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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 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".
A statute doing so is overly broad (hence, overbreadth) if, in proscribing unprotected speech, it also proscribes protected speech. Because an overly broad law may deter constitutionally protected speech, the overbreadth doctrine allows a party to whom the law may constitutionally be applied to challenge the statute on the ground that it ...
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]
Moody v. NetChoice, LLC and NetChoice, LLC v.Paxton, 603 U.S. 707 (2024), were United States Supreme Court cases related to protected speech under the First Amendment and content moderation by interactive service providers on the Internet under Section 230 of the Communications Decency Act.
[15] [22] In the letters, he stated that about 30–50 members planned to demonstrate outside of the Village Hall from about 3–3:30 p.m. and they planned to hold up signs demanding free speech for white men, including the phrases "White Free Speech", "Free Speech for White Americans", and "Free Speech for the White Men". [15] [22]
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 ...
Lane v. Franks, 573 U.S. 228 (2014), is a U.S. Supreme Court case involving public employee's freedom of speech rights. Edward Lane sued Steve Franks for unfairly firing him, out of retaliation for sworn testimony Lane gave during a federal fraud case. [1]