Free Speech

Case - 564 U.S. 379

Parties: BOROUGH OF DURYEA, PENNSYLVANIA, et al., Petitioners v. CHARLES J. GUARNIERI

Date: 2011-06-20

Identifiers:

Opinions:

Segment Sets:

Paragraph: 58 - There is abundant historical evidence that "Petitions" were directed to the executive and legislative branches of government, not to the courts. In 1765, the Stamp Act Congress stated N226* [t]hat it is the right of the British subjects in these colonies to petition the King or either House of Parliament." Declaration of Rights and Grievances, Art. 13, reprinted in 1 B. Schwartz, The Bill of Rights: A Documentary History 195, 198 (1971); it made no mention of petitions directed to the courts. As of 1781, seven state constitutions protected citizens' right to apply or petition for redress of grievances; all seven referred only to legislative petitions. See Andrews, A Right of Access to Court Under the Petition Clause of the First Amendment: Defining the Right, 60 Ohio St. L. J. 557, 604-605, n. 159 (1999).

Notes:

  • N226* / quote / endorsement / Q0360 /

Preferred Terms:

  • (is) petitioning the government

Phrase match: the right of the British subjects

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/2000s/20110620.564.US.379.xml&keyword1=right of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 30 - In analogous cases under the Speech Clause, this Court has noted the N227* Constitution's special concern with threats to the right of citizens to participate in political affairs," Connick, supra, at 145, 103 S. Ct. 1684, 75 L. Ed. 2d 708, even though it is likely that, in this and any other age, most speech concerns purely private matters.

Notes:

  • N227* / quote / endorsement / Q0361 /

Preferred Terms:

  • (why is) Primacy of Political Speech

Phrase match: the right of citizens to participate

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/2000s/20110620.564.US.379.xml&keyword1=right of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 32 - The right to petition traces its origins to Magna Carta, which confirmed the right of barons to petition the King. W. McKechnie, Magna Carta: A Commentary on the Great Charter of King John 467 (rev. 2d ed. 1958). The Magna Carta itself was King John's answer to a petition from the barons.

Notes:

Preferred Terms:

  • (is) petitioning

Phrase match: the right of barons to petition

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/2000s/20110620.564.US.379.xml&keyword1=right of&wordsBefore=1&wordsAfter=3#m1

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Paragraph: 17 - Both speech and petition are integral to the democratic process, although not necessarily in the same way. The right to petition allows citizens to express their ideas, hopes, and concerns to their government and their elected representatives, whereas the right to speak fosters the public exchange of ideas that is integral to deliberative democracy as well as to the whole realm of ideas and human affairs. Beyond the political sphere, both speech and petition advance personal expression, although the right to petition is generally concerned with expression directed to the government seeking redress of a grievance.

Notes:

Preferred Terms:

  • (why is) deliberative democracy
  • (is) exchange of ideas
  • (is) expression of ideas
  • (is) personal expression
  • (why is) realm of ideas and human affairs

Phrase match: The right to petition allows citizens

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/2000s/20110620.564.US.379.xml&keyword1=right to&wordsBefore=1&wordsAfter=3#m1

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