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1st Amendment and Free Speech/Questions

SubjectDate AskedExpert
free speech in school4/26/2009Michael Troy
  Q: Are there any specific NY or federal laws, statutes, and/or regulations on student free speech in ...
  A: Most rules regarding free speech rights of students are spelled out in court cases, not statutes. ...
How is your day going?4/6/2009Michael Troy
  Q: this has become a recurring scene now. A female officer that has come into contact with me several ...
  A: I wouldn't read too much into her questions. Officers often try to engage with people they see in ...
right to petition4/6/2009Michael Troy
  Q: I have read some of your comments and found them helpful and edifying. I have recently decided to ...
  A: I don't know exactly what the library regulations are in your local area, but the Supreme court has ...
My son is suspended.4/4/2009Michael Troy
  Q: My son is suspended for 46 days for a group he created on Facebook critical of his teacher. There ...
  A: You may very well have a claim. If you wish to pursue this, I strongly recommend retaining an ...
My Religious Freedoms & Taxpayer funded Abortion4/4/2009Ed Buckner
  Q: If abortion is against my religion, does not the funding of abortions with my taxes constitute a ...
  A: With respect, if we accept your argument, no government would then be possible at all. Even one ...
Adult girlfriend and Minor boyfriend3/31/2009Ed Buckner
  Q: oky i just turn 21 and my formal boyfriend is will be 16 soon and we both in sexually engaged and we ...
  A: I'm not really an expert on this, but I know a little about it. The age of consent--the age when ...
My son is suspended.3/28/2009Michael Troy
  Q: My son is suspended for 46 days for a group he created on Facebook critical of his teacher. There ...
  A: I cannot provide legal advice in this forum, but generally speaking it sounds like the information ...
high school government teacher3/25/2009Ed Buckner
  Q: In regard to your answer. Where did "We the People" get the right to determine our form of ...
  A: Dan, You are not being careful enough with your quotations. The Madison quote, for example, has ...
Journalism3/24/2009Michael Troy
  Q: There is no journalism category, that I can find, so I am hoping you can help me with this or ...
  A: The phrase was the working motto of the Chicago City News, a newspaper that started in the late ...
high school government teacher3/24/2009Ed Buckner
  Q: In regard to your answer. Where did "We the People" get the right to determine our form of ...
  A: The Declaration of Independence is, of course, a quite important document in our history, one that ...
expression of political views in the workplace3/16/2009Michael Troy
  Q: Okay, my boss where an American Flag pin, which I totally respect. Yet, i asked it i can where a ...
  A: I cannot provide specific legal advice, but I will say that that Constitution only protects against ...
Free Speech3/16/2009Michael Troy
  Q: I was arrested twice for using basic free speech in the past two years. Once for saying "little ...
  A: If you did little more than say that, I suspect that yes, you may have a claim (although I cannot ...
Legal Age?3/6/2009Jeffrey-Peter Hauck
  Q: .and i live in Ohio is there anything wrong with me and her dating like could we get in trouble..you ...
  A: Darrin, I don't think I have had any contact with you before so I am not sure what I have said. ...
help!3/5/2009Jeffrey-Peter Hauck
  Q: My mother is telling me that if i keep seeing this guy she will call the police. But what can the ...
  A: Stephanie, Depending upon where you live you could be doing your boyfriend a disservice by ...
I may be wrong.2/24/2009Michael Troy
  Q: I routinely post on blogs. I found out that a co-worker had posted on p**psheet about another ...
  A: In terms of your job, neither of you has any First Amendment protection. The First Amendment only ...
freedom of speach2/18/2009Ed Buckner
  Q: Is is against the law to use fowl language when talking to a person on the phone? My wife is ...
  A: Joseph, Sorry for the delay--I was unexpectedly out of e-mail and internet reach. Laws on foul ...
the constitution2/6/2009Michael Troy
  Q: i have been told the constitution has been suspended since 1933 when the country went bankrupt- is ...
  A: The US has never gone bankrupt, not in 1933, not ever. The US Constitution has also never been ...
Preventing liability in offering info for refusing life support1/30/2009Michael Troy
  Q: My mother suffered greatly before ultimately dying. Her directive to be let go was authenticated, ...
  A: If you personally write and post information that is illegal, having a corporation is not going to ...
Publically disclosing a religious hospital's directives1/27/2009Ed Buckner
  Q: My secular mother was found unconscious in her home and transported by fire department paramedics to ...
  A: Gary, I am no lawyer and don't know if you have a legal claim against the hospital--you *may*--but ...
Preventing liability in offering info for refusing life support1/27/2009Michael Troy
  Q: My mother suffered greatly before ultimately dying. Her directive to be let go was authenticated, ...
  A: So sorry to hear about your mother. Please keep in mind that I cannot provide specific advice in ...
school1/26/2009Michael Troy
