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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".
The test, as set forth in the Tinker opinion, asks the question: Did the speech or expression of the student "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," or might it "reasonably have led school authorities to forecast substantial disruption of or material interference ...
The results of the blood test showed a BAC of 0.154 percent, which was above the state's legal limit of 0.08 percent. McNeely was charged with driving while intoxicated, and later moved to suppress the results of his blood test, as he argued that it was done unconstitutionally as an unreasonable search and seizure. [3]
WASHINGTON (Reuters) -The U.S. Supreme Court on Friday in a decision on free speech in the digital age set a new standard for determining if public officials acted in a governmental capacity when ...
The Stolen Valor Act of 2005 (18 U.S.C. 704) is unconstitutional because it violates the Free Speech Clause of the First Amendment to the Constitution of the United States of America. Court membership; Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel ...
The jury returned a verdict for Sullivan and awarded him $500,000 in damages ($5.1 million in 2023). The state supreme court affirmed [9] on August 30, 1962, saying "The First Amendment of the U.S. Constitution does not protect libelous publications". The Times appealed to the United States Supreme Court. [10] [11]
The Supreme Court has yet to take on an abortion-related case this term. On Monday, it rejected an appeal from the Biden administration to hear a case about a policy meant to ensure patients in ...
A police officer approached Muniz, who was in his car, suspecting him of driving under the influence of alcohol. The officer asked Muniz several questions and directed Muniz to perform sobriety tests, including “a ‘horizontal gaze nystagmus’ test, a ‘walk and turn’ test, and a ‘one leg stand’ test.” [5] After Muniz admitted to drinking, the officer arrested him and took him to ...