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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 ...
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]
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".
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 First Amendment isn't absolute. You can indeed be prosecuted for what you say.
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."
Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant.
A professor at the University of California, Berkeley has urged law firms not to hire some of his students, accusing them of being “antisemitic”, as the on-campus crisis over the Middle ...