Sentences with phrase «protected speech under»

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.
Self - help legal software sold directly to consumers for their use is akin to a publication and arguably is protected speech under the First Amendment.
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.
Opinions and rhetorical hyperbole are protected speech under the First Amendment.
The Court is not buying the Defendants arguments in their Motion to Dismiss that their statements are protected speech under the First Amendment, mere «opinion,» «rhetorical hyperbole,» or «fair comment.»
Video games are fully protected speech under the Constitution and receive the same First Amendment protection as books, movies, music and television.
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.
Several attorneys told The News that Paladino's comments are protected speech under the First Amendment.

Not exact matches

A court in San Francisco ruled last week that Google search results are protected by free speech laws under the First Amendment, which means that the company can order its search results any way it sees fit.
The employee filed a lawsuit claiming their speech was protected under California law.
Critics said traffickers used the platform to sell children for sex, however defenders say its ad hosting services are protected under freedom of speech laws.
That means Facebook deletes calls for violence or slurs that may be protected free speech in the U.S. under the First Amendment.
Mr Ngole will argue the decision to exclude him is illegal under the European Convention on Human Rights, which protects freedom of speech and freedom of thought.
The Supreme Court ruled that corporations are protected under the 1st Amendment for campaign contributions (ie free speech) and are the same as individuals under the law.
She insisted that the signs her father was carrying were protected under the free speech and freedom of religion clauses of the First Amendment.
Religion is protected under freedom of speech.
The Court of Appeals ruled that speech is not necessarily protected under the fairness ordinance.
Religious comments and articles are protected under the free speech and free press.
Lawyers for ABC countered in court papers that the lawsuit was a meritless attempt to inhibit free speech, and that the «pink slime» term was the kind of «hyperbolic» language that courts routinely protect under the First Amendment.
In general, free speech is highly protected in the U.S., and perhaps has greater protections than any other right, under the law.
«Under the guise of promoting free speech and protecting individual liberties, it tramples on women's rights and undermines our values of freedom and equality,» Cuomo said in a statement.
Regardless of how cruel and loathsome the rhetoric of these fringe groups may be, Legislator Marcotte recognizes that their speech is protected under the first amendment.
That «allows for law enforcement, under the guise of protecting another's reputation, to pursue their personal predilections, regardless (of) whether the impersonated persons complained to law enforcement and regardless of the truth or falsity of the underlying speech,» according to Porter.
Walters and his colleagues sued the city, arguing their firings were in retaliation for engaging in free speech protected under the First Amendment.
The motion itself asks that the court allow LPO candidates be allowed on the ballot and that the LPO remain a legal political party in order to protect the its First and Fourteenth Amendment rights to freedom of political speech and equal protection under the law.
Cuomo sought, in his speech, to reassure New Yorkers that the state would do everything in its power to protect against the possible negative consequences of national policies under a Trump administration.
With that said, any contract an author would be forced into that retards their ability to engage in protected free speech, protected under 1st Amendment, is null and void.
But bear in mind that the Constitution doesn't protect everything under every circumstance; it doesn't extend to libel, slander, obscenity, «true threats,» or speech that incites imminent violence or lawbreaking.
P.S.: Compare this 2012 post, «Judge: flashing headlights to warn of speed trap is protected speech [under First Amendment].»
Marc Randazza wrote a brilliant opinion piece for CNN that fought against the grain of populist opinion and so eloquently stated that the shittiest of speech, that which Mr. Limbaugh spews on a daily basis from the mighty KMOX, is protected under the First Amendment.
The written submissions of the intervenors address (a) background on anonymity and its importance to a democratic society (b) international and domestic legal authorities that advocate for protecting anonymous speech under human rights standards and (c) general data retention obligations and how they interfere with anonymity and the rights of privacy and freedom of expression.
Then, in 1977, the U.S. Supreme Court ruled in Bates V. State Bar of Arizona 433 U.S. 350 (1977) that advertising was commercial speech protected under the First Amendment.
«Both gestures are protected expressions under the First Amendment, unless they fall within a narrowly limited category of unprotected speech such as obscene speech or fighting words.»
Therefore, as in Terminiello and Edwards, the conviction under this statute must be reversed, as the statute is unconstitutional in that it sweeps within its broad scope activities that are constitutionally protected free speech and assembly.
The appellants argued that statements made during council meetings are akin to statements made in the federal and provincial parliaments and should be protected by way of a similar speech immunity.8 The absolute privilege enjoyed by members of the legislatures and Parliament, encompassed under the umbrella of «parliamentary privilege,» secures the right of parliamentarians to speak and debate freely in parliamentary proceedings with immunity from civil or criminal action.
According to Sunstein, the robust protection now afforded to political speech protected as free speech (under the «clear and present danger» test) came about in the «I am your father» decisions of New York Times v. Sullivan (1964) and Brandenburg v. Ohio (1969), revisiting the meaning of the First Amendment and rethinking the law that had come before it.
The District Court ruled that lawyer advertising is protected commercial speech under the First Amendment and that the Florida Bar failed to provide any factual support that television and radio advertising of past results is inherently misleading.
Defendant moved to dismiss under California's anti-SLAPP statute which, among other things, protects speech that is a matter of public concern.
Manchester commercial litigation partner and litigation department chair Scott O'Connell authored this article about recent cases in New Hampshire Superior Court regarding the types of free speech protected under the constitution.
In concluding that Hit Man is protected «advocacy,» the district court appears to have misperceived the nature of the speech that the Supreme Court held in Brandenburg is protected under the First Amendment.
The work examines what responsibility intermediaries like Google, Facebook or Twitter have for user - generated defamatory content under current law, and what changes should be made to better reflect blameworthiness and protect free speech.
«What's not in the judgment is my concern: a comedian comes under attack, claims protection under the Charter of Rights, and there's no adjudication on whether this is protected speech or whether discrimination is a reasonable limit on the expression of a comedian on stage,» Millar said in an interview.
Comparative advertising is routinely protected under the courts as free speech... as long as the truth is being presented.
Creating laws about what is and is not «real news» is tricky, since a clumsily worded law could threaten to stifle parody and other important forms of political speech protected under the First Amendment.
In a landmark 2011 decision, the Supreme Court ruled that California could not ban the sale of violent games to anyone under 18, effectively giving games the same protected free speech status as movies and music.
Under that precedent, the rule barring Planned Parenthood providers from the Women's Health Program violates their First Amendment rights to speech and association because it bars their participation in that program due to their constitutionally protected conduct in which they engage using only their own private funds.
But under the nation's federal system of government, each state has ratified its own constitution, and the U.S. Supreme Court noted in the Pruneyard decision that individual state constitutions may protect freedom of speech on private mall property.
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