...
Minor Dateing4/14/2007
  Q: I like a guy he is 17, 18 in July, and I am 14, 15 in June, and he likes me and I like him so the ...
  A: This realy is not a First Amendment issue, and laws on statutory rape differe greatly from State to ...
Dating an 18 year old4/11/2007
  Q: My uncle in law i guess you could say we are related bby marriage is a cop and he is the cop at ...
  A: I can't provide specific legal advice here, and this really does not involve free speech issues. ...
1st amendment4/4/2007
  Q: which clause in the constitution is on racial profiling
  A: There is nothing in the Constution that explicitly deals with racial profiling. However, people ...
Discrimination3/26/2007
  Q: I was wondering if it was illegal to discriminate against anyone in the work place based on ...
  A: It could be age discrimination. Unfortunately for your situation, it is also legal. Age ...
adult and minors3/26/2007
  Q: My friend is 14 and she is dating a guy that is 18. They don't do anything sexuality, they only kiss ...
  A: As a legal matter, if they are not engaging in sexual activity, including sexual touching and the ...
Crosses of Lafayette, CA3/22/2007
  Q: can you tell me if what is going on in Lafayette, CA is a restriction on the freedom of speech. ...
  A: I'm really not familiar with the specific circumstances of the case in Lafayette, CA. However, ...
Taking an "Oath" for Employment at a Public University3/22/2007
  Q: A friend of mine recently accepted a position to teach at a public state university. The friend is ...
  A: Generally speaking, courts tend to hold that such oaths violate one's first amendment rights. Such ...
Please Help me answer this question3/18/2007
  Q: My best friend has just 22 (female) and she has had a child from a 16 yr old (male). When she was ...
  A: Your friend is in a difficult situation. I would not advise her to what is effectively admitting to ...
is it illeagal if he's 18 but i'm already 17?1/12/2007
  Q: here's the deal... i've been dating my current boyfriend for a little over 3 years now. last ...
  A: I cannot provide definitive legal advice in this forum. For that, you would need to consult with an ...
8year difference1/9/2007
  Q: i'm 15 and i'm dating this guy who is 23. he's goes to college and is sweet and we've been together ...
  A: Just seeing each other and spending time together is not illegal. Having sex would be illegal in ...
minor dating adult1/4/2007
  Q: i am 16 years old and i have been dating a 22 year old. i would like to know at what age is it legal ...
  A: The age of consent in Minnesota is 16 for issues involving statutory rape. However, it is also a ...
im a minor in a relationship1/1/2007
  Q: I am a 14 year old girl and i am currently seeing a 17 year old male. My parents don't have a ...
  A: The age of consent in Washington State is 16. Since your boyfriend is more than two years older ...
Remarks at work12/28/2006
  Q: I am the guardian of a disabled adult who is HIV positive. I live in Charlotte North Carolina. I ...
  A: Sorry to hear about your situation. I'm not sure that the First Amendment has any particular ...
Adult dating minor12/19/2006
  Q: I am 22 years old, my girlfriend is 17. I live in a different state and travel to see her (she ...
  A: Spending time with a girl with parental approval is permitted. Any sexual activity is a violation ...
hey12/18/2006
  Q: I'm 18 old male dating a 16 old female who is about to turn 17 within the next month I want to know ...
  A: Dating is not illegal. Sex or any sort of sexual touching could send you to jail. It really ...
Censorship of music12/12/2006
  Q: my question has a lot do deal with KT's. I also am doing a report on censorship of music. i actually ...
  A: Government cannot ban music under the First Amendment. The Supreme Court has interpreted the free ...
pregnant12/11/2006
  Q: I live in San Diego Ca... but then when he turns 18 I will be 20 a couple weeks later.I am pregnant. ...
  A: California actually has pretty tough consent laws. Having sex with anyone under the age of 18 is ...
pregnant12/11/2006
  Q: I am pregnant. I am 19 but my boyfriend/fiance will not turn 18 till two months before the baby is ...
  A: Age should not be an issue. Most States set the age of consent at 16 or 17. Even where the age is ...
under god in the pledge of allegiance12/9/2006
  Q: The statement "under god" in the pledge of allegiance can come into conflict with the first ...
  A: The First Amendment prohibits Congress from making any "law respecting an establishment of ...
im a minor dating an adult12/8/2006
  Q: well im 15 years old and the person who im dating is 20 years old is it ok if we just hang out or ...
