The First Amendment of the Bill of Rights should be memorized by every writer.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Sadly, many know we have the right to Freedom of Speech, but they don't know what it means; hence, all the law cases decrying its lack or right to it.
Definition
It is the right to speak without restriction or censorship by the government. The Amendment affords one a protection from prosecution, imprisonment, or retaliation on the basis of you using your speech to criticize, reveal, or state items that you believe.
Example:
If I write an article revealing the love affairs of our presidential candidates (did that), and the information was true, they have no legal recourse, even if it costs them the election. Sort of like Swift Boat did with John Kerry. I can even give an opinion on why they have affairs and the benefits the woman receives, if any. Again, no there is no recourse. But if I knowingly made false statements about them, then my freedom of speech is in jeopardy. The reason is the word "knowingly."
When Donald Trump was going on and on about suing Rosie O'Donnell for saying he filed bankruptcy, he broke it down to He had not filed, but a case probably could not be made, since Trump is known for his personal branding. One of his companies, Trump Hotels & Casino Resorts, did file Chapter 11 due to $1.8 Billion in debt. So, Rosie should have clarified, but in reality it was an error.
On the other hand, had O'Donnell said it was Trumps fault or accused him of fraud or something; "The Donald" could have come after her. Why? She would have made a statement that she knew was untrue and it could cause him to lose money and his reputation.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Sadly, many know we have the right to Freedom of Speech, but they don't know what it means; hence, all the law cases decrying its lack or right to it.
Definition
It is the right to speak without restriction or censorship by the government. The Amendment affords one a protection from prosecution, imprisonment, or retaliation on the basis of you using your speech to criticize, reveal, or state items that you believe.
Example:
If I write an article revealing the love affairs of our presidential candidates (did that), and the information was true, they have no legal recourse, even if it costs them the election. Sort of like Swift Boat did with John Kerry. I can even give an opinion on why they have affairs and the benefits the woman receives, if any. Again, no there is no recourse. But if I knowingly made false statements about them, then my freedom of speech is in jeopardy. The reason is the word "knowingly."
When Donald Trump was going on and on about suing Rosie O'Donnell for saying he filed bankruptcy, he broke it down to He had not filed, but a case probably could not be made, since Trump is known for his personal branding. One of his companies, Trump Hotels & Casino Resorts, did file Chapter 11 due to $1.8 Billion in debt. So, Rosie should have clarified, but in reality it was an error.
On the other hand, had O'Donnell said it was Trumps fault or accused him of fraud or something; "The Donald" could have come after her. Why? She would have made a statement that she knew was untrue and it could cause him to lose money and his reputation.
- Freedom of Speech is First Amendment
- Libel is not Protected
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