  Q: if i passed out flyers at school without permission should i get suspended for 10 days. Why or Why ...
  A: Schools have some right to maintain order in a school. It would really depend on the circumstances. ...
Adult Minor Dating Ages1/22/2009Ed Buckner
  Q: Ed Buckner, I'm a 15 year old girl and I am currently dating a 17 year old boy who will turn 18 in ...
  A: I'm not really an expert on this, but I know a little about it. The age of consent--the age when ...
freedom of religious practice in literature1/20/2009Michael Troy
  Q: Can a professor of a public college require someone to read a book after that person has explained ...
  A: Generally speaking, the Supreme Court has held that the Free Exercise clause does not prevent even a ...
news1/6/2009Ed Buckner
  Q: I'm looking for a news source that does not have a political agenda. One that is not edited by the ...
  A: Charlotte, I'm not familiar with "Night Rider," but I don't think there is even the possibility of ...
help12/22/2008Ed Buckner
  Q: If I'm 16 and my boyfriend is 21 can my parent press charges on him if i don't want them to?? ...
  A: I don't know the answers to your questions, but they are certainly important. That's why I wrote, ...
help12/22/2008Ed Buckner
  Q: If I'm 16 and my boyfriend is 21 can my parent press charges on him if i don't want them to??
  A: I'm not really an expert on this, but I know a little about it. The age of consent--the age when ...
What would happen12/20/2008Ed Buckner
  Q: I'm sixteen, almost seventeen and my boyfriend is 21 and will be 22 shortly after i turn 17. we ...
  A: I'm not really an expert on this, but I know a little about it. The age of consent--the age when ...
first amendment12/12/2008Michael Troy
  Q: How and why are the rights to assemble, petition, and associate related to one another and to ...
  A: The right of citizens to assemble and petition government are protected by the First Amendment. ...
American Government12/1/2008Michael Troy
  Q: What public policy issue was the most important factor in winning the Presidential election? Do ...
  A: I'm not sure this has anything to do with the First Amendment, but I'll give it a shot. In the last ...
First Amendent11/28/2008Ed Buckner
  Q: Would a elementary public school teacher have the right to wear an ash cross on her forehead as part ...
  A: I don't know if any court has actually ruled on this or on something similar enough to be sure it ...
Teacher slanders student11/8/2008Ed Buckner
  Q: A Georgia HS teacher recently accused a student in that HS of initiating an online group that ...
  A: I'm not an attorney and don't know the laws on slander or libel well enough to know whether they ...
First Amendment11/7/2008Ed Buckner
  Q: I have written an article for my local newspaper on gay rights. The editor is attempting to get me ...
  A: It almost certainly is not. Editors of newspapers have a right to edit--to insist on rewrites, etc. ...
Violations?11/7/2008Michael Troy
  Q: Could you please give me as much information as possible about violations of the first amendment and ...
  A: There are whole books that address this question, which really cannot be answered in a short answer ...
Wearing a campaign T-shirt at a public elementary school11/7/2008Michael Troy
  Q: 1) I volunteer at my kids' (public) elementary school. I went to do some of my volunteer work, ...
  A: Even if not an employee, your work as a volunteer could still be perceived as attributable to the ...
Wearing a campaign T-shirt at a public elementary school11/6/2008Michael Troy
  Q: 1) I volunteer at my kids' (public) elementary school. I went to do some of my volunteer work, ...
  A: Please keep in mind that I cannot provide individual legal advice in this forum. That can only be ...
dating minors teens underage11/5/2008Ed Buckner
  Q: hi im wondering is it illegal to dat a 19 male if i am a 16 female in michign
  A: I'm not really an expert on this and I'm not an attorney, but I know a little about it. The age of ...
Political Correctness10/29/2008Ed Buckner
  Q: Why do so many people push for first amendment rights while at the same time campaign for "political ...
  A: Perhaps some do engage in such hypocrisy--but most who work to protect the first amendment rights of ...
First Amendment Protection10/23/2008Michael Troy
  Q: I would like to post a web site factually criticizing the family court judges treatment of men in ...
  A: Please keep in mind that I cannot provide specific legal advice in this forum. That can only be ...
Political signs10/22/2008Michael Troy
  Q: I have read your information on yard signs, however, I have a poster in my house at the window. The ...
  A: Typically, courts consider a homeowner's association to be a private entity, not a government. ...
Protest Against Iraq War10/21/2008Ed Buckner
  Q: I apologize if this is not your field, but I thought I'd at least give this a try. I understand ...
  A: Alas, you're right--it isn't my field, and I don't know of any examples. One thing to keep in mind ...

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1st Amendment and Free Speech

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Michael Troy

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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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