  A: Going for a walk or to the movies is ok, as long as your parents consent to it (taking a child away ...
dating a minor12/7/2006
  Q: I am a 15 years old girl and i have a guy i like and he is 21. I was wondering if it would get him ...
  A: There is no law preventing you from seeing each other. But any sexual activity, even just talking ...
a mnior dating an adult12/7/2006
  Q: If guy is 23 and wants to date a girl who is 17 and have a relationship without sex is it illegal?I ...
  A: In most states, even in a non-sexual relationship have control over what a minor daughter does. In ...
Teacher v. Parent12/6/2006
  Q: Recently I came across a situation where a teacher lost a position as a playground supervisor, ...
  A: The question is certainly defamatory and caused damage. The big quesiton is whether it is false. ...
1st amendment12/6/2006
  Q: if the 1st amendment clearly states that we have freedom of speech, than why is God being taken out ...
  A: Freedom of speech often clashes with other Constitutional provisions. For example, in the issues ...
Another Adult-Minor relationship question12/3/2006
  Q: I would like some help with a situation between two friends of mine (honestly, it's not me). The ...
  A: Well first off, you can always call the cops on someone and get them in trouble, even if there is ...
free exercise and establishment clauses11/28/2006
  Q: You answered a question a while back about these clauses coming into conflict, I am working on the ...
  A: He Selera, Sorry for taking so long to get back to you. I had a hard time thinking of cases where ...
brochures in public places11/17/2006
  Q: A simple question. I am trying to find the law that states that 'any brochure may be displayed in a ...
  A: There is no specific statute on this point. However, there are a number of Court precedents which ...
adults dating minors11/15/2006
  Q: okay i am a 15 year old and my boyfriend is 20 we have been dating for almost 3 years now my mom is ...
  A: The law in most States considers a 20 year old having sex with a 15 year old to be a felony. You ...
need help11/10/2006
  Q: I am a 13 yr old living in virginia but my boyfriend is 18 if someone turns us into the law saying ...
  A: If you are having sex with your boyfriend, he could be charged with a felony and sent to jail as a ...
Free Speech11/9/2006
  Q: I am a senior and for my AP Government class my friend and I are researching the free speech part of ...
  A: Freedom of speech was considered one of the fundamental freedoms for the founding fathers. One ...
Dating an Adult11/8/2006
  Q: I am one week away from being 17 years old, and I want to have a relationship with a 21 year old. Is ...
  A: Dating an older man is not illegal. Engaging in sexual activity may be. You may want to take a ...
Is "Orprah for President" protected speech?11/3/2006
  Q: We have been having a discussion at work about IP, copyright, and political speech. In the last ...
  A: It sounds to me like Oprah has some overly zealous attorneys. A public figure cannot prevent user ...
political signs in your yard11/1/2006
  Q: I'm the president of a homeowners association, and in our Declarations of Restrictions it's states ...
  A: Generally speaking, you cannot restrict the content of signs, but you can restrict signs generally. ...
What Is a Reasonable "Time, Place And Manner" Restriction?10/31/2006
  Q: Can the school district claim that underground paper must be put in school admin office for only 5 ...
  A: There is no specific rule on what constitutes a "reasonable" time place and manner restriction. ...
English only laws10/28/2006
  Q: By not making the necessary accommodations to help someone because they don't speak the language is ...
  A: If you did not speak English and asked me a question, and I answered you in English, that would not ...
English only laws10/28/2006
  Q: So then you could say that it is discrimination against people who do not SPEAK English proficiently ...
  A: I wouldn't use the term "discrimintion". That refers to treating people differently. If you are ...
Adults dating minors10/26/2006
  Q: I'm 16 years old and I will be 17 in April which i know is the legal age of consent in New York ...
  A: It is not illegal to spend the night at someone's house, as long as your mother gives her consent. ...
Pro's of Official Language Laws10/20/2006
  Q: Hey Mike: You're clearly more informed on the issue than I am, and seem to disagree with Official ...
  A: Even if I disagree with the means of official English laws, I think the ultimate goal of its ...
First Amendment violations during wartime10/17/2006
  Q: What have been some of the most blatant violations of our First Amendment rights during wartime? And ...
