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Can the President of the US limit First Amendment rights?


Can the Equal Rights Amendment still be ratified?12th Amendment and President and Vice Presidents from same statesDoesn't the 14th Amendment guarantee that anyone can run for president? Not just natural born citizens?Why do US local laws vary so much regarding the Second Amendment but so little regarding the First Amendment?Did Governor Cuomo suspend First Amendment rights?Why does the US Constitution mention freedom of the press in addition to freedom of speech?






.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;








5















The First Amendment to the US Constitution reads:




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. (Emphasis Mine)




Since the Amendment begins with the clause "Congress shall make no law...," does that mean the president is free to pass executive orders infringing on the specific rights enumerated? I'm reading it as as long as Congress doesn't pass the law, then violations are permissible, subject only to impeachment.










share|improve this question



















  • 1





    This isn't really relevant any more, but, until the passage of the 14th Amendment, individual states could limit free speech.

    – barrycarter
    7 hours ago






  • 1





    Also see Does the 1st Amendment restrict executive actions? at Law.

    – phoog
    7 hours ago












  • Note that the First Amendment certainly applies to judicial actions such as gag orders. I see no reason it should not apply to the executive branch.

    – Kevin
    7 hours ago

















5















The First Amendment to the US Constitution reads:




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. (Emphasis Mine)




Since the Amendment begins with the clause "Congress shall make no law...," does that mean the president is free to pass executive orders infringing on the specific rights enumerated? I'm reading it as as long as Congress doesn't pass the law, then violations are permissible, subject only to impeachment.










share|improve this question



















  • 1





    This isn't really relevant any more, but, until the passage of the 14th Amendment, individual states could limit free speech.

    – barrycarter
    7 hours ago






  • 1





    Also see Does the 1st Amendment restrict executive actions? at Law.

    – phoog
    7 hours ago












  • Note that the First Amendment certainly applies to judicial actions such as gag orders. I see no reason it should not apply to the executive branch.

    – Kevin
    7 hours ago













5












5








5








The First Amendment to the US Constitution reads:




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. (Emphasis Mine)




Since the Amendment begins with the clause "Congress shall make no law...," does that mean the president is free to pass executive orders infringing on the specific rights enumerated? I'm reading it as as long as Congress doesn't pass the law, then violations are permissible, subject only to impeachment.










share|improve this question














The First Amendment to the US Constitution reads:




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. (Emphasis Mine)




Since the Amendment begins with the clause "Congress shall make no law...," does that mean the president is free to pass executive orders infringing on the specific rights enumerated? I'm reading it as as long as Congress doesn't pass the law, then violations are permissible, subject only to impeachment.







united-states president constitution congress






share|improve this question













share|improve this question











share|improve this question




share|improve this question










asked 9 hours ago









Chris CudmoreChris Cudmore

1954 bronze badges




1954 bronze badges










  • 1





    This isn't really relevant any more, but, until the passage of the 14th Amendment, individual states could limit free speech.

    – barrycarter
    7 hours ago






  • 1





    Also see Does the 1st Amendment restrict executive actions? at Law.

    – phoog
    7 hours ago












  • Note that the First Amendment certainly applies to judicial actions such as gag orders. I see no reason it should not apply to the executive branch.

    – Kevin
    7 hours ago












  • 1





    This isn't really relevant any more, but, until the passage of the 14th Amendment, individual states could limit free speech.

    – barrycarter
    7 hours ago






  • 1





    Also see Does the 1st Amendment restrict executive actions? at Law.

    – phoog
    7 hours ago












  • Note that the First Amendment certainly applies to judicial actions such as gag orders. I see no reason it should not apply to the executive branch.

    – Kevin
    7 hours ago







1




1





This isn't really relevant any more, but, until the passage of the 14th Amendment, individual states could limit free speech.

– barrycarter
7 hours ago





This isn't really relevant any more, but, until the passage of the 14th Amendment, individual states could limit free speech.

– barrycarter
7 hours ago




1




1





Also see Does the 1st Amendment restrict executive actions? at Law.

– phoog
7 hours ago






Also see Does the 1st Amendment restrict executive actions? at Law.

– phoog
7 hours ago














Note that the First Amendment certainly applies to judicial actions such as gag orders. I see no reason it should not apply to the executive branch.

