Rights
Rights What is a right, and where does it come from? A right is a power or privilege that is recognized by tradition or law. Natural or human rights are…
Fair Use – 1st Amendment
Fair Use – 1st Amendment Fact: Fair use is a right that accommodates the First Amendment. Fact: The US Constitution clearly states that the purpose of the intellectual property system…
14th Amendment
4th Amendment
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Tort
18 U.S. Code § 241 – Conspiracy against rights
18 U.S. Code § 241 – Conspiracy against rights Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the…
CounterSpeech Doctrine – 1st Amendment
CounterSpeech Doctrine – 1st Amendment The counterspeech doctrine posits that the proper response to negative speech is to counter it with positive expression. It derives from the theory that audiences,…
Fair Report Privilege – 1st Amendment
Fair Report Privilege – 1st Amendment The fair report privilege is a widely recognized, state-law defense to defamation actions provided to journalists when they report on or republish defamatory statements…
Expressive Conduct – 1st Amendment
Expressive Conduct – 1st Amendment Expressive conduct is behavior designed to convey a message; its function as speech means that it has increasingly been protected by the First Amendment. Two…
Content Neutral – 1st Amendment
Content Neutral – 1st Amendment Content neutral refers to laws that apply to all expression without regard to the substance or message of the expression. Such laws generally regulate only…
Rhetorical Hyperbole – 1st Amendment
Rhetorical Hyperbole – 1st Amendment Rhetorical hyperbole is a First Amendment-based doctrine that often provides protection to exaggerated, over-the-top speech in defamation cases. Defined as “extravagant exaggeration employed for rhetorical…
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Prior Restraint
Prior Restraint Prior restraint is a form of censorship that allows the government to review the content of printed materials and prevent their publication. Most scholars believe that the First…
14th Amendment
Corruption Over the Years
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Supreme Court - SCOTUS
Overview of Contract Clause
ArtI.S10.C1.6.1 Overview of Contract Clause Overview of Contract Clause Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and…