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First DSA Case
Second DSA Case


The First Amendment of the Constitution of the United States of America provides that "Congress shall pass no law...abridging the freedom of speech...". The Fourteenth Amendment extends this obligation to the various States of the United States of America. These simple words of the Constitution guarantee that every person can freely express opinions and ideas, including commercial opinions and ideas, without undue interference by Government. This is a very powerful right, and one that should be jealously guarded.

The Firm has a long history of helping clients secure their First Amendment rights, particularly, the right of "the freedom of speech". The "freedom of speech" has been a personal interest of James P. Duffy, III, for many years. He has, over the years, handled more than 100 cases seeking the redress of First Amendment freedom of speech rights. Several have resulted in reported decisions, such as, Distribution Systems of America, Inc., v. Village of Old Westbury, 785 F.Supp. 347 (E.D.N.Y. 1992), and Distribution Systems of America, Inc., v. Village of Old Westbury, 862 F.Supp. 950 (E.D.N.Y. 1994). Most have been settled, often with a "So Ordered" stipulation of settlement where the defendant agreed not to violate the plaintiff's First Amendment rights.

The Firm has also commented on behalf of clients on proposed legislation that the Firm and the client believed improperly abridged First Amendment free speech rights. The Firm routinely enters into negotiations on behalf of clients with municipalities and others, such as apartment complex owners or managers, who, the client believes, are improperly restricting the client's ability to exercise First Amendment free speech rights.

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