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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 Speech or Debate Clause is a clause in the United States Constitution (Article I, Section 6, Clause 1).The clause states that "The Senators and Representatives" of Congress "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or ...
First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought. [290] In United States v.
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.
Forum analysis versus government speech doctrine [ edit ] In several important cases, courts have decided that what appeared to be viewpoint-based censorship in a forum was actually the government's tailoring of its own speech , which need not be viewpoint neutral, and that no forum was in fact created.
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. New Hampshire. [1]
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".
The One Percent doctrine (also called the Cheney doctrine) was created in November 2001 (no exact date is given) during a briefing given by then-CIA Director George Tenet and an unnamed briefer to U.S. Vice President Dick Cheney and then-National Security Adviser Condoleezza Rice in response to worries that a Pakistani scientist was offering nuclear weapons expertise to Al Qaeda after the ...