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United States free speech exceptions. The Bill of Rights in the National Archives. In the United States, some categories of speech are not protected by the First Amendment. According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech. [ 1]
Miller test. The Miller test, also called the three-prong obscenity test, is the United States Supreme Court 's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. [1] [2]
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.
U.S. Const. amend. I; Child Pornography Prevention Act of 1996. Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), is a U.S. Supreme Court case that struck down two overbroad provisions of the Child Pornography Prevention Act of 1996 because they abridged "the freedom to engage in a substantial amount of lawful speech". [2]
The issue of school speech or curricular speech as it relates to the First Amendment to the United States Constitution has been the center of controversy and litigation since the mid-20th century. The First Amendment's guarantee of freedom of speech applies to students in the public schools. In the landmark decision Tinker v.
The Supreme Court upheld a lower court ruling, which also found that the school, Mahoney Area High School, violated Brandi Levy's First Amendment rights. After failing to make the school's varsity ...
The two women exercised their First Amendment rights by protesting, French said. The Boise to Palestine protest group said the two were wrongfully arrested for exercising their right to freedom of ...
The First Amendment ( Amendment I) to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.