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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…
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 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 is the concept of deterring free speech and association rights protected by the First Amendment as a result of government laws or actions…
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,…
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, 458 U.S. 747 (1982), is the foundational decision in which the Supreme Court…
Anonymous Speech – 1st Amendment Speakers and writers may seek anonymity as protection against prosecution, harassment, abuse and invasions of their privacy. The government and others may seek the identification…
Communications Decency Act of 1996 (1996) Congress enacted the Communications Decency Act (CDA) as Title V of the Telecommunications Act of 1996 in an attempt to prevent minors from gaining…
Sable Communications of California v. Federal Communications Commission (1989) In Sable Communications of California v. Federal Communications Commission, 492 U.S. 115 (1989), the Supreme Court established the principle that indecent…