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clear and present danger test

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Clear and Present Danger Test – 1st Amendment

July 7, 2022 The Truth News

Clear and Present Danger Test Early in the 20th century, the Supreme Court established the clear and present danger test as the predominant standard for determining when speech is protected…

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Uzuegbunam v. Preczewski – 1st & 14th Amendment

July 5, 2022 The Truth News

Uzuegbunam v. Preczewski (2021) Not every constitutional violation has a remedy, but courts can expand or restrict rights by their willingness or unwillingness to provide such remedies. In Uzuegbunam v.…

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Albert Krantz v. City of Fort Smith – 1st Amendment

July 3, 2022 The Truth News

Albert Krantz v. City of Fort Smith Eighth Circuit Court of Appeals AKA: Krantz v. City of Fort Smith Albert Krantz v. City of Fort Smith was a 1998 decision…

Actual malice is the legal standard established by the Supreme Court for libel cases to determine when public officials or public figures may recover damages in lawsuits against the news media. The standard came from the case New York Times Co. v. Sullivan (1964) involving this advertisement alleging abuses by the Montgomery police. (The New York Times advertisement that prompted a libel lawsuit by a city commissioner in Montgomery County who oversaw police, via National Archives, public domain)

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Actual Malice

July 2, 2022 The Truth News

Actual Malice Actual malice is the legal standard established by the Supreme Court for libel cases to determine when public officials or public figures may recover damages in lawsuits against…

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State of Iowa v. William James Fratzke – 1st Amendment

June 9, 2022 The Truth News

STATE of Iowa, Appellee, v. William James FRATZKE 446 N.W.2d 781 (1989) STATE of Iowa, Appellee, v. William James FRATZKE, Appellant. No. 88-1613.Supreme Court of Iowa.October 18, 1989.As Corrected October…

Under federal law, perjury is committed when a person “knowingly” attests to or subscribes to statements he or she does not believe are true. Perjured testimony is not protected by the First Amendment, because it undermines the ability of courts to obtain truthful testimony and to effectively administer justice. Alger Hiss, accompanied by his wife Priscilla, leaves Federal Courthouse, New York, June 23, 1949 at the conclusion of his testimony in his perjury trial. Hiss appeared on the stand for the first time in the trial and denied that he ever had been a member of the communist party, or a communist sympathizer. Hiss is charged with having perjured himself last December 15 before a Federal Grand Jury investigating subversive activities. (AP Photo, used with permission from the Associated Press)

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Perjury

June 7, 2022 The Truth News

Perjury Under federal law, perjury is committed when a person “knowingly” attests to or subscribes to statements he or she does not believe are true. Perjured testimony is not protected…

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Libel and Slander – 1st Amendment

June 1, 2022 The Truth News

Libel and Slander – 1st Amendment Defamation is a tort that encompasses false statements of fact that harm another’s reputation. There are two basic categories of defamation: (1) libel and…

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Fair Use – 1st Amendment

May 22, 2022 The Truth News

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…

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CounterSpeech Doctrine – 1st Amendment

May 20, 2022 The Truth News

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,…

The fair report privilege is a state-law defense to defamation claims used by journalists, although the level of protection may vary by state. Under the privilege, a journalist is insulated from a defamation claim when he or she publishes a defamatory comment that was part of official affairs of the government, such as a defamatory comment made about someone during a court trial, or a comment by a city councilperson during a public meeting. (Photo of journalists via flickr by Esther Vargas, CC By-SA. 20.)

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Fair Report Privilege – 1st Amendment

May 18, 2022 The Truth News

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…

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