  A: During the Civil War, many people, including newspaper editors and politicians were imprisoned ...
adult having a non-sexual friendship with a minor10/13/2006
  Q: I am a 45y/o gay man living with my partner of 11 years, in New York City. I have a 25y/o gay male ...
  A: I can't really provide specific legal advice in this forum, especially not being an expert in ...
Dating a Minor9/21/2006
  Q: I am sort of having a problem right now. I am 19 and I am currently going out with a girl who is 16. ...
  A: Dating a minor is not illegal. Having sex with a minor can be. It depends on both of your exact ...
time/place/manner restrictions9/15/2006
  Q: Can a grade school (k-12) create a "fixed buffer" zone in the student drop off location to ensure ...
  A: The law on time, place, and manner restrictions can be a little hard to predict. Different judges ...
English only laws9/13/2006
  Q: So then in order to prove this is a violation of our constitutional rights, one has to prove there ...
  A: The distinction being made in the case I mentioned had to do with direct discrimination vs. ...
English only laws9/12/2006
  Q: In recent months there has been a huge discussion about immigration reform and along with ...
  A: Most English only laws do not require that private citizens speak English. For the most part, the ...
adult minor dating9/6/2006
  Q: but we are not having sex, have never had sex and he doesn't talking me in to doing anything i don't ...
  A: From a legal standpoint, you may be fine. Most states have set the age of consent for sex at 16. ...
Adult minor dating9/1/2006
  Q: i am a Female, 18, dating a 14 year old male. we met over the internet and talk for about a month ...
  A: Having sex with a minor varies depending on the State. However, since that is not an issue, I won't ...
Business speech7/30/2006
  Q: I own a plant nursery. On my blog site, I gave my opinion about an author recommending the growing ...
  A: Unfortunately, I cannot address the specific legality of your situation. There are, of course, many ...
Any relation?7/12/2006
  Q: I found this site while doing research for a class I teach. very helpful. I am a state circuit ...
  A: I don't think we are too closely related. My great-grandfather came to Philadelphia from Ireland in ...
Free speech and cutting grass5/24/2006
  Q: Does choosing not to cut your grass in the front yard of your home fall under the protection of free ...
  A: I guess if you could make a plausable argument about what statement you are trying to make, it might ...
freedom of speech5/11/2006
  Q: is my son aloud to talk with his friends while at school about hunting, types of guns they would ...
  A: Unfortunately, I am not allowed to give specific legal advice here. However, generally speaking, ...
1st Amendment and Creation vs.Evolution5/8/2006
  Q: Troy. I am writing a paper about Creation Vs. Evolution for my english 4 class. We read the play ...
  A: I understand how this can be confusing, because the way we understand the First Amendment today is ...
Trying Minors As Adults4/14/2006
  Q: I am doing a research project on minor prosecution and I would like to know how you feel about this ...
  A: This is not really a First Amendment question, but I am happy to help. 1. I personally don't think ...
Internet Law3/31/2006
  Q: Michael, Do you have any legal information regarding the posting of someone else's personal ...
  A: In general, publishing publicly available information about a person, including name, address, ...
First Amendment3/29/2006
  Q: Without the first amendment how would my life be altered?
  A: Ideally, it would not be different at all. The freedoms based in the First Amendment are supposed ...
1st Amendment3/18/2006
  Q: Michael, I am in dire need of your assistance. I am currently in a Political Science class and we ...
  A: Fortunately, someone has already done the work for you. All of the actual briefs for both parties ...
Randall v. Sorrell3/2/2006
  Q: I am in a Political Science class at the junior college MJC.Which I am having much difficulty in, as ...
  A: The Supreme Court has held quite clearly and consistently in a number of important cases that any ...
Censorship11/20/2005
  Q: Troy, For school, I am doing a research paper on censorship. Since you are an expert regarding ...
  A: Lots of things have been censored over the centuries. The British at one time forbade printing of ...
Criticism of a public figure...11/14/2005
  Q: If I want to set up a spoof web site to express criticism of a popular (as in well-known) public ...
  A: I can't provide legal advice regarding a specific case here. For that, you would need to speak with ...
Freedom of Speech and of the Press?11/1/2005
  Q: In a current case in the news, a columnist played a major role in revealing the name of a CIA ...
  A: There is no real Constitutional issue involved here. The reporters have not been prosecuted because ...
terrorism and sport9/9/2005
  Q: I am so glad because of your helping.I want help me again. My editor appreciated me for terrorism ...
