![]() ![]() 188, 378 N.W.2d 337, 358 (1985).Īs a result, the powerful protections afforded by the First Amendment do not prevent individuals from privately entering into agreements that restrict the speech rights of one or both parties to the agreement.Įmployment contracts, for instance, frequently forbid employees from publicizing their employers’ proprietary information. ![]() Likewise, the constitutions of the individual states “serve as limitations on the otherwise plenary power of state governments.” Woodland v. This is because “the fundamental nature of a constitution is to govern the relationship between the people and their government, not to control the rights of the people vis-a-vis each other.” Southcenter Joint Venture v. Specifically, it only applies to the government, and not to private parties. 74, 81 (1980) (recognizing California’s “sovereign right to adopt in its own Constitution individual liberties more expansive than those conferred by the Federal Constitution.”).Īs recent controversies have amply publicized, though, there is an important limitation on the First Amendment. Individual states can, though, enact protections greater than what is provided under federal law. Constitution, including freedom of speech. And, if there was any doubt, the 14th Amendment’s “incorporation doctrine” unequivocally prohibits state and local governments from taking actions or enacting legislation which would violate rights guaranteed by the U.S. Most state constitutions also protect freedom of speech.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |