1st Amendment and Free Speech/PATRIOT ACT

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Question
CAN ALL OF THE CONST & BILL OF RIGHTS B SUPERSEDED 'BYE ' THE "PATRIOT ACT??????????

Answer
Hi Tom,

Under US law, the Constitution (of which the Bill of Rights is a part) is the supreme law of the land.  All legislation must comply with the Constitution.  So, no legislation may suspend all or or any part of the Constitution.  Any legislation that conflicts with any Constitutional safeguard is null and void and will not be enforced by courts.

Of course, there are differing interpretations of some Constitutional rights.  Some might argue that some laws, such as parts of the Patriot Act, violate some Constitutional safeguards, while others think the law is perfectly constitutional.  Typically, we rely on the Courts to resolved these interpretational conflicts.  Ultimately, it is up to the people to provide consent to the terms by which they are governed.

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. My specialty is in cases involving public employment or education, as well as issues related to campaign finance. 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 content. 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 and engage in campaign related speech.

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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