When you are advocating the rounding up American citizens and putting them in concentration camps until they die off, that's
not protected speech.
It's a question that goes beyond mere academia — games as art brings professional legitimacy for the industry, and goes to the heart of the concept of games
as protected speech.
When the purpose includes doing something that could be
considered protected speech or expression, the question becomes much more complex and may allow public access that would not otherwise be permitted.
I realize that there are good reasons to
protect speech even if one is sure that it's mistaken.
And this man wants to curb the free speech of those who say things he does not like, rather than curb speech that is
not protected speech.
The paper's findings suggest that the First Amendment doesn't adequately protect academic freedom as fully as faculty «understand the concept of
constitutionally protected speech,» LeRoy said.
Second, and perhaps somewhat more importantly, the law poses a serious threat to anonymous expression, which U.S. case law recognizes as
protected speech in many cases.
However, he also referred to campaign ads as «pure political speech» and added that «the First Amendment requires us to err on the side
of protecting speech rather than suppressing it.»
A teacher's selection of a controversial play for students is not
protected speech under the First Amendment, a divided federal appeals court has ruled.
He then sued the members of the commission, in their official capacities, in federal court under 42 U.S.C. § 1983, claiming the commission had violated the First Amendment, because his press conference and email comments were
protected speech for which he could not be disciplined.
Video games are
fully protected speech under the Constitution and receive the same First Amendment protection as books, movies, music and television.
The plaintiff, a former superintendent, claimed she was demoted and then fired for
exercising protected speech when she complained about allegedly illegal conduct by the district.
For one thing, such restrictions are unlikely to pass constitutional muster: Pharmaceutical advertising has been
deemed protected speech in a string of court rulings.
When Katie Mohammed turned to Facebook to air concerns about her community — as millions of people do every day — she didn't think she'd ever be sued for libel, and become the centre of a precedent - setting case in Ontario's
laws protecting speech in the public interest.
For teachers, «generally, the First Amendment
protects your speech if you are speaking as a private citizen on a matter of public concern,» according to the ACLU.
Because the U.S.
Constitution protects all speech except for threats which attempts to incite imminent violence, the government can not arbitrarily force Facebook, YouTube (a unit of Alphabet), Twitter or other social media sites off the internet.
But if the Facebook Like is
protected speech because it ostensibly communicates «the user's approval... and support» of the person, status or thing liked, as Traxler wrote, then what of liking things sarcastically or in jest, or — to use an example from another social network — of «hate - favoriting» on Twitter?
Hate speech IS free speech.The U.S. Supreme Court stated the general rule
regarding protected speech in Texas v. Johnson (109 S.Ct.
In the United States, despite the desire of many to institute Euro - style controls, hate speech is
still protected speech.
Clearly, the Supreme Court recognized that overly restrictive internet filtering can infringe upon the rights of adult library users to
access protected speech.
«The association stated that the ban
targets protected speech, preventing debt relief providers from receiving fees for speaking to their customers and providing educational, coaching, and counseling information.»
Most reasonable people can agree that lawyer advertising should be afforded a level of constitutional protection that is somewhere above unprotected speech (e.g., false, deceptive or misleading statements or advertisements concerning unlawful activities) but somewhere below that provided
completely protected speech (e.g., political statements).
P.S.: Compare this 2012 post, «Judge: flashing headlights to warn of speed trap is protected speech [under First Amendment].»
In addition, the proposed Congressional bill would allow American authors and publishers to countersue, and if a jury found that the foreign suit was an attempt to
suppress protected speech, it could award treble damages.
Likewise, a speaker who uses profanity to stir up a crowd to immediate lawless action (like a riot) may have crossed the line
from protected speech into unprotected incitement.
I think you have lost sight of the fact that, unless freedom of speech
also protects speech others may deem «offensive», it is no freedom at all.
Noting cases involving the California Bar Association, Martindale Hubbell, Esquire Publishing and The El Paso Times in which opinions about attorneys
constituted protected speech, Avvo's Motion to Dismiss cites extensive case law protecting media outlets» First Amendment rights and rebuts the allegations in the Class Action Complaint.
And you guessed it, the reason that lawyers can advertise is that advertisement is
commercially protect speech under the First Amendment.
2007): An anti-abortion organization sent a questionnaire to judicial candidates and sued, alleging that Indiana Code of Judicial Conduct violated their First Amendment rights to receive and
publish protected speech.
The United States Court of Appeals for the 5th Circuit ruled that the fireman was denied a promotion as a result of his criticism, which the court deemed
constitutionally protected speech.
The Supreme Court ruled that while the First
Amendment protects the speech of public employees when they are acting «as citizens,» they don't have the same protection for speech when it is spoken «pursuant to... official responsibilities.»
If blocking traffic counted
as protected speech, it wouldn't be a crime — and it wouldn't be civil disobedience.
The fact that its author is a lawyer who specializes in this field does not have the effect of converting what would otherwise be
fully protected speech under the Constitution to an advertisement that promotes the availability of the sender's services.
University of Minnesota Law School professor Dale Carpenter told the Pioneer Press at the time of Jenkins» arrest that he doubted the tattoo would be
considered protected speech.
Sexist speech itself is not illegal, but the usual restrictions apply - insulting people is
not protected speech in Germany, see StGB § 185 - 187 (German text).
Only what must be proven to support a defamation claim and the very limits of what is
protected speech in America.
To counteract what he calls the pernicious influence of corporate money in politics (and Gibson's campaign), Eldridge has called for a Constitutional amendment to reverse the Citizens» United Supreme Court decision which found corporate contributions to be a form
of protected speech, as well as a law to require PACs to reveal their funding sources and increased public financing for political campaigns.
It argued the poster was lawful and
protected speech under s. 13 (2) of the Human Rights Code and that by banning the poster, the university infringed its rights.