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Under the Miller test, speech is unprotected if "the average person, applying contemporary community standards, [54] would find that the [subject or work in question], taken as a whole, appeals to the prurient interest", "the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by ...
The difference between incitement and fighting words is subtle, focusing on the intent of the speaker. Inciting speech is characterized by the speaker's intent to make someone else the instrument of his or her unlawful will. Fighting words, by contrast, are intended to cause the hearer to react to the speaker. [20]
There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words those which by their very utterance inflict injury or tend to incite an ...
The First Amendment to the United States Constitution protects the freedom of speech. In Tinker v. Des Moines Independent Community School District (1969), the Court held that speech made by students in public schools is protected by the First Amendment unless the speech causes a "substantial disruption" to the learning environment. [1]
Fraser, the Supreme Court ruled that a high school student's sexual innuendo-laden speech during a school assembly was not constitutionally protected. The court said the protection of student political speech created in the Tinker case did not extend to vulgar language in a school setting. The court ruled that similar language may be ...
Argument: Oral argument: Opinion announcement: Opinion announcement: Questions presented; Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as ...
A speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are common in the workplace, in universities, [1] and in private organizations. The term may be applied to ...
Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in Hess v.