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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 ...
Some legal scholars (such as Tim Wu of Columbia University) have argued that the traditional issues of free speech—that "the main threat to free speech" is the censorship of "suppressive states", and that "ill-informed or malevolent speech" can and should be overcome by "more and better speech" rather than censorship—assumes scarcity of ...
A Distant Heritage: The Growth of Free Speech in Early America. New York: New York University Press, 1995. Godwin, Mike (1998). Cyber Rights: Defending Free Speech in the Digital Age. New York: Times Books. ISBN 0-8129-2834-2. Rabban, David M. (1999). Free Speech in Its Forgotten Years, 1870–1920. New York: Cambridge University Press.
The case raises the sticky issue of whether homeowners associations should — or even can — restrict what could be considered free speech. A valid argument can be made that it’s a First ...
A speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are common in the workplace, in universities, [1] and in private organizations. The term may be applied to ...
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Curtis says that free speech rights in the U.S., which at present are believed to be given through 20th century court rulings, were actually developed first in "the forum of public opinion". [1] He says, "The history of free speech shows the need for broadly protective free speech rules applied generally and equally". [2]
Only the latter infringes upon the First Amendment, and it was not present in either case heard by the court Monday. Erwin Chemerinsky is dean of and a professor of law at the UC Berkeley School ...