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1st Amendment and Free Speech/Parental Limitation of Free Speech

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Expert: - 4/12/2010


Question
Hi,

In a case where the parents are divorced and living in separate homes, if one parent limits the children from talking to the other (by phone or other means) and against the wishes of the children - could this be constituted as a breach of free speech? if so, what could be the remedy?

This is in a case where both parents have equal legal and physical custody.

Many thanks!

Answer
Hello,

The First Amendment only applies to government censorship of speech.  Parents, as private citizens, are not bound by the limits of the First Amendment.  The situation  you describe is outside the First Amendment jurisprudence.  It would be considered a civil family matter to be settled by a court based on the interests of the children.

- 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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