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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."
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
Hazelwood School District et al. v. Kuhlmeier et al., 484 U.S. 260 (1988), was a landmark decision by the Supreme Court of the United States which held, in a 5–3 decision, that student speech in a school-sponsored student newspaper at a public high school could be censored by school officials without a violation of First Amendment rights if the school's actions were "reasonably related" to a ...
Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.
Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
Academic freedom and free speech rights are not coextensive, although this widely accepted view has been challenged by an "institutionalist" perspective on the First Amendment. [82] Academic freedom involves more than speech rights; for example, it includes the right to determine what is taught in the classroom.
Free speech on college campuses has become an increasingly polarizing subject, and Yale University is no exception. While some argue that freedom of expression is a convenient justification for ...
Restrictions on free speech are only permissible when the speech at issue is likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. [178] Justice William O. Douglas wrote for the Court that "a function of free speech under our system is to invite dispute. It ...