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Hartman v. Moore (2006) – Retaliatory Prosecution Claims Against Government Officials – 1st Amendment By David L. Hudson Jr. Hartman v. Moore, 547 U.S. 250 (2006), is a decision by…
Introducing Digital Evidence in California State Courts A text message is a writing within the meaning of Evidence Code section 250, which may not be admitted in evidence without being…
Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ So the Massachusetts Supreme Judicial Court held Tuesday in Commonwealth v. Bigelow (some paragraph breaks added): It…
Texas v. Johnson – 1st Amendment Summary of a First Amendment Landmark Supreme Court case: Texas v. Johnson 491 U.S. 397 (1989)(link is external) Facts: While the Republican National Convention…
Speech Is Not Violence and Violence Is Not Speech Words may hurt, but treating speech as ‘violence’ only leads to less speech and more violence. College campuses have long been…
THE FIRST AMENDMENT ENCYCLOPEDIA Topics: Legal Terms and Concepts Related to Speech, Press, Assembly, or Petition Actual Malice Actual malice is the legal standard the Supreme Court uses to protect…
Elonis v. United States (2015) – Threats – 1st Amendment In Elonis v. United States 575 US __ (2015), Chief Justice John G. Roberts, Jr. was joined by six justices…
Lozman v. City of Riviera Beach, Florida (2018) 1st Amendment – Retaliation by Government Entity Proceed with Lawsuit Against Government! In the decision of Lozman v. Riviera Beach, Florida, 585…
Counterman v. Colorado – Supreme Court sets higher bar for prosecuting threats under First Amendment justices raising the bar for establishing when a statement is a “true threat” not protected…
Supreme Court unanimously reaffirms: There is “NO HATE SPEECH’ exception to the First Amendment The dispute began when Simon Tam, lead singer of the rock group “The Slants,” sought to…