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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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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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…
Anonymous Speech – 1st Amendment
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) – 1st Amendment
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) – 1st Amendment
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…
Harmful to Minors Laws – 1st Amendment
Harmful to Minors Laws Harmful-to-minors laws seek to protect minors, generally considered those seventeen and younger, from pornography, obscenity, and other material that may bring harm to them. These laws…
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Public Forum Doctrine
Public Forum Doctrine The public forum doctrine is an analytical tool used in First Amendment jurisprudence to determine the constitutionality of speech restrictions implemented on government property. Courts employ this…