Simple English definitions for legal terms
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Freedom of speech means that people have the right to say what they think and share their ideas without getting in trouble with the government. This is protected by the First Amendment. However, there are some situations where the government can limit speech, like if it's obscene or indecent, defamatory, or incites violence. Private companies and employers can also limit speech on their platforms and in their workplaces. This means that while people have the right to speak their minds, they also need to be responsible and respectful of others.
Freedom of speech is the right to express your thoughts and opinions without being punished by the government. The First Amendment of the United States Constitution protects this right by preventing Congress from making laws that limit freedom of speech.
However, there are some circumstances where the government can restrict speech. For example:
It's important to note that private entities, such as companies and private employers, can regulate speech on their platforms and within their workplace since the First Amendment only applies to the government. For example, Facebook, Instagram, and Twitter were able to ban President Donald Trump from their sites in 2021 without legal repercussion.
In the case Manhattan Community Access Corporation v. Halleck, the Supreme Court affirmed that private entities are not restricted by the First Amendment. Manhattan Neighborhood Network, a nonprofit that operates public access channels in Manhattan, suspended two employees after receiving complaints about a film they produced. The employees argued that this was a violation of their First Amendment rights, but the Supreme Court held that the nonprofit couldn't be subjected to the First Amendment since it was not a government entity or a state actor.
Similarly, in Nyabwa v. Facebook, the Southern District of Texas affirmed that private entities are not subject to the First Amendment. The plaintiff sued Facebook for locking his account after he spoke about President Donald Trump's business conflicts of interest. The court dismissed the lawsuit, stating that the First Amendment only prevents Congress and other government entities from restricting freedom of speech, not private entities.