How do you file freedom of speech suit?

Answer 1

Look up the ACLU via Google, or the phone book, to see if there is a local branch you may call. Their website is www.aclu.org. Then tell them what happened. Odds are they will tell you that you don't have a law suit based on any freedom of speech right. That is because there is no general right to freedom of speech in any country, including the United States of America. The idea that the First Amendment to the Constitution of the United States of America provides some sort of general right to freedom of speech is one of the most widely pervasive myths currently circulating. In fact, if you were to ask anyone, other than a lawyer, to name a situation from public events in which someone's protected freedom of speech rights were violated, almost every single answer they would give would have nothing to do the any protected right to freedom of speech. For example, the First Amendment rights of Carrie Prejean, the former Miss California, have not been violated. Lets assume, for sake of argument, that she is telling the truth about why she was fired. She has stated that she was fired by a company for expressing her views regarding marriage & same sex couples. If a company wishes to fire someone for expressing their views regarding marriage & same sex couples, there is absolutely no violation of the First Amendment. Another example, almost identical to the first, would be the firing of Don Imus. He was fired by the broadcasting company which employed him because they had been receiving alot of bad press in response to some racially and sexually insensitive remarks he had said on the air. No one from any government, or from any governmental organization, was involved. Therefore, his First Amendment rights were never implicated. The only violation I can think of off the top of my head would be provided by what are called whistle blower laws. Take, for example, the plot from any of those lawyer movies, such as The Rainmaker, or Erin Brockovich. If an employer fired one of its employees for reporting to the EPA or the FDA what that employee reasonably believed to be a dangerous pollutant, then that employee would be well advised to sue for wrongful discharge. Generally speaking, the First Amendment is implicated if and only if a government, or someone acting under color of law such as a police officer, or a governmental body such as a public school, acts in a way that restricts someone from expressing their view. Even in those cases, the arrest, citation or restriction based upon some rule or regulation will most likely be determined to be content neutral. If it is content neutral, it must be determined whether the restriction addressed "expressive conduct" such as a prohibition of the burning of the American flag. If not, it must be determined whether the restriction addressed speech in a public forum. If not, it must be determined whether the restriction constituted a prior restraint. If not, it must be determined whether the restriction was vague. If not, it must be determined whether the restriction was over broad. If not, then it is likely that the First Amendment has not been violated. Occasionally, a non-governmental person acts in a manner that implicates another's First Amendment rights. For instance, if the owner of a shopping mall decided to permit the members of a group onto the mall grounds to speak for or against some issue, then that mall owner has turned the mall into a public forum. If the members of another group wanted access to the mall to speak for or against their favorite issue, the mall owner would be well advised not to deny them access. Regardless of what I say, please take the time to talk to an authority on the subject such as the ACLU, or an attorney from the phone book. If you wish, please feel free to click on the link to the ACLU's website which you can find below under Related Links. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. ----