free speech

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In 1998, the State of Arizona passed the Citizens Clean Election Act (“the Act”), which created a framework through which the state provides public financing to candidates for statewide political offices. See McComish v. Bennett , 611 F.3d 510, 513 (...

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Overview

The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. In the case, a KKK leader gave a speech at a rally to his fellow...

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Anthony D. Elonis was indicted with five counts of making threats in violation of 18 U.S.C. § 875(c) (“§ 875(c)”). United States v. Elonis, 730 F.3d 321, 327 (3rd Cir. 2013). Section 875(c) provides that it shall be illegal to transmit “in interstate...

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In 2004, many political experts anticipated that members of the U.S. Senate would try to further delay a Senate vote on President George Bush’s judicial nominees with continued filibustering. In response to this tactic, Wisconsin Right to Life (“WRTL...

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Overview

A forum in First Amendment law refers to the place in which a speaker speaks. The First Amendment's protections regarding the right to speak and assemble will vary based on the speakers’ chosen forum. In Perry Educ. Ass’n v. Perry Educators’...

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Respondent Erik Brunetti founded a clothing brand, “FUCT,” in 1990. In re: Erik Brunetti, 877 F.3d 1330 (Fed. Cir. 2017) at 4. In 2011, Brunetti was assigned an application filed by two unrelated individuals to register the name “FUCT” as a trademark...

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In 2015, the governor of Illinois filed suit challenging provisions of the Illinois Public Labor Relations Act (“IPLRA”) on First Amendment grounds. Janus v. AFSCME, Council 31, 851 F.3d 746, 747 (7th Cir. 2017). By filing the lawsuit, the governor of...

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Definition

Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation, exposes a person to public hatred, contempt or ridicule, or...

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Respondent B.L., a student at Mahanoy Area High School (“MAHS”), tried out for the cheerleading team during her freshman year of high school and made the junior varsity (“JV”) squad. B.L. v. Mahanoy Area School District at 1. She tried out again as a...

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On May 30, 2012, Lester Gerard Packingham, a registered sex offender, was found guilty of using a social network website in violation of N.C. Gen. Stat. § 14-202.5. See State v. Packingham, 368 N.C. 380 (2015). N.C. Gen. Stat. § 14-202.5 is a North...

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