freedom of speech

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OverviewImminent Lawless Action Requirement

This is a category of speech that is not protected by the First Amendment.  In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court held, "the constitutional guarantees of free speech and free...

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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...

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Overview

Fighting words are, as first defined by the Supreme Court (SCOTUS) in Chaplinsky v New Hampshire, 315 U.S. 568 (1942), words which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace. It has...

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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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Appealed from: United States Court of Appeals, Ninth Circuit (Mar. 22, 2004)

Court appealed From: United States District Court, Central District of California (Feb. 7, 2002) (summary judgment)

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Facts

Petitioners in this case are individuals who provide in-home assistance to disabled persons in Illinois. Harris v. Quinn, 656 F.3d 692, 694 (7th Cir. 2011). Some of the petitioners operate under Illinois’s Home Services Program (“Rehabilitation...

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After twenty years in Paterson, New Jersey's police department, Jeffrey Heffernan was named a detective in 2005. See Heffernan v. City of Paterson, 777 F.3d 147, 149 (3d Cir. 2015). Heffernan was assigned to the...

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After twenty years in Paterson, New Jersey's police department, Jeffrey Heffernan was named a detective in 2005. See Heffernan v. City of Paterson, 777 F.3d 147, 149 (3d Cir. 2015). Heffernan was assigned to the office of the Chief of Police, James...

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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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New York City (“NYC”) awarded Time Warner Entertainment Company, L.P. (“Time Warner”) cable franchises for Manhattan and required Time Warner to provide four public access channels for public use, in accordance with New York State regulations. Halleck...

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In July 2012, Respondents Charlie Craig and David Mullins visited Petitioner Masterpiece Cakeshop, a Colorado bakery, to request that its owner, Petitioner Jack Phillips, create a cake for their same-sex wedding. Craig v. Masterpiece Cakeshop, Inc. at...

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Facts

For over three decades, pro-life and pro-choice advocates have battled each other over the best forums for expressing their ideas. See McCullen v. Coakley, 571 F.3d 171, 172 (1st. Cir 2009). A large part of the struggle has occurred in front of...

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Media Law: Overview

Freedom of the press is a fundamental liberty guaranteed by the First Amendment of the Constitution. As such, courts and legislative bodies have been hesitant to infringe upon the freedom of press. In fact, there are numerous...

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Oral argument: Dec. 1, 2009

Appealed from: United States Court of Appeals for the Eighth Circuit (Sept. 4, 2008)

BANKRUPTCY, FIRST AMENDMENT, FREEDOM OF SPEECH, DUE PROCESS

This case concerns the application and constitutionality of three...

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Definition

In First Amendment law, prior restraint is government action that prohibits speech or other expression before the speech happens. .

Overview (Under Construction)

Prior restraint typically happens in a few ways. It may be a statute or...

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Petitioner Albert Snyder’s son, Marine Lance Corporal Matthew A. Snyder, was killed in action while deployed in Iraq. See Snyder v. Phelps, 580 F.3d 206, 211 (4th Cir. 2009). Respondents Fred W. Phelps, Sr., Shirley L. Phelps-...

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Oral argument: Oct. 6, 2010

Appealed from: United States Court of Appeals for the Fourth Circuit (Sept. 24, 2009)

FIRST AMENDMENT, FREEDOM OF SPEECH, PRIVACY, STATE TORT REMEDIES

Respondents Fred W. Phelps,...

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Definition

The state action requirement refers to the requirement that in order for a plaintiff to have standing to sue over a law being violated, the plaintiff must demonstrate that the government (local, state, or federal), was responsible for...

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Overview

Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. Trademark law is a federal issue, and as such, ...