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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…
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…
Right to Record Government Officials Engaged in the Exercise of their Official Duties Right to record government officials in public A growing consensus of courts have recognized a constitutional right…
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…
Veteran sues after being arrested for holding ‘God bless the homeless vets’ sign Veteran sues police over alleged violation of First Amendment rights: ‘I have been harassed, trespassed, handcuffed and…
Bartnicki v. Vopper (2001) – 1st Amendment – Privacy Legal Principle at Issue Whether publication of lawfully obtained communications that had been recorded by an illegal wiretap is protected by…
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,…