1st Amendment and Free Speech/Age Of Consent

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Question
Hello Michael , My name is Isaac I'm 16 years old Who Lives In California I have a Girlfriend who lived in Connecticut but moved to California so we could date with eachother and stuff well, She is 19 years old gonna be 20 in 2 months and lives with her uncle and aunt because shes living in their household so she can get a new start on life in California well her uncle doesn't like that were dating since I'm 16 but we love eachother. we want her to come live with us and my family we wouldn't be having sex thought until i turn 18 but if i was 17 could she live with me and does she have to listen to what her uncle says at age 19 please help me i also wanna know what's the age i can drive a car to go see her please i need this help real bad bro! We Dont wanna end this but if he calls the cops when shes living here what will happen please help!

Answer
HI Isaac,

This really isn't a First Amendment question, and I don't really claim to be an expert on age of consent rules.  But the age of consent in California is 18.  Since she is over 18, she is free to live wherever she likes.  Her Uncle has no say over that.  However, if she is involved in any sexual activity with you before turning 18, she could face criminal charges.  I understand  your feelings, but having two young people in love living in the same house and not allowed to be physical with each other might prove to be too difficult.  So I understand the Uncle's concerns.  That said, there is no legal bar that I know of that prevents her from living in the house.

- 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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