First Amendment

Introduction to the First Amendment

The First Amendment to the U.S. Constitution is a cornerstone of American freedom, protecting your right to free speech, press, assembly, religion, and petitioning the government for redress of grievances. It stands as a shield against government censorship and retaliation, ensuring ordinary citizens—like you—can voice concerns without fear of reprisal.

But when local officials silence dissent or punish those who speak out, it becomes a tool for overreach. Ratified on December 15, 1791, as part of the Bill of Rights—the first 10 amendments to the Constitution—the First Amendment was born from the colonists' bitter experiences under British rule, where seditious libel laws stifled criticism of the Crown and general warrants suppressed dissenting publications. Influenced by Enlightenment thinkers like John Milton and colonial declarations such as Virginia's Bill of Rights, it was proposed by James Madison to address Anti-Federalist fears that the new federal government might infringe on individual liberties. Originally applying only to Congress, its protections were extended to states via the Fourteenth Amendment in the 20th century. At its core, the Amendment means not just freedom from prior restraint but also safeguards against retaliation for expression, assembly for protest, and the establishment or prohibition of religion—principles that empower everyday people against bureaucratic overreach. At Outside Legal Counsel PLC, our attorneys fight these battles head-on, turning constitutional principles into real victories for Michiganders facing bureaucratic bullying.

Overview of Cases

OLC's work exemplifies the First Amendment's power in everyday struggles against government overreach. The work in Lindke v. Freed, decided by the U.S. Supreme Court in 2024, addressed whether public officials can block constituents on social media without violating free speech rights. James Freed, the city manager of Port Huron, blocked resident Kevin Lindke after Lindke criticized COVID-19 policies on Freed's Facebook page, which Freed used for official announcements. Representing Lindke, OLC repeatedly argued, which ultimately successful, that when officials wield social media as a public forum, blocking critics is unconstitutional viewpoint discrimination. The unanimous SCOTUS ruling established a two-part test: the account must be used for official business, and the block must suppress protected speech. This decision has reshaped how officials engage online, protecting thousands from digital silencing.

Building on this, OLC also secured a key win in Tamm v. Nerad. Two lakefront property co-owners had long enjoyed seasonal dock rights at West Park on Diamond Lake. After successfully challenging Lincoln Township's regulations in an earlier suit, the township retaliated with selective citations under new ordinances. The district court dismissed their claims, but the Sixth Circuit revived the First Amendment retaliation claim, finding sufficient evidence that the enforcement was payback for their prior lawsuit. This remand sets the stage for trial, reinforcing that governments can't punish citizens for exercising their right to sue.

Key Legal Insights

OLC's cases reveal a troubling pattern: governments weaponizing authority to stifle dissent, from social media blocks to retaliatory fines. In Lindke, the decision illuminated how modern communication tools extend First Amendment protections, i.e., your tweet or Facebook comment isn't just opinion; it's a petition for change. Such victories underscore that the First Amendment isn't for the elite; it's for the parent questioning school policies or the neighbor calling out unfair enforcement. OLC's approach demystifies the law, showing victims they're not powerless; with the right advocate, the Constitution levels the playing field.

Take Action

If you've been blocked, threatened, or targeted for speaking out against government actions, whether online or in your community, don't let government overreach prevail. At Outside Legal Counsel, we turn your story into strategy, fighting for your voice and your rights. Schedule now or call (989) 642-0055.