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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 cases have also varied on what contexts – such as the reaction of hearers (public officials, police officers, ordinary citizens) – make a difference for the limits on protected speech. [5] A particularly provocative example occurred in Cohen v.
The work is considered obscene only if all three conditions are satisfied. [ citation needed ] The first two prongs of the Miller test are held to the standards of the community, and the third prong is based on "whether a reasonable person would find such value in the material, taken as a whole".
Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant.
Workplace communication is the process of communicating and exchanging information (both verbal and non-verbal) between one person/group and another person/group within an organization. It includes e-mails, text messages, notes, calls, etc. [ 1 ] Effective communication is critical in getting the job done, as well as building a sense of trust ...
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]
Protected concerted activity extends to individual employees in some situations. Typically, an individual employee can be acting in concert when that employee is acting on behalf of or as a representative of at least one other co-worker. Their actions must address general workplace conditions or bring attention to a group complaint. [15]
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 ...