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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."
Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in Hess v.
This category includes court cases that deal with the Free Speech Clause of the First Amendment to the United States Constitution, providing that "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Sullivan, [4] government-funded doctors in a government health program were not allowed to advise patients on obtaining abortions, and the doctors challenged this law on Free Speech grounds. [1] However, the Court held that because the program was government-funded, the doctors were, therefore, speaking on behalf of the government.
Cases that consider the First Amendment implications of payments mandated by the state going to use in part for speech by third parties Abood v. Detroit Board of Education (1977) Communications Workers of America v. Beck (1978) Chicago Local Teachers Union v. Hudson (1986) Keller v. State Bar of California (1990) Lehnert v. Ferris Faculty Ass'n ...
Free speech on college campuses has become an increasingly polarizing subject, and Yale University is no exception. While some argue that freedom of expression is a convenient justification for ...
Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
Gitlow v. New York, 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.