– Kevin
7 hours ago





Note that the First Amendment certainly applies to judicial actions such as gag orders. I see no reason it should not apply to the executive branch.

– Kevin
7 hours ago










4 Answers
4






active

oldest

votes


















8
















The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.



So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.




The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.



https://en.wikipedia.org/wiki/Executive_order#Basis_in_the_United_States_Constitution







share|improve this answer


































    2
















    The president can always try (so can Congress). But the problem is that the Supreme Court can always rule against the order if and when it becomes contested in court. And if the order blatantly violates freedom of speech, then the Supreme Court will almost certainly strike it down.



    In other words, the Supreme Court is the final judge of whether a law/order is unconstitutional. Let me add that the Supreme Court also decides whether or not this applies to the president's orders.



    What happens then if the Supreme Court is packed completely full of flunkies to the president? Then theoretically the Court might let the president do whatever he wants. But I think that's unlikely to happen, because any SC that did this would quickly lose any legitimacy as a court. And Justices care a lot about their legitimacy, because that's all the authority they have.






    share|improve this answer








    New contributor



    klojj is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.
















    • 2





      Getting to the unanswerable part... Would the "applies to Congress only..." argument be given due consideration by the court or would it be dismissed out of hand?

      – Chris Cudmore
      8 hours ago






    • 3





      Well, it's a little tricky, because technically the president has no power to make laws at all. That's the main reason why his office is not mentioned in this amendment. Orders are something different. But the whole point of having human judges is (ideally) to spot loopholes like this and make sure malicious office-holders can't exploit them to bad ends. That said, sometimes judges have really contorted themselves to justify ridiculous conclusions, so it really just depends on the judge(s).

      – klojj
      8 hours ago



















    2
















    One of the less discussed exceptions to the First Amendment is that the Government may restrict speech in it's capacity as an employer as if it was a private employer. That is to say that employees of the Executive Branch (the largest segment of federal employees, given that this includes the U.S. Military) are allowed to make reasonable restrictions on workplace speech and not violate the first amendment. Typically these are only enforceable when the speech is made while on duty or acting as a representative of the government. The military is highly restricted as they are technically 24/7 duty of all individuals.



    The Hatch Act is a good guide for some of the restrictions on speech that executive employees can not take part in (mostly it relates to political campaigns) and binds different departments differently. As a general rule, these bindings apply only to employees of the executive branch of government who are not elected (The President and Vice President) or directly appointed officers of the executive (i.e. any post that requires advice and consent of the United States Senate) as those roles are inherently political. Political campaigning on government equipment is not allowed in any branch (congress members are not allowed to e-mail campaign materials from computers purchased by tax dollars or ask their congressional staffers to do so.).






    share|improve this answer




















    • 1





      The military didn't have much to do with the fact that the executive branch is the largest employer. The proportion of civilian federal employees working for the executive branch is 97.6%.

      – phoog
      7 hours ago











    • It is, however, larger then any single government agency comparatively and the comment was meant to discount any employment in the Legislature and Judiciary. And my meaning was refering to the DOD, which is both mixed Military-Civilian employment, though the bulk is Military. It's not to suggest that the bulk of government employees are Military but that the single largest employer in the government is the military and is an executive department.

      – hszmv
      6 hours ago











    • Indeed, Wikipedia says it's the largest employer in the world. But even if you excluded civilian DoD employees, executive employees would far outnumber judicial and legislative employees. It's not that surprising, really.

      – phoog
      5 hours ago



















    1
















    The question highlights a common misconception as to what executive orders are. Executive orders are not regulations, rules or laws. Executive orders are a performance of the office as the chief law enforcer. With that in mind, what Executive orders are issued is to concentrate resources on enforcement existing laws or to remove resources from enforcing existing laws.



    An executive order cannot be issued in connection to laws that do not exist. For example, your question implies that a President can send out law enforcement to arrest people who violate some non-existent law that the President thinks up. Once the police arrest you and get you to go to court, there has to be a law that the arrestee violated. If the law does not exist, the judge will just sit there unable to inflict punishment.



    So the answer is No because there is no path for the President to make any law with punishment.



