freedom of speech is one right or freedom from the first amendment.
freedom of speech is one right or freedom from the first amendment.
what is one right or freedom from the first amendment?
freedom of speech
first amendment (disambiguation)









































the first amendment or amendment one/1 may refer to the:









































bullet::::- first amendment to the united states constitution, regarding freedom of speech, freedom of the press, religious freedom, freedom of assembly, and right to petition









































bullet::::- australian constitution alteration (senate elections) act, 1906, the first amendment to the australian constitution









































bullet::::- first amendment of the constitution of india, which amended several of the fundamental rights in india









































bullet::::- first amendment of the constitution of ireland, passed during world war ii, concerning the declaration of a national emergency
first amendment (disambiguation)
a second major criticism of the case is that the court did not clearly define what the first amendment violation was. the supreme court has a long-standing doctrine of not ruling on a statute's constitutionality if a case may be decided on statutory grounds. subsequently, the "beck" court's discussion of first amendment issues was perfunctory, acknowledging that there might be grounds for a first amendment challenge but refusing to discuss the issue further. this has generated confusion among legal scholars and workers as to what first amendment challenges may be brought. for example, critics have pointed out that a claim under the first amendment can only be brought when there is state action, as opposed to private action. the supreme court's early agency fee decisions ("hanson," "street," and "ellis") found that state action occurred under the railway labor act because the act prohibited union shops. yet, although the court went to great lengths to identify the similarities between the rla and nlra in "beck," the court (in "dicta") refused to decide whether state action had occurred under the nlra. legal scholars have pointed out that the "beck" court cited two cases which did find state action under the nlra, but did not make any determination in "beck." one scholar has concluded that the court's tests for determining state action are not useful enough to determine the issue. adding to the confusion is that the supreme court has never made it clear how to apply a first amendment analysis to labor law. the court and legal scholars point out that labor law is considered unique in the american statutory and constitutional framework, which may mean that traditional first amendment analyses do not apply. "[t]he court consistently has upheld the validity...of the labor act. in doing so, the court has repeatedly referred to the special nature of labor legislation to explain its unusual deference to a statute so incompatible with judicially developed constitutional norms." it may be that the court's existing standard for assessing government interference with speech (the strict scrutiny standard) is inappopriate to apply to labor law. many of these analyses conclude that the "beck" court should have clarified these issues, and absent such clarification the first amendment rights of workers remain unprotected.
communications workers of america v. beck