  A: Obviously, Germany is not going to tell the public exactly what methods and strategies it is using ...
terrorism and sport8/27/2005
  Q: we can remember last year bombing plan in santiago bernabeo stadium also of course it was not ...
  A: There are frequently threats against sporting events, some serious, some not. However, it is ...
terrorism and sport8/27/2005
  Q: I want know relatios between terrorism and sport specially soccer Best
  A: Sporting events are considerd a danger for terrorist activity because it brings a lot of people ...
Adult dating minor8/22/2005
  Q: I am an eighteen year old male currently dating a fifteen year old female. Is this legal? We are ...
  A: First, please keep in mind that I am not permitted to provide specific legal advice in this forum. ...
Free speech/Michigan's "cussing" law7/29/2005
  Q: Can you tell me if Michigan's law of using obscenities in front of women and children has been ...
  A: Michigan's cussing law was found unconstitutional in 2002. That said, many authorities still ...
homework: censorship in Rock n' Roll Music5/1/2005
  Q: I have a Presentation that I have to do for my Civics class about my opinion on Music censorship. ...
  A: Music has been accepted as a valid way of expressing ideas. Therefore, it receives First Amendment ...
1st amendment fun4/18/2005
  Q: Troy, I was recently assigned an interesting project dealing with national security v. freedom of ...
  A: The First Amendment typically prevents censorship of almost any information. It does not matter if ...
hate speech4/16/2005
  Q: I have some questions i would like to ask 1. What is your definition of hate speech ? 2. In ...
  A: 1. What is your definition of hate speech ? Hate speech is any expression that expresses hate for ...
Freedom of Speech!3/29/2005
  Q: California. I am writing a argumentative essay about "free speech" and I would like to ask a ...
  A: I can't say that I have read the essay in question, although I am very familiar with Nat Hentoff and ...
Hate Speech and the First Amendment3/14/2005
  Q: Currently, almost all forms of hate speech and racial demonstrations are permitted in the US because ...
  A: First off, it's helpful to have a better idea of any sort of Constitutional enforcement. Federal ...
1at amendment/slander3/8/2005
  Q: I have a roommate who has been accused by women on more than one occasion of raping them. If I call ...
  A: First off, I cannot provide specific legal advice here. Local laws and court rulings can affect how ...
suing my government2/14/2005
  Q: Am I allowed to sue my State? Hope please you will answer. Thank you.
  A: It really depends on what you are trying to do. Generally speaking, you cannot sue state ...
freedom of speech2/3/2005
  Q: i am working on a project for shool and i will love to knnow your thoughts and answers to the ...
  A: Freedom of speech simply means that the government cannot stop people from expressing their ...
First Amendment Rights on the Sidewalk in Front of a Public High School12/27/2004
  Q: My question is very simple and concerns student rights at a public high school. A student publishes ...
  A: First off, please keep in mind that I cannot provide specific legal advice for actual cases. There ...
Dress Codes at Schools regarding piercings12/1/2004
  Q: I don't think it's fair for people at my school to dress like gangsters or wear all this provocative ...
  A: Courts have said that schools have the right to place limitson things that are a distraction. They ...
Can campaign advertising be restricted?11/21/2004
  Q: I have forwarded the below response to op ed columnist Nick Kristof to a large number of people. ...
  A: Sorry, but I disagree 100%. The First Amendment is specifically designed to prevent the government ...
Government10/28/2004
  Q: Who makes up the Government in a state? Or what is the Government in a State? I would very much ...
  A: The Powers of government are divided up among many people. Typically, most state governments in the ...
Government10/27/2004
  Q: Who makes up the Government in a state? Or what is the Government in a State? I would very much ...
  A: A state is a political entity. It can be a completely sovereign country like Germany, or a subset ...
1st Amendment10/26/2004
  Q: Can a private sector employer implement policies that govern employee political activisim while not ...
  A: Assuming you do not work for the government, then yes, you employer might be able to condition your ...
heritage10/13/2004
  Q: who was mary ingalls and what happened to her.
  A: I'm assuming you are talking about the sister of Laura Ingalls Wilder, the author of the "Little ...
Establishment Clause v. Free Exercise Clause10/11/2004
  Q: Michal, I am in a class in my high school (We the People) that specializes in the Constitution. In ...