    That being said, there are bureaucracies that do exist that can make their own rules, exist outside presidential and congressional support and have teeth given to them by congress. That is the executive branch bureaucracies such as the EPA, FCC, USDA, etc. They can certainly eat away at the first amendment and have. If you worry about losing first amendment rights, that is where abuses are rampant.






    share|improve this answer



























    • Question: if an agency such as the FCC or the EPA makes a rule that infringes on a US citizen’s first amendment rights, is there something that prevents the US citizen from sueing appropriately? Shouldn’t a first amendment violation issued by any of these agencies be shot down by the Supreme Court? I’m not a US citizen or resident so please excuse my ignorance in this matter.

      – Jan
      7 hours ago











    • @Jan a citizen whose first amendment rights have been infringed by an executive agency can sue in federal district court. The court's decision can be appealed before the appropriate court of appeals, whose decision can be appealed before the supreme court. More likely, however, the citizen will exercise the right of free speech and then be sued by the agency for violating the regulation in question, the citizen using the first amendment as the basis for the defense. The power to make regulations is delegated by congress.

      – phoog
      7 hours ago














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    4 Answers
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    8
















    The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.



    So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.




    The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.



    https://en.wikipedia.org/wiki/Executive_order#Basis_in_the_United_States_Constitution







    share|improve this answer































      8
















      The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.



      So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.




      The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.



      https://en.wikipedia.org/wiki/Executive_order#Basis_in_the_United_States_Constitution







      share|improve this answer





























        8














        8










        8









        The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.



        So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.




        The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.



        https://en.wikipedia.org/wiki/Executive_order#Basis_in_the_United_States_Constitution







        share|improve this answer















        The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.



        So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.




        The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.



        https://en.wikipedia.org/wiki/Executive_order#Basis_in_the_United_States_Constitution








        share|improve this answer














        share|improve this answer



        share|improve this answer








        edited 8 hours ago

























        answered 8 hours ago









        divibisandivibisan

        3,25113 silver badges35 bronze badges




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            2
















            The president can always try (so can Congress). But the problem is that the Supreme Court can always rule against the order if and when it becomes contested in court. And if the order blatantly violates freedom of speech, then the Supreme Court will almost certainly strike it down.



            In other words, the Supreme Court is the final judge of whether a law/order is unconstitutional. Let me add that the Supreme Court also decides whether or not this applies to the president's orders.



            What happens then if the Supreme Court is packed completely full of flunkies to the president? Then theoretically the Court might let the president do whatever he wants. But I think that's unlikely to happen, because any SC that did this would quickly lose any legitimacy as a court. And Justices care a lot about their legitimacy, because that's all the authority they have.






            share|improve this answer








            New contributor



            klojj is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.
















            • 2





              Getting to the unanswerable part... Would the "applies to Congress only..." argument be given due consideration by the court or would it be dismissed out of hand?

              – Chris Cudmore
              8 hours ago






            • 3





              Well, it's a little tricky, because technically the president has no power to make laws at all. That's the main reason why his office is not mentioned in this amendment. Orders are something different. But the whole point of having human judges is (ideally) to spot loopholes like this and make sure malicious office-holders can't exploit them to bad ends. That said, sometimes judges have really contorted themselves to justify ridiculous conclusions, so it really just depends on the judge(s).

              – klojj
              8 hours ago
















            2
















            The president can always try (so can Congress). But the problem is that the Supreme Court can always rule against the order if and when it becomes contested in court. And if the order blatantly violates freedom of speech, then the Supreme Court will almost certainly strike it down.



            In other words, the Supreme Court is the final judge of whether a law/order is unconstitutional. Let me add that the Supreme Court also decides whether or not this applies to the president's orders.



            What happens then if the Supreme Court is packed completely full of flunkies to the president? Then theoretically the Court might let the president do whatever he wants. But I think that's unlikely to happen, because any SC that did this would quickly lose any legitimacy as a court. And Justices care a lot about their legitimacy, because that's all the authority they have.






            share|improve this answer








            New contributor



            klojj is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.
















            • 2





              Getting to the unanswerable part... Would the "applies to Congress only..." argument be given due consideration by the court or would it be dismissed out of hand?

              – Chris Cudmore
              8 hours ago






            • 3





              Well, it's a little tricky, because technically the president has no power to make laws at all. That's the main reason why his office is not mentioned in this amendment. Orders are something different. But the whole point of having human judges is (ideally) to spot loopholes like this and make sure malicious office-holders can't exploit them to bad ends. That said, sometimes judges have really contorted themselves to justify ridiculous conclusions, so it really just depends on the judge(s).

