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1st Amendment and Free Speech/Exceptions to the first amendment

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Expert: - 2/9/2010


Question
Hello,

I was wondering why we allow exceptions to free speech? My specific example is that we can let the KKK gather and spread their message but we can't say Taco Bell makes people sick without worrying about a defamation lawsuit.

When did we decide that a business' livelihood is able to trump the first amendment?

Answer
Hi Jon,

The short answer is that certain exceptions exist because the Supreme Court says they exist.  One of the exceptions that the Court has recognized is defamation.  The Justices have said that false statements of fact that defame someone add no value to the public debate and are not worthy of protection.  If you are interested in a more detailed understanding, you may want to read the opinions in New York Times v. Sullivan (available at findlaw.com).  

Making a claim that a company is making people sick would only be unprotected if the claim was false.  If the claim was true, it would certainly be protected.

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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