  A: There was a time when there was no real conflict between the Establishment Clause and the Free ...
A '?' BOUT TOURISM9/27/2004
  Q: MICHEAL YOU QUOTED A LAW BEFORE,I THINK FROM VIRGINIA, IN THE STATE SUPREME COURT ABOUT ...
  A: Sorry but I keep records of all my responses. The document I sent you is the only PDF on file that ...
freedome of speech8/8/2004
  Q: i would like to know if there is a law in the usa concerning the issue of freedome of speech and ...
  A: There are no federal laws. However, each of the 50 states have their own laws. For the most part, ...
freedom of religion8/2/2004
  Q: i'm a law stuident from israel, and nowdays i'm writng a paper about the freedom of religion,i would ...
  A: Because Free exercise of religion is a Constitutional right in the US, most of the rules ...
pornogaphy and free speech7/28/2004
  Q: johan d. ashcroft v. the free speech coalition case "created" a new policy-"...the reasons the ...
  A: Ashcroft v. Free Speech Coalition was a 2002 Supreme Court case which invalidated the Child ...
Hello!7/25/2004
  Q: troy! i am a law student from israel and i have one simpleis the "freedom of working"- the right to ...
  A: There is no explicit right to work in the Constitution or anywhere else. While it is inconceivable ...
constitutional law7/19/2004
  Q: i am a law student and i make a research about slander or libel againt public figure, i would like ...
  A: The special protections for attacks on public figures are entirely created by judicial opinion. The ...
1st Amendment7/15/2004
  Q: I participate in a men's baseball league that recently sent out a letter threatening to expel any ...
  A: Generally speaking the First Amendment does not apply to private organizations. Some States have ...
a lawyer6/24/2004
  Q: I have a lawsuit pending in my state. I need an operation that might require disability assistance ...
  A: Generally speaking receiving state assistance would not impact on your right to bring a lawsuit, ...
privacy6/15/2004
  Q: Does there have to be a proven drug problem in a school in order for the administration to justify ...
  A: According to the Supreme Court, no. They have held that a school may condition participation in ...
Supreme Court question6/10/2004
  Q: Would writing a letter to the chief justice and the associate justices of my state superme court be ...
  A: If it really is the case that your attorney permitted fraudulant actions against you by the court ...
Supreme Court question6/10/2004
  Q: Would writing a letter to the chief justice and the associate justices of my state superme court be ...
  A: No, writing a letter is not enough. To appeal a case, you usually have to fill out a specific form ...
Patroit Act of 20015/17/2004
  Q: Troy, Im currently doing a research project for my english class on the patriot act. I was wonderng ...
  A: The Patriot Act put into law a number of government powers that many officials had wanted for some ...
5TH AMENDMENT5/15/2004
  Q: I realize that my question may require some depth of an answer but my intent is to find the "simple" ...
  A: The right against self-incrimination has not always been consistenly enforced, but it has been a ...
I HOPE YOU CAN GIVE ME A HAND?4/6/2004
  Q: I HAVE A QUICK QUESTION? WOULD YOU HAPPEN TO KNOW ANY CASES THAT DEALS WITH 1ST AMMENDEMENT ? ...
  A: Leafleting is generally protected speech. However, goverments may put in place content-neutal time, ...
FREEDOM OF SPEECH4/6/2004
  Q: I HAVE A QUICK QUESTION? WOULD YOU HAPPEN TO KNOW ANY CASES THAT DEALS WITH 1ST AMMENDEMENT ? ...
  A: I could probably give a better answer if I knew what the law said and what the teacher's union was ...
Picketing3/24/2004
  Q: I am currently disputing a contractual issue with my home builder. They are a national organization. ...
  A: I am not permitted to provide specific legal advice in this forum. That would constitute ...
Creation vs. Evolution-John T. Scope's Trial3/22/2004
  Q: Michael Troy, I am doing a research paper on creation vs. evolution for my English III class in high ...
  A: The Scopes trial was actually a rather straight-forward case. The State of Tennesee passed a law ...
Elections3/20/2004
  Q: An elected official running for re-election had his relative place an ad in local newspaper for a ...
  A: First off, I am not allowed to provide specific legal advice in this forum. That would constitute ...
is this right?3/10/2004
  Q: Can someone rightfully be arrested by an ABC officer for obstruction of a Government ...
  A: Obstruction of Justice is one of those vague charges that could mean a lot of things. Alerting ...
