Albert Krantz v. City of Fort Smith – 1st Amendment
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…
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Actual Malice
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…
State of Iowa v. William James Fratzke – 1st Amendment
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…
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Perjury
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…
Libel and Slander – 1st Amendment
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…
Fair Use – 1st Amendment
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…
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…