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Asked & Answered

A&A: Free speech and advocating illegal drugs

firstamendment June 14, 2009

Q: I intend to run a social networking site with a general focus on marijuana.  The site will allow open forum discussion, web logs & media uploads by its members.  Because marijuana is a controlled substance in the U.S. and I will be running the site from with in the U.S., could I encounter any legal difficulties directly related to freedom of speech? A: The First Amendment (and the California Constitution) protect individuals against government

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A&A: Controversial art in public spaces

firstamendment June 14, 2009

Q: A recent art exhibit in the lobby of a city hall for the Chinese New Year was removed because it was considered inflammatory. The work in question juxtaposed a portrait of Mao Zedong and George Washington a la Andy Warhol. The other artists whose work appeared in the exhibit took down their work in protest of the removal of the Mao/Washington piece. Was this a violation of the artists’ first amendment rights? A: Although

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A&A: Protesting on school grounds

firstamendment June 14, 2009

Q: Can I protest in front of a school about school practices or policies? For example, have a banner or sign that read’s “[This] high school left my kid behind! and stand in the front of the school near where kids are dropped off or picked up so their parents are aware. Can I pass out flyers on the subject? A: Sidewalks, streets, and parks are generally considered public fora.  See ACLU v. City of

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A&A: Student ID Tags

FAC June 14, 2009

Q: I have a freshman and a senior student at the public High School. For approx. the last two years the district has required them to wear ID Tags around their necks at all times while on campus. While I realize that the district is doing this for safety issues I do not agree with the process in which it is enforced. Recently, our senior son went to the office to obtain a “change of

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A&A: Can I file for defamation?

firstamendment June 14, 2009

Q: Can I file for defamation against a co-worker who often call me gay, crook and maniac in front of my co-workers? A: Generally speaking, under California law, slander is a false statement made to a third person that charges a person with crime, imputes him with having an infectious or loathsome disease, tends to injure him with respect to his business or trade (either by imputing to him general disqualification in those respects which

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