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…
Content Based – 1st Amendment
Content Based – 1st Amendment A content-based law or regulation discriminates against speech based on the substance of what it communicates. In contrast, a content-neutral law applies to expression without…
Chilling Effect – 1st Amendment
Chilling Effect – 1st Amendment Chilling effect is the concept of deterring free speech and association rights protected by the First Amendment as a result of government laws or actions…
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👎Immunity Fails
The Federal False Claims Act
The Federal False Claims Act The Federal False Claims Act is one of the federal government’s most powerful tools in combating government fraud. The law originated during the Civil War,…
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👎Immunity Fails
Civil actions for false claims – 31 U.S. Code § 3730
Civil actions for false claims – 31 U.S. Code § 3730 (a)Responsibilities of the Attorney General.— The Attorney General diligently shall investigate a violation under section 3729. If the Attorney…
New York v. Ferber (1982) – 1st Amendment – Obscene NOT NECESSARY For Kids!
New York v. Ferber (1982) – 1st Amendment Obscene NOT NECESSARY For Kids! New York v. Ferber, 458 U.S. 747 (1982), is the foundational decision in which the Supreme Court…