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Telemarketing Assoc., Inc. upheld an Illinois telemarketing anti-fraud law against claims that it was a form of prior restraint, affirming consumer protection against misrepresentation was a valid government interest justifying a free speech exception for false claims made in that context. The 2012 decision United States v.
A Distant Heritage: The Growth of Free Speech in Early America. New York: New York University Press, 1995. Godwin, Mike (1998). Cyber Rights: Defending Free Speech in the Digital Age. New York: Times Books. ISBN 0-8129-2834-2. Rabban, David M. (1999). Free Speech in Its Forgotten Years, 1870–1920. New York: Cambridge University Press.
Despite the common misconception that the First Amendment prohibits anyone from limiting free speech, [4] the text of the amendment prohibits only the federal government, the states and local governments from doing so. [316] State constitutions provide free speech protections similar to those of the U.S. Constitution.
In essence, Free Speech Zones prevent a person from having complete mobility as a consequence of their exercising their right to speak freely. Courts have accepted time, place, and manner restrictions on free speech in the United States, but such restrictions must be narrowly tailored, and free speech zones have been the subject of lawsuits.
The silver lining of America's free speech worries
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
Eric Barendt has called this defence of free speech on the grounds of democracy "probably the most attractive and certainly the most fashionable free speech theory in modern Western democracies". [25] Thomas I. Emerson expanded on this defence when he argued that freedom of speech helps to provide a balance between stability and change.
Read below for the full text of Lincoln's address: Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition ...