what are some responses that could be made to the first amendment as it relates to bullying
Beginning Amendment Resources | Statements & Cadre Documents | Publications & Guidelines
"Congress shall make no constabulary respecting an establishment of religion, or prohibiting the costless do thereof; or abridging the liberty of voice communication, or of the press; or the right of the people peaceably to gather, and to petition the Authorities for a redress of grievances." First Subpoena of the U.S. Constitution passed past Congress September 25, 1789. Ratified December 15, 1791.
One of the 10 amendments of the Pecker of Rights, the Kickoff Amendment gives everyone residing in the United States the right to hear all sides of every event and to brand their own judgments almost those issues without regime interference or limitations. The First Amendment allows individuals to speak, publish, read and view what they wish, worship (or not worship) as they wish, associate with whomever they choose, and gather together to ask the government to make changes in the law or to correct the wrongs in society.
The right to speak and the right to publish under the Outset Subpoena has been interpreted widely to protect individuals and society from government attempts to suppress ideas and data, and to prevent government censorship of books, magazines, and newspapers as well as art, moving picture, music and materials on the net. The Supreme Courtroom and other courts have held conclusively that in that location is a Showtime Amendment right to receive information as a corollary to the right to speak. Justice William Brennan elaborated on this point in 1965:
"The protection of the Bill of Rights goes beyond the specific guarantees to protect from Congressional abridgment those every bit fundamental personal rights necessary to brand the express guarantees fully meaningful.I recollect the right to receive publications is such a fundamental right.The dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would exist a arid marketplace of ideas that had only sellers and no buyers." Lamont five. Postmaster Full general, 381 U.S. 301 (1965).
The Supreme Courtroom reaffirmed that the right to receive information is a cardinal correct protected under the U.S. Constitution when it considered whether a local school lath violated the Constitution by removing books from a school library. In that decision, the Supreme Courtroom held that "the right to receive ideas is a necessary predicate to the recipient's meaningful do of his ain rights of speech, press, and political freedom." Board of Education v. Pico, 457 U.S. 853 (1982)
Public schools and public libraries, as public institutions, have been the setting for legal battles about student access to books, the removal or retention of "offensive" material, regulation of patron behavior, and limitations on public access to the internet. Restrictions and censorship of materials in public institutions are nigh ordinarily prompted past public complaints about those materials and implemented by government officials mindful of the importance some of their constituents may place on religious values, moral sensibilities, and the desire to protect children from materials they deem to be offensive or inappropriate. Directly or indirectly, ordinary individuals are the driving force behind the challenges to the freedom to access information and ideas in the library.
The First Amendment prevents public institutions from compromising individuals' Starting time Subpoena freedoms past establishing a framework that defines disquisitional rights and responsibilities regarding complimentary expression and the freedom of belief. The Showtime Amendment protects the correct to exercise those freedoms, and it advocates respect for the correct of others to do the aforementioned. Rather than engaging in censorship and repression to advance i's values and beliefs, Supreme Court Justice Louis Brandeis counsels persons living in the United States to resolve their differences in values and belief by resort to "more speech, not enforced silence."
Past virtue of the Fourteenth Subpoena, the Kickoff Amendment's constitutional right of free speech and intellectual freedom also applies to land and local governments. Government agencies and government officials are forbidden from regulating or restricting speech or other expression based on its content or viewpoint. Criticism of the government, political dissatisfaction, and advocacy of unpopular ideas that people may observe distasteful or against public policy are near always protected by the First Amendment. Simply that expression that is shown to vest to a few narrow categories of spoken language is not protected by the First Subpoena. The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertisement, true threats, and fighting words. Deciding what is and is not protected speech is reserved to courts of law.
The First Subpoena only prevents government restrictions on speech. Information technology does non prevent restrictions on speech imposed by individual individuals or businesses. Facebook and other social media tin regulate or restrict speech hosted on their platforms because they are private entities.
Offset Amendment Resources
Clauses of the Get-go Subpoena | The National Constitution Center
First Amendment FAQ | Freedom Forum
Freedom of Religion, Speech, Press, Assembly, and Petition: Common Interpretations and Matters for Debate | National Constitution Center
First Subpoena - Religion and Expression | FindLaw
What is Censorship?
Censorship is the suppression of ideas and information that some individuals, groups, or regime officials observe objectionable or dangerous. Would-be censors try to utilise the power of the state to impose their view of what is truthful and appropriate, or offensive and objectionable, on everyone else. Censors pressure public institutions, similar libraries, to suppress and remove information they judge inappropriate or dangerous from public admission, so that no ane else has the chance to read or view the cloth and make up their own minds about it. The censor wants to prejudge materials for everyone. It is no more than complicated than someone saying, "Don't let anyone read this book, or purchase that mag, or view that pic, because I object to it!"
"Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment." — Article 3, Library Nib of Rights
ALA Statements and Policies on Censorship
Challenged Resources: An Interpretation of the Library Bill of Rights (2019)
A challenge is an attempt to remove or restrict materials, based upon the objections of a person or grouping. A banning is the removal of those materials. Challenges do non but involve a person expressing a point of view; rather, they are an attempt to remove material from the curriculum or library, thereby restricting the admission of others. ALA declares as a matter of firm principle that information technology is the responsibility of every library to take a clearly divers written policy for collection evolution that includes a procedure for review of challenged resources.
Labeling Systems: An Interpretation of the Library Pecker of Rights (2015)
The American Library Association affirms the rights of individuals to course their own opinions nearly resource they choose to read, view, mind to, or otherwise admission. Libraries do not advocate the ideas establish in their collections or in resources accessible through the library. The presence of books and other resources in a library does not indicate endorsement of their contents past the library. Likewise, providing access to digital information does not indicate endorsement or approval of that information by the library. Labeling systems present singled-out challenges to these intellectual liberty principles.
Rating Systems: An Interpretation of the Library Beak of Rights (2019)
Libraries, no matter their size, contain an enormous wealth of viewpoints and are responsible for making those viewpoints available to all. Still, libraries practise non advocate or endorse the content found in their collections or in resources made accessible through the library. Rating systems appearing in library public admission catalogs or resource discovery tools present distinct challenges to these intellectual liberty principles. Q&A on Labeling and Rating Systems
Expurgation of Library Materials: An Estimation of the Library Bill of Rights (2014)
Expurgating library materials is a violation of the Library Bill of Rights. Expurgation as defined by this interpretation includes whatsoever deletion, excision, alteration, editing, or obliteration of any part(s) of books or other library resources by the library, its agent, or its parent institution (if whatsoever).
Restricted Access to Library Materials: An Interpretation of the Library Nib of Rights (2014)
Libraries are a traditional forum for the open exchange of information. Attempts to restrict admission to library materials violate the basic tenets of the Library Bill of Rights.
Complete list of Library Nib of Rights Interpretations
Cadre Documents
Library Bill of Rights (1939)
Adopted by ALA Quango, the Articles of the Library Pecker of Rights are unambiguous statements of basic principles that should govern the service of all libraries. (printable pamphlets)
Freedom to Read Argument (1953)
A collaborative argument past literary, publishing, and censorship organizations declaring the importance of our constitutionally protected right to admission data and affirming the need for our professions to oppose censorship.
Libraries: An American Value (1999)
Adopted by ALA Council, this brief argument pronounces the distinguished place libraries hold in our society and their core tenets of access to materials and variety of ideas.
Guidelines
Guidelines for Library Policies (2019)
Guidelines for librarians, governing authorities, and other library staff and library users on how ramble principles use to libraries in the United States.
Intellectual Freedom and Censorship Q&A (2007)
Social Media Guidelines for Public and Bookish Libraries (2018)
These guidelines provide a policy and implementation framework for public and academic libraries engaging in the use of social media.
Publications
Intellectual Freedom Manual (2021)
Edited by Martin Garnar and Trina Magi with ALA'southward Part for Intellectual Freedom
The 10th edition manual is an indispensable resource for twenty-four hour period-to-24-hour interval guidance on maintaining complimentary and equal access to data for all people
Journal of Intellectual Liberty and Privacy (2016 - present)
Edited by Shannon Oltmann with ALA'southward Office for Intellectual Freedom
Published quarterly, JIFP offers articles related to intellectual liberty and privacy, both in libraries and in the wider world.
Truthful Stories of Censorship Battles in America's Libraries (2012)
By Valerie Nye and Kathy Barco
This book is a collection of accounts from librarians who have dealt with censorship in some course. Divided into seven parts, the book covers intralibrary censorship, child-oriented protectionism, the importance of building strong policies, experiences working with sensitive materials, public debates and controversies, criminal patrons, and library displays.
Across Banned Books: Defending Intellectual Liberty throughout Your Library (2019)
By Kristin Pekoll with ALA's Office for Intellectual Liberty
A level-headed guide that uses specific example studies to offering practical guidance on safeguarding intellectual freedom related to library displays, programming, and other librarian-created content.
Lessons in Censorship: How Schools and Courts Subvert Students' Showtime Amendment Rights (2015)
Past Catherine J. Ross
Lessons in Censorship highlights the troubling and growing trend of schools to clamp downwards on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free voice communication. Throughout, Ross proposes ways to protect free expression without disrupting education.
Assistance and Consultation
The staff of the Office for Intellectual Freedom is available to reply questions or provide aid to librarians, trustees, educators, and the public about the Commencement Amendment and censorship. Areas of aid include policy development, minors' rights, and professional ideals. Inquiries can be directed via email to oif@ala.org or via telephone at (312) 280-4226.
Updated October 2021
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Source: https://www.ala.org/advocacy/intfreedom/censorship
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