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Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false statements of fact, and commercial ...
The First Amendment's guarantee of freedom of speech applies to students in the public schools. In the landmark decision Tinker v. Des Moines Independent Community School District , the U.S. Supreme Court formally recognized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate".
Demers v. Austin (746 F.3d 402, 9th Cir., 2014) was a landmark decision of the Ninth Circuit Court of Appeals, extending First Amendment protection to professors at public universities for on-the-job speech that deals with public issues related to teaching or scholarship, whether inside or outside of the classroom. [1]
In two Supreme Court cases this term, including one decided Wednesday, the justices rightly reaffirmed that speech by government officials violates the 1st Amendment only if it includes an ...
The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local ...
Desilets v. Clearview Regional Board of Education, 137 N.J. 585 (1994), [1] was a New Jersey Supreme Court decision that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums ...
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The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution. In 1942, the U.S. Supreme Court established the doctrine by a 9–0 decision in Chaplinsky v. New Hampshire. [1]