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Whether the speech is sexually vulgar or obscene (Bethel School District v. Fraser). Whether the speech, if allowed as part of a school activity or function, would be contrary to the basic educational mission of the school (Hazelwood v. Kuhlmeier). Each of these considerations has given rise to a separate mode of analysis, and in Morse v.
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.
For much of the history of the positivist philosophy of language, language was viewed primarily as a way of making factual assertions, and the other uses of language tended to be ignored, as Austin states at the beginning of Lecture 1, "It was for too long the assumption of philosophers that the business of a 'statement' can only be to 'describe' some state of affairs, or to 'state some fact ...
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.
The speech must also be accompanied by an act,” Jodi Nafzger, an education lawyer at The College of Idaho who has taught both criminal law and criminal procedure, told the Idaho Statesman.
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.
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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."