Questions tagged [freedom-of-speech]

The right to communicate without fear of government sanction or censorship. While this right is implied in some countries, it may not be explicit in all of them. For the U.S. see also "first-amendment" tag.

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In the USA, can treason be protected by the First Amendment?

Mildred Gillars was convicted of treason September 10, 1948. As I understand it, first Amendment protects unpopular speech, but is confined and not unlimited. The classic example is that one can not ...
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Contempt of Court Outside of the Court

Recently the following case has been catching eyeballs where Prashant Bhushan a Lawyer in the Supreme Court has been accused of Contempt of Court by making certain tweets. The Supreme Court has held ...
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Can a reporter or journalist record your phone conversation without your notification?

In particular, suppose a reporter or journalist calls a candidate for public office and starts asking questions. Is the reporter allowed to record the conversation? If so, is he required to notify the ...
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When can you file a lawsuit against a “parody” website?

Hypothetically speaking, if someone were to make a website about 4 different lawyers and 2 different firms and promote it as a parody website using elements of breaking bad, better call saul, etc. ...
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Student wearing political shirts in school?

Let's say a student wore a shirt in a New York school that said "I✡️JQ", and the school principal ordered him to stop wearing it because it was offensive and he complied. But later came back ...
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180 views

What is the shortest illegal statement?

In the US, it is a criminal offense to perform the statement "I want to kill the president". However, to simply quote it, as I just did, is permissible; the statement is by itself not ...
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Do mask orders in response to Covid-19 violate the First Amendment?

Not a lawyer, but curious about what lawyers would say. My understanding is that the legal definition of speech is broader than the conventional definition of the term and I would think the ability to ...
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Do you have to answer questions in English when pulled over?

When you have been pulled-over when operating a vehicle on public property (i.e. a highway), do you have to communicate with the officer in English in (Arizona) United States of America? I understand ...
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What are the implications of the new executive order regarding social media?

As I understand it, Trump is planning to issue an executive order that claims some social media platforms are violating the Communication Decency Act Section 230 by not acting in good faith, and as a ...
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Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

A federal judge in Kansas ruled it might be unconstitutional: A federal judge signaled that he believes there's a good chance that Kansas is violating religious freedom and free speech rights with a ...
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Is there a law that requires allegiance or respect to the Office of the President of the United States?

It has become common in America today to hear people refer to the President of the United States as "not-my-president". Is such a statement as saying that the head of our Executive Branch is "not-my-...
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Was Youtube ruled not to be a public forum in this ruling, contradicting another judge decision that another social network is?

In a former ruling for a case a judge argued Donald Trump's Twitter account was a public forum. But recently there was another case, where PragerU media sued Youtube, arguing that they infringed ...
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Are open letters protected by freedom of speech? Any court precedents?

I would like to know if there is legal precedent protecting the freedom of speech in distributing an open letter or something similar. A friend owns a unit in a condominium, and since day one she has ...
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Are there states that don't require having a family name?

I know this session might seem absurd. I don't like the family name appearing in my passport and will likely change it in a bureaucratic procedure in an interior ministry affiliated consulate (...
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Can a social network be sued for violation of freedom of speech if an official government account is banned?

A spanish political party announced they are suing Twitter in Spain and United States for violation of freedom of speech after an account of them was banned. Details of which arguments are going to ...
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Speaking a different language when on trial

If a native English speaking person on trial decides to exercise his right of freedom of speech by speaking in a foreign language (i.e. Chinese), does the court have to hire a translator?
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Freedom of Speech vs. Defamation/Intentional Infliction of Emotional Distress on Social Media

Let's say I bash a NBA player based on his performance on my twitter/facebook saying, "his shooting s****" "he is garbage at defense" "he needs to get out of this team because he is f****** awful" ...
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Is it legal to display Buddhist/Hindu swastikas in Germany?

In Germany, it is illegal to publicly display Nazi symbols, including the swastika. However, the swastika (and its chiral counterpart, the sauwastika) are Buddhist and Hindu religious symbols with ...
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Could a school legally prevent two children from talking during the pledge of allegence?

It's already been settled that schools can not legally require a child to recite the pledge of allegiance in the United States of America, in fact they can't even require a child to stand up for it, ...
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Is or isn't it illegal to reveal a/the whistleblower's name?

According to Politico: But [US Senator Rand] Paul told reporters Tuesday he is "more than willing to and probably will at some point" name the whistleblower. "There is no law ...
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Submitting list of forbidden words

How can I submit a list of forbidden words and paying for it to make it officially forbidden for anyone to talk about it to me directly? This could help people suffering from an injury.
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Public Forum: Public street through Private Property in CA?

I speak the Gospel publicly in California in traditional public forums. There is a movie theater on privately owned property, along with other businesses and office buildings, that has a publicly ...
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Can people criticize the Imperial Family in Japan?

Can people criticize the Imperial Family in Japan? I can't find a case or article about law, people in prison, or deportation of a foreigner for criticizing the Imperial Family.
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Does the part of the First Amendment about Free Speech apply to non citizens everywhere?

The question is very simple: does the free speech protection provided by the First Amendment apply to non US citizens and does it apply anywhere, outside US territory, protecting these people as ...
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What does case law say about nonprofit Members' rights to campaign/free speech?

A Nonprofit organization (corporation) is formed on a Membership basis. That means Members elect a Board of Directors. The Members, naturally, need to be able to freely discuss the affairs of the ...
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How is it legal for the US miltary to decide to help a film maker based on the script?

