Pennsylvania Jury Instruction - 2.2.1 First Amendment Claim Prisoner Alleging Denial Of Access To Courts
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United States, 156 U.S. 51, 102 (1895) (holding that, while juries are finders of fact, 'it is the duty of juries in criminal cases to take the law from the court and apply that law to the facts as they find them'), courts have consistently recognized that jurors have no right to nullify.? U.S. v.
Thus, to demonstrate a First Amendment violation, a citizen plaintiff must provide evidence showing that ?by his actions [the defendant] deterred or chilled [the plaintiff's] political speech and such deterrence was a substantial or motivating factor in [the defendant's] conduct.? Id.
Under the First Amendment, speakers do not have a right to communicate serious threats of bodily injury or death to others, incite imminent lawless action where that action is likely to occur, or conspire to commit criminal acts.
The First Amendment provides that ?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.? 34 Setting ...
The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.
It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances.