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This is the question of speech which is offensive to prevailing community standards by reason of being vulgar, lewd, or indecent speech. α [9] Courts have held that offensiveness is a question of whether speech is plainly offensive in terms of sexual content or implication, rather than simply expressing ideas and beliefs considered offensive ...
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."
Eric Barendt has called this defence of free speech on the grounds of democracy "probably the most attractive and certainly the most fashionable free speech theory in modern Western democracies". [25] Thomas I. Emerson expanded on this defence when he argued that freedom of speech helps to provide a balance between stability and change.
The Supreme Court’s recent ruling that makes it harder to hold people responsible for harassment online could send a troubling symbolic message about free speech to institutions other than ...
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 government speech doctrine establishes that the government may advance its speech without requiring viewpoint neutrality when the government itself is the speaker. Thus, when the state is the speaker, it may make content based choices. The simple principle has broad implications, and has led to contentious disputes within the Supreme Court. [1]
By Peter Jacobs U.S. Navy admiral and University of Texas, Austin, alumnus William H. McRaven returned to his alma mater last week to give seniors 10 lessons from basic SEAL training when he spoke ...
The Free Speech Movement (FSM) was a massive, long-lasting student protest which took place during the 1964–65 academic year on the campus of the University of California, Berkeley. [1] The Movement was informally under the central leadership of Berkeley graduate student Mario Savio . [ 2 ]