Free Choice2/25/2004
  Q: I am a 6 grade male, attending a middle/high school, residing in Yonkers, New York. I need to add a ...
  A: Free choice is a pretty broad topic. People are free to make choices on all sorts of things. You ...
Tacking religious articals on the walls of employment1/8/2004
  Q: I'm a secretary that shares a typwriter with another secretary. She is always scotch typing her ...
  A: First, keep in mind that I cannot provide specific legal advice here. Your state or locality may ...
slander1/7/2004
  Q: I don't know if this would be your area, but in Illinois, can someone be arrested for slander? ...
  A: I'm not really an expert on Illinois law so I can't give you a definitive answer. I could not find ...
freedom of speech11/2/2003
  Q: I am currently writing a speech on has freedom of speech gone to far? Im a junior in high school and ...
  A: I don't think anyone would dispute that free speech rights have become far more expansive than the ...
right of association7/29/2003
  Q: id like to find out if there are differents between american and british law according to the right ...
  A: I'm not really familiar with British law, so you may want to ask someone else about that. However, ...
the balance between the Freedom of information and National security.7/29/2003
  Q: TROY. I'm yael, a first year law student from Israel (THIS IS A FALLOW-UP QUESTION). I ...
  A: As I said in my last answer, there is no Constitutional right to information from the government. ...
Restricting free speech7/28/2003
  Q: I seek your help reguarding freedom of speech restrictions. My question is: Can a potential ...
  A: In the US the answer is almost never. The Courts have held that while preventing disruption is ...
public's right to know7/27/2003
  Q: Troy, I'm yael, a first year law student from israel. I currently work on a project involving the ...
  A: The First Amendment, nor any other clause in the Constitution generally does not give people the ...
hate speech7/16/2003
  Q: I would like to know if there is any legislation, federal or state, regarding hate speech or ...
  A: In the US is is extremely difficult to pass hate speech legislation because most such laws would ...
Petitions and protests4/19/2003
  Q: Troy, I am writing an article on Teenagers petitioning and/or peaceably protesting the government. ...
  A: The important thing to remember about a protest is that you have a right to get out your message, ...
Original intent4/8/2003
  Q: Mike, I hope you don't find a second question bothersome. You provided an excellent answer, but ...
  A: First, keep in mind that there is no single view that contains "original intent." There were many ...
Protest rallies4/7/2003
  Q: With all the Anti-war protests and the Pro-America Rallies, I have a question. Do any organized ...
  A: The general rule is no, protesters may not break other neutral legitimate laws such as impeding ...
At a creation vs. evolution...4/7/2003
  Q: At a creation vs. evolution forum one of the evolutionist, attempting to typify creationists, ...
  A: I think there are really two different issues here. First, yes the First Amendment generally covers ...
1st Amendment rights2/10/2003
  Q: I am an 18 year old student doing a project on 1st Amendment rights. To what extent has the ...
  A: The Rehnquist Court, which began in 1987, has decided a great deal of First Amendment Cases. It has ...
1st. Amendent protections of sources1/27/2003
  Q: Can journalists be convected of Obstruction Of Justice by refussing to reveal their sorces? Should ...
  A: The First Amendment does not exempt reporters who can be compelled as witnesses to illegal activity. ...
freedom of speech1/10/2003
  Q: If I were to handout flyers containing information about a coach at a local school containing ...
  A: Please keep in mind that I cannot provide specific legal advice here. For that, you would need to ...
debates on line12/16/2002
  Q: Troy, Thank you for taking my question as you have been helpful to me in the past. Are there any ...
  A: He there, There aren't many sites that will cover such subject comprehensively unless they have an ...
1st Amendment11/2/2002
  Q: i am a sworn public employee employed by a law enforcement agency. my wife, who is not employed by ...
  A: First of all, let me say that I am not allowed to provide specific legal advice here. Because I may ...
Freedom of speech and the internet10/31/2002
  Q: Yesterday, my 8th grade daughter found a website that she heard a classmate posted her poems on. ...
  A: First, keep in mind that I can't answer specific legal questions here. Doing so would constitute ...
Invasion of Privacy9/25/2002
  Q: I'm doing a paper and the guy that's under "Misc Law" says he doesn't have time to answer homework ...
  A: There are many different state and federal laws that deal with privacy issues. For example, there ...
