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onenote

(42,383 posts)
10. Agreed
Mon Feb 11, 2013, 05:27 PM
Feb 2013

From a post in another thread on this, here are some examples of some cases this amendment would reverse:

NAACP v. Claiborne Hardware: holding that NAACP (a corporate entity) was protected by the First Amendment and could not be sued for damages for organizing a boycott against Claiborne Hardware.

NY Times v. US: holding that the NY Times could not be prevented from publishing the Pentagon Papers.

Flynt v. Hustler: holding that Hustler magazine could not be sued for running a satirical ad that allegedly caused Jerry Falwell to suffer "emotional distress"

Times Film Corp. v. Chicago : striking down a Chicago law that required movie companies to submit their movies to a government agency for review before they could be shown.

Kingsley Int'l Pictures Corp v. Regents of the University of the State of New York: striking down a law that made it unlawful to show a motion picture whose "subject matter is adultery presented as being right and desirable for certain people"

Some other situations that would be allowed by the amendment:

The break in of the Democratic National HQ at the Watergate could have been accomplished lawfully since the DNC would not be protected against unreasonable, warrantless searches and seizures. (Indeed, the government could, without warrant or cause, seize all of the records of DU, or MoveOn or the teachers union). Any information you share with a corporation (purchases, memberships, etc etc) -- you have no privacy expectation if you share it with a corporation that has no constitutional protection against unreasonable searches and seizures.

Planned Parenthood providing information about birth control or your local pharmacy selling condoms or birth control pills? Could be banned. As an individual you would have the right to possess such information and/or use birth control -- you just couldn't get it from a corporate entity or someone working for a corporate entity.

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