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Simple English definitions for legal terms

freedom of speech

Read a random definition: law school

A quick definition of freedom of speech:

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.

A more thorough explanation:

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:

  • Obscenity and Indecency: The government can ban media that is considered obscene or child pornography. Indecent speech, which describes or depicts offensive sexual activity, is generally protected, but the government can regulate it on radio and television if there is a compelling reason and it is done in the least restrictive manner.
  • Defamation: Private and public figures can sue someone for making false statements about them. Public figures must prove that the person made the statement with malice, while private figures must prove that the person failed to act with reasonable care.
  • Incitement: Speech that intends to incite violations of the law is not protected under the First Amendment.
  • Fighting words: Speech that is likely to provoke violence or a physical altercation is not protected.

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.

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TaroMilkTea
13:46
peppercorn jackie chan cheese
CynicalPizzaLennon
13:46
who ate philips cheesesteak
TaroMilkTea
13:47
do people actually eat cheez wiz. it feels like people only reference it in movies
@SplitterusClitterus: late October and same here. im a splitter which doesnt bode well for me but also feels ok since I've missed past e waves?
Yeah idk I feel like we’re in a good place
I'm playing law school admissions at like 1600 elo
CynicalPizzaLennon
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ive had 4 decisions this month but i need 5
starfishies
13:51
is mich r wave 2 or 3pm i forget
starfishies
13:51
est
GloveMayBeCooked
13:51
all i need is the nova R and i will start smoking crack
starfishies
13:52
nova needs to do something first for that to happen
GloveMayBeCooked
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18 a
GloveMayBeCooked
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a's on LSD reported
GloveMayBeCooked
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JumpySubsequentDolphin
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LEBRON!!
GloveMayBeCooked
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like i really did all this just to end up with 2 schools that i wouldve gotten into with my fuckin diagnostic lsat
13:57
glove it isn't you it's them
"Biden is the most accomplished president since lbj" y'all really just be comparing anybody to bron
snow
13:58
lmaoooooo
texaslawhopefully
13:58
I think Biden gets far too much hate fwiw
13:59
agree
snow
13:59
joey b was kinda cool at the end. he kinda was the epitome of "if you see me less, im doing more"
14:00
if more rutabaga than man = cool then yes definitely
CynicalPizzaLennon
14:01
i wonder if bc is gonna release all the decisions on the same day
14:01
NYU???
14:01
nvm its not from today lol
he gets not enough hate for running for re-election
I think Biden was an ok president, not like the great of all time but like not terrible, just kinda eh
14:03
@windyMagician: one of the most selfish and cynical decisions of all time
starfishies
14:03
from what i saw bc has one huge wave then little ones so the first one is gonna blow the site up hopefully
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