While the First Amendment protects the right to speech and assembly for even the most heinous groups and ideas, it does not
protect speech if it calls for and is likely to lead to «imminent lawless action.»
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.
Not exact matches
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?
Notably, seven provinces opposed to the legislation, which, «in its drafting,
if not in its intent, had serious and, in the view of the vast majority of witnesses, fatal flaws as to the constitutional violation of sections 92 and 91 of the British North America Act, the Charter of Rights and Freedoms, freedom of
speech, expression and association as
protected by that very Charter of Rights and Freedoms,» Segal said.
I'm reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg's opinion: «A mandate to purchase a particular product would be unconstitutional
if, for example, the edict impermissibly abridged the freedom of
speech, interfered with the free exercise of religion, or infringed on a liberty interest
protected by the Due Process Clause.»
And
if it was for religious differences, then that part of it (not the crime itself) is
protected speech.
Loosely translated, this means that the First Amendment does not
protect, but restricts, free
speech in public schools
if it is religious in nature.
If the Westboro Baptist protests at military funerals is
protected speech, then I fail to see how this isn't.
If the Westboro Baptists should be
protected for spouting their «hate
speech,» then muslims can, and so can atheists.
Freedom of
speech is the realm of the artist who must be
protected especially
if they express ideas that are distasteful to us.
If implementing a policy that restricts political
speech or
speech in front of customers, the policy should provide a carve - out for
speech that may be
protected by Section 7 of the NLRA and other applicable laws.
In a
speech in Sydney on Thursday, Mr Sims will warn Australian firms that the competition watchdog will not
protect them from competition from new players such as Amazon - even
if it means some firms will fail.
Now a death threat isn't
protected speech, and it's not really a parallel case, but I don't think it's right to claim that
if you get pissed off / hurt feelings from criticism, you shouldn't speak out at all.
Ultimately, even
if you are so criticized that you
speech is effectively suppressed, then your legally derived rights don't
protect you from being shouted down by the citizenry, but you are
protected from the government.
«We're saying that these other lawsuits, once the majority members lawyer figured out that the board couldn't attack him on
speech, because it's constitutionally
protected, they wanted to gin up these other groups to come after him, to inflame the record,
if you will,» Vacco said.
If blocking traffic counted as
protected speech, it wouldn't be a crime — and it wouldn't be civil disobedience.
«The first amendment
protects free
speech, but
if you don't have freedom of thought, do you really have freedom of
speech?»
Remember that while your
speech and actions are generally
protected, that doesn't give you indemnity
if you hurt someone or damage their property in the process of your
protected activities.
«
If Congress won't act soon to
protect future generations,» he said in one of the most defiant lines of his
speech, «I will.»
They let their cyclone model compare wind damage with either cyclone management or with hardening strategies to
protect buildings — and find «
if practically feasible and properly implemented, modification could reduce net losses from an intense storm more than hardening structures» [or to translate this to policy
speech, do it equally good at a lower financial cost].
For example
if I were to say «Mann is just an alarmist attack poodle» then according to the standard esposed by the judge, that would be a clear case of
protected free
speech which need not even go to court.
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.
If that were true, it would need to pass strict scrutiny, but you only get to the point where you impose strict scrutiny if the speech itself is actually protected, which solicitation is no
If that were true, it would need to pass strict scrutiny, but you only get to the point where you impose strict scrutiny
if the speech itself is actually protected, which solicitation is no
if the
speech itself is actually
protected, which solicitation is not.
But even
if they were
protected, this bill doesn't actually do anything to limit anyone's
speech.
If a person engages in profane fighting words or utters a true threat with profanity, those words may not be
protected speech.
Thus
if a law is necessary to «
protect health or morality or to defend the rights of other persons», freedom of
speech or freedom of religion can be curtailed.
I realize that there are good reasons to
protect speech even
if one is sure that it's mistaken.
Would such surveillance be necessary
if anonymity in
speech wasn't
protected?
If I lived in Iran, I'd rather have imperfect freedom of
speech that
protected something, but not everything it should, than none at all.
So,
if you lived somewhere like Iran where not having a blasphemy law was politically impossible to achieve, I'd rather have an imperfect right to free
speech that
protected non-religious
speech, than no right to free
speech of any kind.
Remember that while your
speech and actions are generally
protected, that doesn't give you indemnity
if you hurt someone or damage their property in the process of your
protected activities.