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…
Reno v. American Civil Liberties Union (1997) – 1st Amendment
Reno v. American Civil Liberties Union (1997) In Reno v. American Civil Liberties Union, 521 U.S.844 (1997), the Supreme Court held in a unanimous decision that provisions of the 1996…
How to Beat Down ANY Adversary!
How to Beat Down ANY Adversary! Never be afraid of any adversary regardless of their rank, regardless of their powers and regardless of the risks, never be afraid of ridicule…
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…
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First Amendment
The First Amendment – Amendment I The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech,…
State of Nebraska v. Darren J. Drahota
STATE of Nebraska, appellee, v. Darren J. DRAHOTA, appellant. 788 N.W.2d 796 (2010)280 Neb. 627 STATE of Nebraska, appellee, v. Darren J. DRAHOTA, appellant. No. S-08-628.Supreme Court of Nebraska.September 24,…
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…