              – klojj
              8 hours ago














            2














            2










            2









            The president can always try (so can Congress). But the problem is that the Supreme Court can always rule against the order if and when it becomes contested in court. And if the order blatantly violates freedom of speech, then the Supreme Court will almost certainly strike it down.



            In other words, the Supreme Court is the final judge of whether a law/order is unconstitutional. Let me add that the Supreme Court also decides whether or not this applies to the president's orders.



            What happens then if the Supreme Court is packed completely full of flunkies to the president? Then theoretically the Court might let the president do whatever he wants. But I think that's unlikely to happen, because any SC that did this would quickly lose any legitimacy as a court. And Justices care a lot about their legitimacy, because that's all the authority they have.






            share|improve this answer








            New contributor



            klojj is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.









            The president can always try (so can Congress). But the problem is that the Supreme Court can always rule against the order if and when it becomes contested in court. And if the order blatantly violates freedom of speech, then the Supreme Court will almost certainly strike it down.



            In other words, the Supreme Court is the final judge of whether a law/order is unconstitutional. Let me add that the Supreme Court also decides whether or not this applies to the president's orders.



            What happens then if the Supreme Court is packed completely full of flunkies to the president? Then theoretically the Court might let the president do whatever he wants. But I think that's unlikely to happen, because any SC that did this would quickly lose any legitimacy as a court. And Justices care a lot about their legitimacy, because that's all the authority they have.







            share|improve this answer








            New contributor



            klojj is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.








            share|improve this answer



            share|improve this answer






            New contributor



            klojj is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.








            answered 8 hours ago









            klojjklojj

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            New contributor



            klojj is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.




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            Check out our Code of Conduct.












            • 2





              Getting to the unanswerable part... Would the "applies to Congress only..." argument be given due consideration by the court or would it be dismissed out of hand?

              – Chris Cudmore
              8 hours ago






            • 3





              Well, it's a little tricky, because technically the president has no power to make laws at all. That's the main reason why his office is not mentioned in this amendment. Orders are something different. But the whole point of having human judges is (ideally) to spot loopholes like this and make sure malicious office-holders can't exploit them to bad ends. That said, sometimes judges have really contorted themselves to justify ridiculous conclusions, so it really just depends on the judge(s).

              – klojj
              8 hours ago













            • 2





              Getting to the unanswerable part... Would the "applies to Congress only..." argument be given due consideration by the court or would it be dismissed out of hand?

              – Chris Cudmore
              8 hours ago






            • 3





              Well, it's a little tricky, because technically the president has no power to make laws at all. That's the main reason why his office is not mentioned in this amendment. Orders are something different. But the whole point of having human judges is (ideally) to spot loopholes like this and make sure malicious office-holders can't exploit them to bad ends. That said, sometimes judges have really contorted themselves to justify ridiculous conclusions, so it really just depends on the judge(s).

              – klojj
              8 hours ago








            2




            2





            Getting to the unanswerable part... Would the "applies to Congress only..." argument be given due consideration by the court or would it be dismissed out of hand?

            – Chris Cudmore
            8 hours ago





            Getting to the unanswerable part... Would the "applies to Congress only..." argument be given due consideration by the court or would it be dismissed out of hand?

            – Chris Cudmore
            8 hours ago




            3




            3





            Well, it's a little tricky, because technically the president has no power to make laws at all. That's the main reason why his office is not mentioned in this amendment. Orders are something different. But the whole point of having human judges is (ideally) to spot loopholes like this and make sure malicious office-holders can't exploit them to bad ends. That said, sometimes judges have really contorted themselves to justify ridiculous conclusions, so it really just depends on the judge(s).

            – klojj
            8 hours ago






            Well, it's a little tricky, because technically the president has no power to make laws at all. That's the main reason why his office is not mentioned in this amendment. Orders are something different. But the whole point of having human judges is (ideally) to spot loopholes like this and make sure malicious office-holders can't exploit them to bad ends. That said, sometimes judges have really contorted themselves to justify ridiculous conclusions, so it really just depends on the judge(s).

            – klojj
            8 hours ago












            2
















            One of the less discussed exceptions to the First Amendment is that the Government may restrict speech in it's capacity as an employer as if it was a private employer. That is to say that employees of the Executive Branch (the largest segment of federal employees, given that this includes the U.S. Military) are allowed to make reasonable restrictions on workplace speech and not violate the first amendment. Typically these are only enforceable when the speech is made while on duty or acting as a representative of the government. The military is highly restricted as they are technically 24/7 duty of all individuals.



