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...
PROTECTED SPEECH
(Wex page)
Definition
Speech which promotes at least some type of commerce.
OverviewUnder Central Hudson Gas & Electric v. Public Service Commission, 447 U.S. 557 (1980), commercial speech is less protected under the First Amendment than other...
(Wex page)
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...
(Wex page)
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...
(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...