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.
Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), is a landmark decision by the Supreme Court of the United States in which the Court held that parodies of public figures, even those intending to cause emotional distress, are protected by the First and Fourteenth Amendments to the U.S. Constitution.
In United States defamation law, actual malice is a legal requirement imposed upon public officials or public figures when they file suit for libel. Compared to other individuals who are less well known to the general public, public officials and public figures are held to a higher standard for what they must prove before they may succeed in a defamation lawsuit.
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation. The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, then not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant either knew the statement was false or recklessly disregarded whether it might be false. New York Times Co. v. Sullivan is frequently ranked as one of the greatest Supreme Court decisions of the modern era.
Freddie Lee Shuttlesworth was an American minister and civil rights activist who led fights against segregation and other forms of racism, during the civil rights movement. He often worked with Martin Luther King Jr., although they did not always agree on tactics and approaches.
The Montgomery Improvement Association (MIA) was formed on December 5, 1955 by black ministers and community leaders in Montgomery, Alabama. Under the leadership of Ralph Abernathy, Martin Luther King Jr. and Edgar Nixon, the MIA was instrumental in guiding the Montgomery bus boycott, a successful campaign that focused national attention on racial segregation in the South and catapulted King into the national spotlight.
Joseph Echols Lowery was an American minister in the United Methodist Church and leader in the civil rights movement. He founded the Southern Christian Leadership Conference with Martin Luther King Jr. and others, serving as its vice president, later chairman of the board, and its third president from 1977 to 1997. Lowery participated in most of the major activities of the civil rights movement in the 1950s and 1960s, and continued his civil rights work into the 21st century. He was called the "Dean of the Civil Rights Movement."
Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution.
Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.
Martin Garbus is an American attorney. He has argued cases throughout the country involving first amendment, constitutional, criminal, copyright, and intellectual property law. He has appeared before the United States Supreme Court, as well as trial and appellate courts throughout the United States in leading First Amendment cases. His cases have established precedents there and in other courts throughout the country. He has argued and written briefs that have been submitted to the United States Supreme Court; a number of which have resulted in changes in the law on a nationwide basis, including one described by Justice William J. Brennan as "probably the most important due process case in the Twentieth Century". An international observer in foreign elections, he was selected by President Jimmy Carter to observe and report on the elections in Venezuela and Nicaragua. Garbus also participated in drafting several constitutions and foreign laws, including the Czechoslovak constitution. He also has been involved in prisoner exchange negotiations between governments. He is the author of six books and over 30 articles in The New York Times, The Washington Post and the Los Angeles Times. Shouting Fire is a documentary film about his life and career. He received the Fulbright Award for his work on International Human Rights in 2010. In 2014, University College Dublin's Literary and Historical Society honored Garbus with the James Joyce Award for Excellence in Law. The same year Trinity College awarded him for his human rights and free speech work. He has represented dissidents in amongst other places such as China, Russia, Czechoslovakia, India, India, South Africa, and Taiwan.
The origins of the United States' defamation laws pre-date the American Revolution; one influential case in 1734 involved John Peter Zenger and established precedent that "The Truth" is an absolute defense against charges of libel. Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the U.S. Supreme Court failed to use it to rule on libel cases. This left libel laws, based upon the traditional "Common Law" of defamation inherited from the English legal system, mixed across the states. The 1964 case New York Times Co. v. Sullivan, however, radically changed the nature of libel law in the United States by establishing that public officials could win a suit for libel only when they could prove the media outlet in question knew either that the information was wholly and patently false or that it was published "with reckless disregard of whether it was false or not". Later Supreme Court cases barred strict liability for libel and forbade libel claims for statements that are so ridiculous as to be obviously facetious. Recent cases have added precedent on defamation law and the Internet.
Solomon Snowden Seay, Sr. was an American activist, religious leader, and memoirist.
William Robert Ming Jr. was an American lawyer, attorney with the National Association for the Advancement of Colored People (NAACP) and law professor at University of Chicago Law School and Howard University School of Law. He presided over the Freeman Field mutiny courts-martial involving the Tuskegee Airmen. He is best remembered for being a member of the Brown v. Board of Education litigation team and for working on a number of the important cases leading to Brown, the decision in which the United States Supreme Court ruled de jure racial segregation a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.
Time, Inc. v. Hill, 385 U.S. 374 (1967), is a United States Supreme Court case involving issues of privacy in balance with the First Amendment to the United States Constitution and principles of freedom of speech. The Court held 6–3 that the latter requires that merely negligent intrusions into the former by the media not be civilly actionable. It expanded that principle from its landmark defamation holding in New York Times v. Sullivan.
In United States constitutional law, false statements of fact are assertions, which are ostensibly facts, that are false. Such statements are not always protected by the First Amendment. Often, this is due to laws against defamation, that is making statements that harm the reputation of another. In those cases, freedom of speech comes into conflict with the right to privacy. Because it is almost impossible for someone to be absolutely sure that what they say is true, a party who makes a false claim isn't always liable. Whether such speech is protected depends on the situation. The standards of such protection have evolved over time from a body of Supreme Court rulings.
This is a timeline of the civil rights movement in the United States, a nonviolent mid-20th century freedom movement to gain legal equality and the enforcement of constitutional rights for people of color. The goals of the movement included securing equal protection under the law, ending legally institutionalized racial discrimination, and gaining equal access to public facilities, education reform, fair housing, and the ability to vote.
Harry Howard Wachtel was a New York lawyer and businessman who worked closely with Martin Luther King Jr., Clarence Benjamin Jones, and others within the Civil Rights Movement. Wachtel founded the Research Committee, an influential group within King's inner circle that advised King on political and social issues, and helped provide King and the movement with legal and financial connections.
Charles Swinger Conley was an American attorney, civil rights leader and Alabama's first Black judge of the Court of Common Pleas in Macon County. He served as attorney of record for Martin Luther King Jr., the Montgomery Improvement Association, the Southern Christian Leadership Conference and the Student Nonviolent Coordinating Committee.
Merton Roland "Rod" Nachman Jr (1923-2015) was the lawyer for the plaintiff in New York Times Co. v. Sullivan. He is best known for that case, which he lost, although he had actually appeared before the Supreme Court of the United States a decade earlier where he won. After his death, Montgomery Advertiser journalist Coke Ellington recalled his often saying that "The greatest thing I ever did for the Advertiser was to lose that case.". Later in life he was to often express the sentiment, reported by his family in his obituary that he "would rather be famous for a case he won rather than one he lost".