            The Hatch Act is a good guide for some of the restrictions on speech that executive employees can not take part in (mostly it relates to political campaigns) and binds different departments differently. As a general rule, these bindings apply only to employees of the executive branch of government who are not elected (The President and Vice President) or directly appointed officers of the executive (i.e. any post that requires advice and consent of the United States Senate) as those roles are inherently political. Political campaigning on government equipment is not allowed in any branch (congress members are not allowed to e-mail campaign materials from computers purchased by tax dollars or ask their congressional staffers to do so.).






            share|improve this answer




















            • 1





              The military didn't have much to do with the fact that the executive branch is the largest employer. The proportion of civilian federal employees working for the executive branch is 97.6%.

              – phoog
              7 hours ago











            • It is, however, larger then any single government agency comparatively and the comment was meant to discount any employment in the Legislature and Judiciary. And my meaning was refering to the DOD, which is both mixed Military-Civilian employment, though the bulk is Military. It's not to suggest that the bulk of government employees are Military but that the single largest employer in the government is the military and is an executive department.

              – hszmv
              6 hours ago











            • Indeed, Wikipedia says it's the largest employer in the world. But even if you excluded civilian DoD employees, executive employees would far outnumber judicial and legislative employees. It's not that surprising, really.

              – phoog
              5 hours ago
















            2
















            One of the less discussed exceptions to the First Amendment is that the Government may restrict speech in it's capacity as an employer as if it was a private employer. That is to say that employees of the Executive Branch (the largest segment of federal employees, given that this includes the U.S. Military) are allowed to make reasonable restrictions on workplace speech and not violate the first amendment. Typically these are only enforceable when the speech is made while on duty or acting as a representative of the government. The military is highly restricted as they are technically 24/7 duty of all individuals.



            The Hatch Act is a good guide for some of the restrictions on speech that executive employees can not take part in (mostly it relates to political campaigns) and binds different departments differently. As a general rule, these bindings apply only to employees of the executive branch of government who are not elected (The President and Vice President) or directly appointed officers of the executive (i.e. any post that requires advice and consent of the United States Senate) as those roles are inherently political. Political campaigning on government equipment is not allowed in any branch (congress members are not allowed to e-mail campaign materials from computers purchased by tax dollars or ask their congressional staffers to do so.).






            share|improve this answer




















            • 1





              The military didn't have much to do with the fact that the executive branch is the largest employer. The proportion of civilian federal employees working for the executive branch is 97.6%.

              – phoog
              7 hours ago











            • It is, however, larger then any single government agency comparatively and the comment was meant to discount any employment in the Legislature and Judiciary. And my meaning was refering to the DOD, which is both mixed Military-Civilian employment, though the bulk is Military. It's not to suggest that the bulk of government employees are Military but that the single largest employer in the government is the military and is an executive department.

              – hszmv
              6 hours ago











            • Indeed, Wikipedia says it's the largest employer in the world. But even if you excluded civilian DoD employees, executive employees would far outnumber judicial and legislative employees. It's not that surprising, really.

              – phoog
              5 hours ago














            2














            2










            2









            One of the less discussed exceptions to the First Amendment is that the Government may restrict speech in it's capacity as an employer as if it was a private employer. That is to say that employees of the Executive Branch (the largest segment of federal employees, given that this includes the U.S. Military) are allowed to make reasonable restrictions on workplace speech and not violate the first amendment. Typically these are only enforceable when the speech is made while on duty or acting as a representative of the government. The military is highly restricted as they are technically 24/7 duty of all individuals.



            The Hatch Act is a good guide for some of the restrictions on speech that executive employees can not take part in (mostly it relates to political campaigns) and binds different departments differently. As a general rule, these bindings apply only to employees of the executive branch of government who are not elected (The President and Vice President) or directly appointed officers of the executive (i.e. any post that requires advice and consent of the United States Senate) as those roles are inherently political. Political campaigning on government equipment is not allowed in any branch (congress members are not allowed to e-mail campaign materials from computers purchased by tax dollars or ask their congressional staffers to do so.).






            share|improve this answer













            One of the less discussed exceptions to the First Amendment is that the Government may restrict speech in it's capacity as an employer as if it was a private employer. That is to say that employees of the Executive Branch (the largest segment of federal employees, given that this includes the U.S. Military) are allowed to make reasonable restrictions on workplace speech and not violate the first amendment. Typically these are only enforceable when the speech is made while on duty or acting as a representative of the government. The military is highly restricted as they are technically 24/7 duty of all individuals.



