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The case raises fundamental questions about the scope of the First Amendment.
Mr. Risen's case could provide clarity — one way or the other — about the scope of the First Amendment's protections to reporters.
But he said the Supreme Court had no "freewheeling authority to declare new categories of speech outside the scope of the First Amendment".
Out on His Own Mr. Lewis often parted ways with his colleagues in the press and the lawyers who represented them in his understanding of the scope of the First Amendment.
One question raised in the case is whether a computer program is more like a list of instructions -- traditionally protected by the First Amendment -- or a machine that simply happens to be built with speech, which would not fall under the scope of the First Amendment.
The Court extended the scope of the First Amendment to libel law and held that, even if a citizen stated or a newspaper published criticism about a public official that was incorrect, that mistake could be punished as libel only if the critic knew or suspected that the criticism was false.
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Now we are all seeing the scope of the second.
There is hope that the Supreme Court may be prepared to narrow the scope of the third-party doctrine.
Deputy attorney general James Cole defended the bulk collection of Americans' phone records as outside the scope of the fourth amendment's protections against unreasonable searches and seizures.
Officers are taught to use all the tricks and lies that courts permit within the scope of the Fifth Amendment's shield against self-incrimination.
Since the Heller and McDonald cases, the supreme court has dodged several opportunities to further clarify the scope of the second amendment, prompting questions among legal observers about whether the court had become gun-shy.
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