According to this article on TV Tropes and this article in The Guardian, the US military will provide facilities to film makers, as well as advice to help them get the details right. However this is ...
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How much is intentionality relevant to specific crime(s) in the US?

Let's say, person A who is not fluent in English, calls somebody else (B) by a derogatory or racist name or names, which might generally fall under some law restricting such speech (eg. hate speech) ...
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Does the European Convention on Human Rights protect from infringements arising as a result of exercising rights in conjunction?

I was reading the cases of Modinos v. Cryprus and Pay v United Kingdom, and am confused regarding the interaction of Article 8 private life & Article 10 freedom of expression. In Modinos v ...
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Although there are conflicting claims about what happened on June 4th, 1989 in Tiananmen Square

... the government of China doesn't claim that nothing happened. There is an official narrative, including the claim that soldiers working for the government of China were victims of protesters. ...
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Why is nudity prohibited on dating sites / social media?

It seems like all big social media sites and dating apps prohibit users from uploading photos containing nudity. Is there a legal motivation for that?
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Can an employer reprimand an employee for posting negative reviews on social media?

If an employee posts on social media that a company is bad to work for, can they get fired or reprimanded for it? What if they gave specific examples, like how the employer reduced their wage without ...
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Freedom of speech in court (defendant)

Based on the example of Ed Rosenthal there's something about freedom of speech that's puzzling me: According to the article and to what I've read about the case, a defendant in court has been denied ...
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Can the government force you to change your license plate?

There was an interesting story on hacker news today: A man with the vanity plate NULL ended up gettings thousands of dollars of parking tickets because of a computer glitch. When he complained about ...
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Is the cop right? Is it OK to harass people, but only as long as it's non-sexual?

(The protagonist of this clip, the "bagel guy", went viral recently in someone else's video) In this Youtube video (now removed, Twitter copy) a cop tells him it's not illegal to harass people, but ...
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Does using a spell checker online mean I'm automated and required to disclose myself as a bot to California?

Stewart's test for obscenity: "I know it when I see it", comes to mind when I read articles about Californias bot disclosure law. Specifically, I wonder what makes me a bot? Under the ...
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Ontario Human Rights Code vs. Canadian Human Rights Act and whether either compel speech

My first question is what's the difference between the Canadian Human Rights Act and the Ontario Human Rights Code? Is one simply federal and the other state law? Also, I was reading the following ...
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Is it illegal in the United States for a journalist to take photographs of a letter of correspondence with a foreign official?

This was inspired by this question asked on Politics.SE here: https://politics.stackexchange.com/questions/42357/can-a-us-president-have-someone-sent-to-prison and the linked incident: https://www....
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What do “constitutional” and “unconstitutional” really mean in the US?

People in the US often talk about how some laws, decisions, ruling, executive orders are "unconstitutional", but what does that word mean? Does "constitutional" mean "obeying only the Constitution", ...
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Is there a way to hold someone criminally liable for the factual veracity of statements made outside of court or other official proceeding?

I am not talking about criminal libel or defamation in jurisdiction where such a thing exists - rather, is there a modern equivalent of an oath ? Can a talk show host for example ask an interviewee ...
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Is making a public comment about a girl's breasts illegal?

From a Washington Post's article about Columbine HS: A similar event happened at a Columbine wrestling match at Arvada High School. Pyne, "in front of everyone," said Harwick, broadcast to all ...
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Are private social-media companies violating our Free Speech rights?

There's been a lot of talk about social media companies like Facebook, and their occasional removal of user content. This removal is unilateral and not subject to any sort of judicial review, so it's ...
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Is the 21st century's idea of “freedom of speech” based on precedent?

Reading the first amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the first amendment does not say anything about companies limiting it, or ...
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GDPR: Can a website not process personal data?

I want to have a website where I publish my own articles. When a user requests a webpage, I receive an HTTP request from their browser, which contains the IP. Now, for a split second while the ...
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Do some U.S. states' constitutions interpret the U.S. Constitution's First Amendment differently?

Do some U.S. states' constitutions interpret the U.S. Constitution's First Amendment differently? If so, what do they say?
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Does the U.S. Constitution's First Ammendment protect false speech?

Does the U.S. Constitution's First Ammendment protect false speech? In other words, does it give a citizen or the press a right to spread falsehoods publicly?
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What makes laws against wearing masks constitutional?

Related to this question, "Does a statute of limitation apply to Virginia's mask law?"; how does the law in question pass constitutional muster? The law states: It shall be unlawful for any person ...
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Is it illegal to view voyeur videos

I basically have 3 questions 1) Is it legal to view voyeuristic videos of women changing or showering that were filmed without their consent on the internet as long as the woman in question is over ...
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Companies discriminating based off Political Views? Similarity to Religious Views?

There are frequently reports of companies that are refusing to serve customers who support a certain political party (so a company run by Democrats refuses to accept a Trump supporter as a customer or ...
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Can I object to a flight attendant praising TV characters for 5 minutes?

During a domestic flight, one of the flight attendants started making rather annoying praises of them being a fan of Disney and Mickey Mouse, Mickey Mouse' birthday, and asking whether anyone was ...
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Is the removal of Jim Acosta's White House press pass a violation of the 1st Amendment?

Jim Acosta of CNN asked President Trump a question. Trump ordered him to put the mike down, and a young intern tried to take it off him. Acosta's press pass was subsequently revoked. Let's assume the ...