            The Hatch Act is a good guide for some of the restrictions on speech that executive employees can not take part in (mostly it relates to political campaigns) and binds different departments differently. As a general rule, these bindings apply only to employees of the executive branch of government who are not elected (The President and Vice President) or directly appointed officers of the executive (i.e. any post that requires advice and consent of the United States Senate) as those roles are inherently political. Political campaigning on government equipment is not allowed in any branch (congress members are not allowed to e-mail campaign materials from computers purchased by tax dollars or ask their congressional staffers to do so.).







            share|improve this answer












            share|improve this answer



            share|improve this answer










            answered 8 hours ago









            hszmvhszmv

            7,4672 gold badges12 silver badges29 bronze badges




            7,4672 gold badges12 silver badges29 bronze badges










            • 1





              The military didn't have much to do with the fact that the executive branch is the largest employer. The proportion of civilian federal employees working for the executive branch is 97.6%.

              – phoog
              7 hours ago











            • It is, however, larger then any single government agency comparatively and the comment was meant to discount any employment in the Legislature and Judiciary. And my meaning was refering to the DOD, which is both mixed Military-Civilian employment, though the bulk is Military. It's not to suggest that the bulk of government employees are Military but that the single largest employer in the government is the military and is an executive department.

              – hszmv
              6 hours ago











            • Indeed, Wikipedia says it's the largest employer in the world. But even if you excluded civilian DoD employees, executive employees would far outnumber judicial and legislative employees. It's not that surprising, really.

              – phoog
              5 hours ago













            • 1





              The military didn't have much to do with the fact that the executive branch is the largest employer. The proportion of civilian federal employees working for the executive branch is 97.6%.

              – phoog
              7 hours ago











            • It is, however, larger then any single government agency comparatively and the comment was meant to discount any employment in the Legislature and Judiciary. And my meaning was refering to the DOD, which is both mixed Military-Civilian employment, though the bulk is Military. It's not to suggest that the bulk of government employees are Military but that the single largest employer in the government is the military and is an executive department.

              – hszmv
              6 hours ago











            • Indeed, Wikipedia says it's the largest employer in the world. But even if you excluded civilian DoD employees, executive employees would far outnumber judicial and legislative employees. It's not that surprising, really.

              – phoog
              5 hours ago








            1




            1





            The military didn't have much to do with the fact that the executive branch is the largest employer. The proportion of civilian federal employees working for the executive branch is 97.6%.

            – phoog
            7 hours ago





            The military didn't have much to do with the fact that the executive branch is the largest employer. The proportion of civilian federal employees working for the executive branch is 97.6%.

            – phoog
            7 hours ago













            It is, however, larger then any single government agency comparatively and the comment was meant to discount any employment in the Legislature and Judiciary. And my meaning was refering to the DOD, which is both mixed Military-Civilian employment, though the bulk is Military. It's not to suggest that the bulk of government employees are Military but that the single largest employer in the government is the military and is an executive department.

            – hszmv
            6 hours ago





            It is, however, larger then any single government agency comparatively and the comment was meant to discount any employment in the Legislature and Judiciary. And my meaning was refering to the DOD, which is both mixed Military-Civilian employment, though the bulk is Military. It's not to suggest that the bulk of government employees are Military but that the single largest employer in the government is the military and is an executive department.

            – hszmv
            6 hours ago













            Indeed, Wikipedia says it's the largest employer in the world. But even if you excluded civilian DoD employees, executive employees would far outnumber judicial and legislative employees. It's not that surprising, really.

            – phoog
            5 hours ago






            Indeed, Wikipedia says it's the largest employer in the world. But even if you excluded civilian DoD employees, executive employees would far outnumber judicial and legislative employees. It's not that surprising, really.

            – phoog
            5 hours ago












            1
















            The question highlights a common misconception as to what executive orders are. Executive orders are not regulations, rules or laws. Executive orders are a performance of the office as the chief law enforcer. With that in mind, what Executive orders are issued is to concentrate resources on enforcement existing laws or to remove resources from enforcing existing laws.



