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…
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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…
18 U.S. Code § 241 – Conspiracy against rights Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate a person in the…
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,…
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…