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 press do...

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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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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 been well...

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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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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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