PROTECTED SPEECH

(Wex page)

The advocacy of illegal action is a category of speech not protected by the First Amendment. It is also sometimes referred to as the advocacy of illegal conduct.

First addressed in Whitney v. California (1927), the Supreme...

(Wex page)

Commercial speech refers to any speech which promotes at least some type of commerce. As established in Central Hudson v. Public Svn. Comm’n, commercial speech is less protected under the First Amendment than other forms of speech.

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(Wex page)

Fighting words are words meant to incite violence such that they may not be protected free speech under the First Amendment. The U.S. Supreme Court first defined them in Chaplinsky v New Hampshire (1942) as words which "by their very...

(Wex page)

Prior restraint describes an administrative or judicial order that forbids certain speech before the time that the communication is to occur, as stated in Alexander v. United States.

Prior restraint may be a statute or...

(LIIBULLETIN preview (pre-2014))
Facts

During his 2004 presidential campaign, President Bush made an unannounced stop at the Jacksonville Inn in Jacksonville, Oregon. See Moss v. U.S. Secret Service, 711 F.3d 941, 948 (9th Cir. 2012). The President was scheduled to appear at the nearby...