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This is the question of speech which is offensive to prevailing community standards by reason of being vulgar, lewd, or indecent speech. α [9] Courts have held that offensiveness is a question of whether speech is plainly offensive in terms of sexual content or implication, rather than simply expressing ideas and beliefs considered offensive ...
Pure speech in United States law is the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea. It is distinguished from symbolic speech , which involves conveying an idea or message through behavior.
In political science, the Copenhagen School adopts speech act as a form of felicitous speech act (or simply 'facilitating conditions'), whereby the speaker, often politicians or players, act in accordance to the truth but in preparation for the audience to take action in the directions of the player that are driven or incited by the act.
Hate speech in the United States cannot be directly regulated by the government due to the fundamental right to freedom of speech protected by the Constitution. [1] While "hate speech" is not a legal term in the United States, the U.S. Supreme Court has repeatedly ruled that most of what would qualify as hate speech in other western countries is legally protected speech under the First Amendment.
During colonial times, English speech regulations were rather restrictive.The English criminal common law of seditious libel made criticizing the government a crime. Lord Chief Justice John Holt, writing in 1704–1705, explained the rationale for the prohibition: "For it is very necessary for all governments that the people should have a good opinion of it."
Morse v. Frederick, 551 U.S. 393 (2007), is a United States Supreme Court case where the Court held, 5–4, that the First Amendment does not prevent educators from prohibiting or punishing student speech that is reasonably viewed as promoting illegal drug use.
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
Cases that consider the First Amendment implications of payments mandated by the state going to use in part for speech by third parties Abood v. Detroit Board of Education (1977) Communications Workers of America v. Beck (1978) Chicago Local Teachers Union v. Hudson (1986) Keller v. State Bar of California (1990) Lehnert v. Ferris Faculty Ass'n ...