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Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
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]
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 ...
In Atrocity Speech Law: Foundation, Fragmentation, Fruition (2017), Gregory S. Gordon—who had served as a Prosecutor in International Criminal Tribunal for Rwanda—discussed the tension between protecting free speech while regulating hate speech, citing that the use of accusation in the mirror as a form of hate speech, is an indicator of ...
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A federal appeals panel appears inclined to restore the limited gag order in former President Donald Trump’s federal election subversion case, but may loosen some restrictions so he can more ...
Similarly, state laws such as Colorado Revised Statute § 18-8-111 classify knowingly "false reporting of an emergency," including false alarms of fire, as a misdemeanour if the occupants of the building are caused to be evacuated or displaced, and a felony if the emergency response results in the serious bodily injury or death of another person.
Mendez's ruling argues that the law, which is aimed at cracking down on "deepfakes" and other forms of false speech intended at misrepresenting an opponent's views and actions, ends up making ...