03/28/2026
STUDENTS: do you know your first amendment rights?
DISCLAIMER: TPF are not lawyers! None of this is legal advice!
What is the First amendment? "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
These rights apply to all US RESIDENTS, not just citizens.
What is freedom of speech? You are free to say what you want without legal consequences, unless it isβ¦
- Fighting words: Insults, curses, or slurs used with intent to intimidate or provoke action. Offensiveness alone does not constitute fighting words (i.e. Street vs New York, 1969). Speaking critically of someone who made their living spewing hate is NOT fighting words.
Other examples of speech not protected by the first amendment:
- Hate speech
- Threats or incitement of violence
- Harassment
Fun Fact! You can record anything from a distance on ETSU grounds as long as itβs not with intent to bully or harass (but ALWAYS check with your Dean of Students!)
What is freedom of press? The press can publish whatever they want without criminal prosecution unless itβs considered treason (though you CAN be sued!!). According to the Constitution, the government CANNOT censor the press (even though they have and still do so frequently...)
Right to Peaceful Assembly: The government should not break up peaceful assemblies, especially with violence and lethal force.
Right to Petition: You have the right to petition your representatives via email or phone. They must have easy and accessible ways for the public to contact their offices.