1st Amendment and Free Speech/Where do we draw the line?

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Expert: - 6/19/2008


Question
A member on YouTube posts (unannounced, except to family members and
friends, but available to the public) the recording of their 1.5 year-old
daughter standing in the corner, facing the corner, crying, while her mother,
operating the camera to recording the event, yells at her not to hit or to push.  
The entire clip is just that.  Is it legal to post this material in a public space
such as YouTube?  Is it legal to request that it be removed as a group of
people are offended by it?

Answer
Hi Robert,

It certainly sounds disturbing.  But even things that are disturbing or in very poor tasted are protected by the First Amendment.  YouTube, as a private company has the right to ban whatever they want, but the government cannot compel them to ban protected speech.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

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

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