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13 Sep 2017, 5:00 pm
Here’s the law: “[T]he constitutional guarantees of free press and free speech do not permit a state to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. [read post]
14 Feb 2022, 4:05 am
This is not “free exercise” of religion protected by the First Amendment. [read post]
20 Mar 2014, 4:25 am
We can’t have chaos in the name of the American dream. [read post]
6 Apr 2015, 9:30 pm
In the 1950s and 60s, with the growth of the media, an increase in privacy actions, and large judgments against the press, the privacy-free press conflict raised contentious debate.Privacy and free speech were charged issues in American culture more generally. [read post]
22 Jul 2019, 11:41 am
Joint Action Doctrine. [read post]
3 Mar 2020, 3:52 am
United States, the first in a line of major First Amendment cases to clarify the meaning of “free speech. [read post]
1 Mar 2017, 4:04 pm
The Inter-American Court of Human Rights hears the case of I.V. v. [read post]
20 Jun 2017, 11:33 am
Contrary to suggestions otherwise by the news media, the Asian-American rock band “The Slants” still [read post]
5 Aug 2013, 4:32 am
Brown also invoked American Dairy Queen Corp. v. [read post]
6 Jul 2022, 7:02 am
(discussing displacement of Native American tribes); id. at 2483-85 (Roberts, J., dissenting)(same); Johnson v. [read post]
19 Jul 2018, 6:30 am
Indeed, it is widely, but mistakenly, assumed that no President has ever removed an officer for cause and that (in the words of the dissenting opinion in Free Enterprise Fund v. [read post]
27 Jun 2018, 6:58 pm
American Federation of State, County, and Municipal Employees is politics, not law. [read post]
17 Jan 2022, 7:09 am
” Twitter’s First Amendment Rights. [read post]
11 Jul 2023, 11:43 am
Nine years after Bakke, McCleskey v. [read post]
18 May 2019, 11:57 am
The first of the free speech cases that came before the Supreme Court in 1919 was Schenck v. [read post]
20 May 2013, 4:48 am
All three of these cases rejected Free Exercise Clause claims brought by American Indians. [read post]
3 Jul 2023, 10:36 am
The Supreme Court just concluded its Term with blockbuster decisions on affirmative action, free speech, and student loan forgiveness. [read post]
3 Aug 2022, 1:40 pm
Earlier this year, in Riley’s American Heritage Farms v. [read post]
30 Aug 2023, 8:27 am
Regardless of whether the action promoted was criminal, advocating the commission of a crime, or even the use of violence, to advance political goals is protected by the Free Speech Clause, unless it is a direct incitement to imminent lawless action and is likely to succeed, Brandenburg v. [read post]
23 May 2016, 11:20 am
More Blog Entries: Mabry v. [read post]