Governmental Entities and Activities
The Attorney General’s Commission on Pornography in 1986 recommended ways
to halt the spread of pornography. Critics said some of the recommendations
violated the First Amendment.
First Amendment freedoms of speech and press would be severely diminished if the government could conceal vital information about its functioning. This was a primary impetus behind the Freedom of Information Act of 1966, which provided public access to many governmental documents. In 2022 and 2023, Congress adopted similar legislation in its Consolidated Appropriations Acts, which
During his second term, President Donald Trump has exerted influence on higher educational institutions. He has cut federal grants and sought to limit student visas. He has imposed financial penalties on those he says have violated federal policies related to diversity, equity, and inclusion policies, have failed to protect Jewish students, or have given platforms
The Court has ruled that some laws passed by Congress violate the First
Amendment. Some congressional investigations have raised questions about
the right of association.
Cold War-era congressional investigations led to the Court recognizing the
First Amendment right of an individual to refuse to answer questions about
past associations.
Some lawmakers have proposed amendments that would change provisions in the
First Amendment, but to date, no such amendment has summoned enough support
to pass.
The Library of Congress, which Congress founded in 1800 when John Adams was president, has been described as the nation’s “oldest federal cultural institution” (Italie 2025). In addition to being the world’s largest library with more than 100 million books, it has vast archives about the nation’s history and is primarily open to adult researchers. Thomas Jefferson
The Smithsonian Institution is highly regarded throughout the world. Visits to Smithsonian museums are often a highlight of tours to the nation’s capital. Established by a bequest of an English scientist James Smithson in 1846, the institution now includes numerous museums and related institutions including the National Zoo, with admission to most of them being free.
Fighting foreign disinformation operations in America collided with fear of
government control of information in the Department of Homeland Security’s
short-lived Disinformation Governance Board.
When the First Amendment was ratified, it did not eliminate established
churches in states where they existed. Eventually, all established churches
were disestablished.
FBI covert surveillance has created First Amendment controversy, as critics
have accused it of political repression against those who criticize the
government.
The FCC regulates scarce communications frequencies “in the public
interest.” Its power to regulate indecent programming has engendered First
Amendment controversy.
By controlling an overcrowded radio spectrum, the Federal Radio Commission,
established in 1927, preserved First Amendment freedoms for listeners and
broadcasters.
The Federal Theatre Project strived to embody the First Amendment through
their uncensored works. However, some of their productions were censored
and investigated by Congress.
The Federal Trade Commission regulates monopolies and stops unfair and
deceptive business practices. Its regulation implicates First Amendment
free expression.
Federalism distributes power between national and state governments. The
relation between federalism and the First Amendment has important
dimensions involving political theory.
The Food and Drug Administration’s regulatory authority has been at the
center of several cases revolving around the First Amendment protection of
commercial speech.
The House Un-American Activities Committee took a prominent role in
investigating communist activity. Its critics contend that it trampled
First Amendment rights.
Article I, Section 2, Clause 3, of the U.S. Constitution provides that states shall be represented in the U.S. House of Representatives according to population, which shall be determined by a census held every 10 years. Although the Constitution does not mandate that states be divided into separate districts to elect members of the House,
Libraries protect the right to receive information, a concept in First
Amendment jurisprudence that can protect against some book banning and
Internet filtering.
President Lyndon Johnson’s task force on communication policy was a
response to potential First Amendment problems with the new technologies of
satellite communication.
The First Amendment’s free speech guarantees have sometimes been used to
challenge Securities and Exchange Commission regulations of communications
about securities.
The term star chamber refers pejoratively to any secret meeting held by a
judicial body. The First Amendment supports the right of the public to
attend criminal trials.
Like the proverbial trials and tribulations of the Ancient Mariner or the Flying Dutchman, the Voice of America seems destined to sail the boundless sea of government bureaucracy, without ever finding a quiet port. Or perhaps Odysseus is a better analogy: What started as a short trip homeward turned into an almost never-ending journey. Although at