The First Amendment to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments of the U.S. Constitution for being the only one to repeal a prior amendment, as well as being the only amendment to have been ratified by state ratifying conventions.
McConnell v. Federal Election Commission, 540 U.S. 93 (2003), is a case in which the United States Supreme Court upheld the constitutionality of most of the Bipartisan Campaign Reform Act (BCRA), often referred to as the McCain–Feingold Act.
First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), is a U.S. constitutional law case which defined the free speech right of corporations for the first time. The United States Supreme Court held that corporations have a First Amendment right to make contributions to ballot initiative campaigns. The ruling came in response to a Massachusetts law that prohibited corporate donations in ballot initiatives unless the corporation's interests were directly involved.
Granholm v. Heald, 544 U.S. 460 (2005), was a court case decided by the Supreme Court of the United States in a 5–4 decision that ruled that laws in New York and Michigan that permitted in-state wineries to ship wine directly to consumers but prohibited out-of-state wineries from doing the same were unconstitutional. The case was unusual because the arguments centered on the rarely-invoked Twenty-First Amendment to the Constitution, ratified in 1933, which ended Prohibition in the United States.
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, 425 U.S. 748 (1976), was a case in which the United States Supreme Court held that a state could not limit pharmacists' right to provide information about prescription drug prices. This was an important case in determining the application of the First Amendment to commercial speech.
In law, commercial speech is speech or writing on behalf of a business with the intent of earning revenue or a profit. It is economic in nature and usually attempts to persuade consumers to purchase the business's product or service. The Supreme Court of the United States defines commercial speech as speech that "proposes a commercial transaction".
Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980), was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech violated the First Amendment of the United States Constitution. Justice Powell wrote the opinion of the court. Central Hudson Gas & Electric Corp. had challenged a Public Service Commission regulation that prohibited promotional advertising by electric utilities. Justice Brennan, Justice Blackmun, and Justice Stevens wrote separate concurring opinions, and the latter two were both joined by Justice Brennan. Justice Rehnquist dissented.
The Webb–Kenyon Act was a 1913 law of the United States that regulated the interstate transport of alcoholic beverages. It was meant to provide federal support for the prohibition efforts of individual states in the face of charges that state regulation of alcohol usurped the federal government's exclusive constitutional right to regulate interstate commerce.
The alcohol laws of Kansas are among the strictest in the United States, in sharp contrast to its neighboring state of Missouri, and similar to its other neighboring state of Oklahoma. Legislation is enforced by the Kansas Division of Alcoholic Beverage Control.
Bates v. State Bar of Arizona, 433 U.S. 350 (1977), was a United States Supreme Court case in which the Court upheld the right of lawyers to advertise their services. In holding that lawyer advertising was commercial speech entitled to protection under the First Amendment, the Court upset the tradition against advertising by lawyers, rejecting it as an antiquated rule of etiquette.
Florida Bar v. Went For It, Inc., 515 U.S. 618 (1995), was a United States Supreme Court case in which the Court upheld a state's restriction on lawyer advertising under the First Amendment's commercial speech doctrine. The Court's decision was the first time it did so since Bates v. State Bar of Arizona, 433 U.S. 350 (1977), lifted the traditional ban on lawyer advertising.
Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85 (1977), was a case in which the Supreme Court of the United States found that an ordinance prohibiting the posting of "for sale" and "sold" signs on real estate within the town violated the First Amendment to the United States Constitution protections for commercial speech.
Bigelow v. Virginia, 421 U.S. 809 (1975), was a United States Supreme Court decision that established First Amendment protection for commercial speech. The ruling is an important precedent on challenges to government regulation of advertising, determining that such publications qualify as speech under the First Amendment.
Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico, 478 U.S. 328 (1986), was a 1986 appeal to the Supreme Court of the United States to determine whether Puerto Rico's Games of Chance Act of 1948 is in legal compliance with the United States Constitution, specifically as regards freedom of speech, equal protection and due process. In a 5–4 decision, the Supreme Court held that the Puerto Rico government (law) could restrict advertisement for casino gambling from being targeted to residents, even if the activity itself was legal and advertisement to tourists was permitted. The U.S. Supreme Court affirmed the Puerto Rico Supreme Court conclusion, as construed by the Puerto Rico Superior Court, that the Act and regulations do not facially violate the First Amendment, nor did it violate the due process or Equal Protection Clauses of the Fourteenth Amendment.
McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995), is a case in which the Supreme Court of the United States held that an Ohio statute prohibiting anonymous campaign literature is unconstitutional because it violates the First Amendment to the U.S. Constitution, which protects the freedom of speech. In a 7–2 decision authored by Justice John Paul Stevens, the Court found that the First Amendment protects the decision of an author to remain anonymous.
Carey v. Population Services International, 431 U.S. 678 (1977), was a landmark decision of the U.S. Supreme Court in which the Court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives.
Konsumentombudsmannen v De Agostini (1997) C-34/95 is an EU law case, concerning the free movement of goods in the European Union.
Barr v. American Assn. of Political Consultants, Inc., 591 U.S. ___ (2020), was a United States Supreme Court case involving the use of robocalls made to cell phones, a practice that had been banned by the Telephone Consumer Protection Act of 1991 (TCPA), but which exemptions had been made by a 2015 amendment for government debt collection. The case was brought by the American Association of Political Consultants, an industry trade group, and others that desired to use robocalls to make political ads, challenging the exemption unconstitutionally favored debt collection speech over political speech. The Supreme Court, in a complex plurality decision, ruled on July 6, 2020, that the 2015 amendment to the TCPA did unconstitutionally favor debt collection speech over political speech and violated the First Amendment.
Peel v. Attorney Disciplinary Commission of Illinois, 496 US 91 (1990), was a decision of the Supreme Court of the United States that Illinois' rule against attorneys advertising themselves as "certified" violated their freedom of speech under the First Amendment. The Illinois Attorney Registration and Disciplinary Commission (IARDC) had found that Peel's letterhead, which stated that he was "Certified Civil Trial Specialist By the National Board of Trial Advocacy," had broken state professional rules, and the Illinois Supreme Court had adopted their recommendation of public sanction. The U.S. Supreme Court reversed, saying the letterhead was truthful, and the First Amendment favored disclosure over concealing information.
