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The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
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 ...
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".
Counterman v. Colorado, 600 U.S. 66 (2023), is a case of the Supreme Court of the United States concerning the line between true threats of violence punishable as crimes and free speech protected by the First Amendment. The states and lower courts were divided over how to define the line.
Former President Donald Trump repeated his claim, which he has made in speech after speech, that the US left $85 billion worth of military equipment to the Taliban when Biden pulled American ...
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 questions during Verrilli's argument focused on the lack of injury caused by false claims of military honors. [12] In nearly all the cases that the United States cited to support the proposition that there is no First Amendment value in falsity, the Court had addressed a false statement that harmed another, such as a defamatory statement.
The court also found that COPA did not pass the strict scrutiny test for governmental speech regulations, because while preventing children from accessing harmful material on the Internet was a compelling government interest, the statute was not narrowly tailored enough to enable other users, including consenting adults, to access such material ...