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I, XIV. New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation. [1] [2] The decision held that if a plaintiff in a defamation lawsuit is a public ...
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."
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 ...
Washington was one of the first states to fight cyberstalking through legislation, but it may have to rethink its approach. A federal judge has blocked the state's 2004 law after ruling that a key ...
The overbreadth doctrine is to "strike a balance between competing social costs". U.S. v. Williams, 553 U.S. 285, 292. Specifically, the doctrine seeks to balance the "harmful effects" of "invalidating a law that in some of its applications is perfectly constitutional" as a possibility that "the threat of enforcement of an overbroad law deters ...
The Supreme Court ruled that a Pennsylvania public school violated the First Amendment rights of one of its students after suspending her from the cheerleading squad as a result of a Snapchat post ...
In the free speech context, intermediate scrutiny is the test or standard of review that courts apply when analyzing content-neutral speech versus content-based speech. Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication.
February 26, 2024 at 2:43 PM. Francis Chung. WASHINGTON — The Supreme Court on Monday grappled with knotty free speech questions as it weighed laws in Florida and Texas that seek to impose ...