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June 17, 2019, 05:49:07 pm
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  Constitution and Law (Moderator: True Federalist)
  Are executive orders ever limited by the First Amendment?
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Author Topic: Are executive orders ever limited by the First Amendment?  (Read 198 times)
RoboWop
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« on: March 12, 2019, 04:41:05 pm »

Forgive me if this question is na´ve, but I can't readily find any case law on it.

Given that the First Amendment explicitly refers only to the legislative branch (and through incorporation the legislatures of the many states), through what mechanism would it be applied to executive authority? Could it be or has it ever been?

More specifically, are there separation of powers cases (e.g. Clinton v. City of New York) regarding the extension of legislative authority to the executive branch in which this issue has arisen? In other words, could the President be bound by the First Amendment when exercising powers granted by an Act of Congress?
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