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,…
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…
Content Neutral – 1st Amendment
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…
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First Amendment
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,…
Rhetorical Hyperbole – 1st Amendment
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…
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Prior Restraint
Prior Restraint Prior restraint is a form of censorship that allows the government to review the content of printed materials and prevent their publication. Most scholars believe that the First…
Content Based – 1st Amendment
Content Based – 1st Amendment A content-based law or regulation discriminates against speech based on the substance of what it communicates. In contrast, a content-neutral law applies to expression without…
Chilling Effect – 1st Amendment
Chilling Effect – 1st Amendment Chilling effect is the concept of deterring free speech and association rights protected by the First Amendment as a result of government laws or actions…
Anonymous Speech – 1st Amendment
Anonymous Speech – 1st Amendment Speakers and writers may seek anonymity as protection against prosecution, harassment, abuse and invasions of their privacy. The government and others may seek the identification…
Harmful to Minors Laws – 1st Amendment
Harmful to Minors Laws Harmful-to-minors laws seek to protect minors, generally considered those seventeen and younger, from pornography, obscenity, and other material that may bring harm to them. These laws…