Government Class 12th grade9/17/2002
  Q: Why are the rights set out in the 1st Amendment called "fundamental freedoms?" I only found ...
  A: The First Amendment provides rights to Freedom of Speech, religion, press, petition, and against ...
My job is being threatened5/25/2002
  Q: Recently my job was threatened because of something I allegedly said during my lunch hour a while ...
  A: I cannot provide specific legal advice in this situation as such would constitute unauthorized ...
Freedom of the Press/Freedom of Worship5/23/2002
  Q: Can one publish their point of view on a religion calling it a cult and then proceeding to enumerate ...
  A: Normally, one cannot libel a large group. Defamation and libel laws normally apply to individuals. ...
Hey Michael Michael my...5/19/2002
  Q: Hey Michael Michael my question has do with with Law School. I am a high school student highly ...
  A: Law school is quite difficult, but is also a very interesting intellectual experience. You have to ...
Speech on 1st amendment5/4/2002
  Q: First off thank you for knowing about this amendment. I am writing a speech about the ideals and ...
  A: There are five basic freedoms contained in the First Amendment: Freedom of Speech, Freedom of the ...
School dress policies4/16/2002
  Q: I would like to find summeries of specific cases of individuals fighting school dress policies. My ...
  A: First, keep in mind that I cannot give specific legal advice in this forum. Because I am not ...
1st amendment violations1/26/2002
  Q: What and how many, 1st Amendment violations has there been and can I have specific details and dates ...
  A: There have probably been millions of violations of the First Amendment. Of course specific ...
Freedom of speech/religion12/22/2001
  Q: My four year old nephew attends a day care center. At home he says grace before meals. If asked he ...
  A: Children have a Constitutional right to pray in school, as long as it is not disruptive to the ...
swearing to God12/10/2001
  Q: If a person who does not believe in "God" (as in, a defined, devout being in an established ...
  A: Two hundred years ago, some people refused to take oaths in Court because some Christian religions ...
Freedom of Religious Expression (?)12/1/2001
  Q: Can a business that is part of a national chain (Subway) ask/demand that a T-Shirt that "is ...
  A: According to some legal interpretations, they not only have a right to do so, they have a duty to do ...
Freedom of Speech10/21/2001
  Q: Troy, Hello. I am writing on behalf of my father who was fired from his job on October 15, 2001. ...
  A: Sorry to hear about your father's difficulties. Unfortunately, the First Amendment only applies to ...
1st amendment10/15/2001
  Q: Do you think that a newspaper has the right to publish false information and still be proteccted ...
  A: The Supreme Court has said that the First Amendment does not protect false statements of fact. ...
Freedom of the Press9/22/2001
  Q: What is Britain's Official Secrets Act and how does it work?
  A: The OSA was first passed in 1911, and substantially rewritten in 1989. It's primary purpose is to ...
right to video tape birth9/20/2001
  Q: does a hospital have the right to refuse to allow you to videotape the birth of a child?
  A: The short answer is yes, the probably can refuse you the right to videotape. If it is a private ...
WHAT CAN I SAY MOTHER****ER!!!!8/29/2001
  Q: Can you smell the Irony? It won't let me send the message because of the profanity. ...
  A: The Supreme Court has said that use of profanity in some contexts, at least, is Constiutionally ...
FCC and Autodialers8/18/2001
  Q: Im not sure if you are the right guy for the job, but you seemed the closest i could find. Recently ...
  A: FCC regulations forbid the sort of call you described. Just because it is a law office doesn't mean ...
Censored Speech & Gagging on Internet Forums7/15/2001
  Q: Does an internet forum guide on a forum such as the Politics and Current Events Forum in About.com, ...
  A: It may be censorship, but it is not a violation of the First Amendment. The First Amendment only ...
Will Webpage be Defamatory?7/12/2001
  Q: This one is on whether a webpage I'll be putting up will be defamatory. I'm a tourist from ...
  A: Under Ethics laws, I am not permitted to give legal advice about specific cases. Because laws and ...
SLANDER, LIBEL IN THE WORK PLACE7/8/2001
  Q: IF SOMEONE DOES NOT GET SELECTED FOR A PROMOTION AT WORK, AND THEN MAKES UNTRUE STATEMENTS ABOUT ...
  A: Slander is making a false statement of fact about a person which defames them in some way. (Libel ...

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