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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]
The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution. In 1942, the U.S. Supreme Court established the doctrine by a 9–0 decision in Chaplinsky v.
Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986), was a United States Supreme Court case about the First Amendment and whether freedom of speech was violated by shutting down a bookstore because of illicit sexual activities occurring there. The court held that the closure was aimed at nonexpressive activity and its incidental burden on speech ...
The government encouraging them to remove false speech only violates the 1st Amendment if it can be proved that the government caused, and will cause in the future, speech to be blocked.
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942), was a landmark decision of the US Supreme Court in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech. [1]
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."
Yates v. United States, 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States [1] that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger".
Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U.S. 626 (1985), established a constitutional standard where the government can mandate commercial speech, in the form of disclaimers, as long as the information is "purely factual and uncontroversial", serves a related government interest, and is meant to prevent consumer deception. [4]