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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 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 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 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 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 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) 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…
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…
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, 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,…