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Under the Miller test, speech is unprotected if "the average person, applying contemporary community standards, [54] would find that the [subject or work in question], taken as a whole, appeals to the prurient interest", "the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by ...
Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government [1][2][3][4] The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. [5] The Supreme Court of the United States has ...
Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
I, XIV. New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation. [1][2] The decision held that if a plaintiff in a defamation lawsuit is a public ...
Liberalism portal. Politics portal. v. t. e. Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human ...
The government speech doctrine establishes that the government may advance its speech without requiring viewpoint neutrality when the government itself is the speaker. Thus, when the state is the speaker, it may make content based choices. The simple principle has broad implications, and has led to contentious disputes within the Supreme Court.
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
Imminent lawless action. " Imminent lawless action " is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the United States Supreme Court case Brandenburg v. Ohio.[1][2]