            An executive order cannot be issued in connection to laws that do not exist. For example, your question implies that a President can send out law enforcement to arrest people who violate some non-existent law that the President thinks up. Once the police arrest you and get you to go to court, there has to be a law that the arrestee violated. If the law does not exist, the judge will just sit there unable to inflict punishment.



            So the answer is No because there is no path for the President to make any law with punishment.



            That being said, there are bureaucracies that do exist that can make their own rules, exist outside presidential and congressional support and have teeth given to them by congress. That is the executive branch bureaucracies such as the EPA, FCC, USDA, etc. They can certainly eat away at the first amendment and have. If you worry about losing first amendment rights, that is where abuses are rampant.






            share|improve this answer



























            • Question: if an agency such as the FCC or the EPA makes a rule that infringes on a US citizen’s first amendment rights, is there something that prevents the US citizen from sueing appropriately? Shouldn’t a first amendment violation issued by any of these agencies be shot down by the Supreme Court? I’m not a US citizen or resident so please excuse my ignorance in this matter.

              – Jan
              7 hours ago











            • @Jan a citizen whose first amendment rights have been infringed by an executive agency can sue in federal district court. The court's decision can be appealed before the appropriate court of appeals, whose decision can be appealed before the supreme court. More likely, however, the citizen will exercise the right of free speech and then be sued by the agency for violating the regulation in question, the citizen using the first amendment as the basis for the defense. The power to make regulations is delegated by congress.

              – phoog
              7 hours ago
















            1
















            The question highlights a common misconception as to what executive orders are. Executive orders are not regulations, rules or laws. Executive orders are a performance of the office as the chief law enforcer. With that in mind, what Executive orders are issued is to concentrate resources on enforcement existing laws or to remove resources from enforcing existing laws.



            An executive order cannot be issued in connection to laws that do not exist. For example, your question implies that a President can send out law enforcement to arrest people who violate some non-existent law that the President thinks up. Once the police arrest you and get you to go to court, there has to be a law that the arrestee violated. If the law does not exist, the judge will just sit there unable to inflict punishment.



            So the answer is No because there is no path for the President to make any law with punishment.



            That being said, there are bureaucracies that do exist that can make their own rules, exist outside presidential and congressional support and have teeth given to them by congress. That is the executive branch bureaucracies such as the EPA, FCC, USDA, etc. They can certainly eat away at the first amendment and have. If you worry about losing first amendment rights, that is where abuses are rampant.






            share|improve this answer



























            • Question: if an agency such as the FCC or the EPA makes a rule that infringes on a US citizen’s first amendment rights, is there something that prevents the US citizen from sueing appropriately? Shouldn’t a first amendment violation issued by any of these agencies be shot down by the Supreme Court? I’m not a US citizen or resident so please excuse my ignorance in this matter.

              – Jan
              7 hours ago











            • @Jan a citizen whose first amendment rights have been infringed by an executive agency can sue in federal district court. The court's decision can be appealed before the appropriate court of appeals, whose decision can be appealed before the supreme court. More likely, however, the citizen will exercise the right of free speech and then be sued by the agency for violating the regulation in question, the citizen using the first amendment as the basis for the defense. The power to make regulations is delegated by congress.

              – phoog
              7 hours ago














            1














            1










            1









            The question highlights a common misconception as to what executive orders are. Executive orders are not regulations, rules or laws. Executive orders are a performance of the office as the chief law enforcer. With that in mind, what Executive orders are issued is to concentrate resources on enforcement existing laws or to remove resources from enforcing existing laws.



            An executive order cannot be issued in connection to laws that do not exist. For example, your question implies that a President can send out law enforcement to arrest people who violate some non-existent law that the President thinks up. Once the police arrest you and get you to go to court, there has to be a law that the arrestee violated. If the law does not exist, the judge will just sit there unable to inflict punishment.



            So the answer is No because there is no path for the President to make any law with punishment.



            That being said, there are bureaucracies that do exist that can make their own rules, exist outside presidential and congressional support and have teeth given to them by congress. That is the executive branch bureaucracies such as the EPA, FCC, USDA, etc. They can certainly eat away at the first amendment and have. If you worry about losing first amendment rights, that is where abuses are rampant.






            share|improve this answer















            The question highlights a common misconception as to what executive orders are. Executive orders are not regulations, rules or laws. Executive orders are a performance of the office as the chief law enforcer. With that in mind, what Executive orders are issued is to concentrate resources on enforcement existing laws or to remove resources from enforcing existing laws.



            An executive order cannot be issued in connection to laws that do not exist. For example, your question implies that a President can send out law enforcement to arrest people who violate some non-existent law that the President thinks up. Once the police arrest you and get you to go to court, there has to be a law that the arrestee violated. If the law does not exist, the judge will just sit there unable to inflict punishment.



            So the answer is No because there is no path for the President to make any law with punishment.



            That being said, there are bureaucracies that do exist that can make their own rules, exist outside presidential and congressional support and have teeth given to them by congress. That is the executive branch bureaucracies such as the EPA, FCC, USDA, etc. They can certainly eat away at the first amendment and have. If you worry about losing first amendment rights, that is where abuses are rampant.







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited 8 hours ago

























            answered 8 hours ago









            Frank CedenoFrank Cedeno

            3,1681 gold badge8 silver badges21 bronze badges




            3,1681 gold badge8 silver badges21 bronze badges















            • Question: if an agency such as the FCC or the EPA makes a rule that infringes on a US citizen’s first amendment rights, is there something that prevents the US citizen from sueing appropriately? Shouldn’t a first amendment violation issued by any of these agencies be shot down by the Supreme Court? I’m not a US citizen or resident so please excuse my ignorance in this matter.

              – Jan
              7 hours ago











            • @Jan a citizen whose first amendment rights have been infringed by an executive agency can sue in federal district court. The court's decision can be appealed before the appropriate court of appeals, whose decision can be appealed before the supreme court. More likely, however, the citizen will exercise the right of free speech and then be sued by the agency for violating the regulation in question, the citizen using the first amendment as the basis for the defense. The power to make regulations is delegated by congress.

              – phoog
              7 hours ago


















            • Question: if an agency such as the FCC or the EPA makes a rule that infringes on a US citizen’s first amendment rights, is there something that prevents the US citizen from sueing appropriately? Shouldn’t a first amendment violation issued by any of these agencies be shot down by the Supreme Court? I’m not a US citizen or resident so please excuse my ignorance in this matter.

              – Jan
              7 hours ago











            • @Jan a citizen whose first amendment rights have been infringed by an executive agency can sue in federal district court. The court's decision can be appealed before the appropriate court of appeals, whose decision can be appealed before the supreme court. More likely, however, the citizen will exercise the right of free speech and then be sued by the agency for violating the regulation in question, the citizen using the first amendment as the basis for the defense. The power to make regulations is delegated by congress.

              – phoog
              7 hours ago

















            Question: if an agency such as the FCC or the EPA makes a rule that infringes on a US citizen’s first amendment rights, is there something that prevents the US citizen from sueing appropriately? Shouldn’t a first amendment violation issued by any of these agencies be shot down by the Supreme Court? I’m not a US citizen or resident so please excuse my ignorance in this matter.

            – Jan
            7 hours ago





            Question: if an agency such as the FCC or the EPA makes a rule that infringes on a US citizen’s first amendment rights, is there something that prevents the US citizen from sueing appropriately? Shouldn’t a first amendment violation issued by any of these agencies be shot down by the Supreme Court? I’m not a US citizen or resident so please excuse my ignorance in this matter.

            – Jan
            7 hours ago













            @Jan a citizen whose first amendment rights have been infringed by an executive agency can sue in federal district court. The court's decision can be appealed before the appropriate court of appeals, whose decision can be appealed before the supreme court. More likely, however, the citizen will exercise the right of free speech and then be sued by the agency for violating the regulation in question, the citizen using the first amendment as the basis for the defense. The power to make regulations is delegated by congress.

            – phoog
            7 hours ago






            @Jan a citizen whose first amendment rights have been infringed by an executive agency can sue in federal district court. The court's decision can be appealed before the appropriate court of appeals, whose decision can be appealed before the supreme court. More likely, however, the citizen will exercise the right of free speech and then be sued by the agency for violating the regulation in question, the citizen using the first amendment as the basis for the defense. The power to make regulations is delegated by congress.

            – phoog
            7 hours ago



















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