84
votes
Accepted
What is the legal distinction between Twitter banning Trump and Trump blocking individuals?
Trump was an officer of the government, and Twitter wasn't. The First Amendment forbids the government and its agents from viewpoint discrimination, but private companies are not bound by it and can ...
- 31.1k
69
votes
Can Tucker Carlson be penalized or punished by the US government?
The first amendment to the US constitution says:
Congress shall make no law [...] abridging the freedom of speech, or of the press; [...]
This constitutional hurdle is a very high obstacle to ...
- 7,759
49
votes
Accepted
Does a private citizen in the US have the right to make a "Contact the Police" poster?
There is no law against a person creating and distributing such a poster, to the best of my knowledge. However such a poster pretty clearly implies that the person shown is guilty of a crime, or at ...
- 115k
45
votes
Accepted
Does the First Amendment protect deliberately publicizing the incorrect date for an election?
See Minnestoa Voters Alliance v. Mansky, 585 U.S. ___ (2018):
the State may prohibit
messages intended to mislead voters about voting requirements and
procedures
See also People v. Burkman, ___ N.W. ...
- 72.6k
44
votes
Is it really legal to knowingly lie in public as a public figure?
That really depends what they lie about
In the United States, there's no general law against lying. The fact that a statement is false doesn't inherently strip it of protection under the first ...
- 10.3k
43
votes
University prohibits professors from testifying
It’s important to bear in mind that there is a difference between expert witnesses and witnesses of fact: expert witnesses must consent to testify (with or without payment), witnesses of fact can be ...
- 226k
40
votes
Accepted
Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?
The First Amendment controls in the US, so it does not matter if this is Idaho or Berkeley CA. This is clearly an expression of a political viewpoint, which is protected by the First Amendment. Any ...
- 217k
39
votes
Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?
Let me paint you a picture. It's April 26, 1968. We're in the corridors of an LA courthouse. Paul Robert Cohen is wearing a leather jacket, upon which he has written in white lettering 3 words. Some ...
- 45.2k
38
votes
Accepted
If a moderator of an online forum edits my post to say something illegal, how could I prove I didn't write the incriminating message?
You do not have to. The burden of proof is on the prosecution to prove that you made the threat. Reasonable doubt exists in the circumstances that you describe, that there are no logs of who accessed ...
- 217k
36
votes
In the USA, can treason be protected by the First Amendment?
It might be more helpful to reverse the analogy.
Unprotected speech is a box, and everything that doesn't fit inside the box is free speech.
The box is small and strangely shaped, and therefore, very ...
- 61.8k
35
votes
Accepted
Can people criticize the Imperial Family in Japan?
Yes
The 1947 constitution abolished Lèse majesté in Japan.
- 226k
35
votes
Wouldn't the ban of TikTok violate freedom of speech?
In the case of a proposed TikTok ban (at least by the U.S., other country's reasons may vary), the ban is not primarily directed at the content provided by the TikTok users. Indeed, generally, ...
- 239k
34
votes
Accepted
Can legal action reasonably be taken against someone unsavory for endorsing your product/company?
My question is, does the company have any legal action they can
reasonably take against the unsavory person?
No. Free speech entitles someone to endorse anything they want. Defamation is an exception ...
- 239k
33
votes
Accepted
Was the recent ruling against Jordan Peterson an infringement of his free speech?
Everyone agreed that the decision of the College of Psychologists of Ontario impacted Peterson's freedom of expression. The College's decision itself said this. The question was whether the College ...
- 72.6k
32
votes
Can I put up a joke sign on my private land that reads "Active Minefield"?
My alternative is to put up a sign "Keep Out: Testing Lasers from
Space" which is a derivative of this idea and (IMO) would be
considered humor. I know there is a line, how and where is that ...
- 239k
31
votes
Can Tucker Carlson be penalized or punished by the US government?
what are the chances of the US government sanctioning Tucker Carlson
and can it actually be done?
Nil.
The memo does not allege collusion with Russia or any other foreign power, or working as its ...
- 239k
31
votes
Can a person be compelled to violate their religious beliefs if those beliefs are racist?
Can a person be compelled to violate their religious beliefs if those beliefs are racist?
Yes. Masterpiece Cakeshop does not hold that the right of free of religion or the right of free expression ...
- 40.1k
30
votes
Is it prohibited to mock the LGBT community in France?
Mockery is allowed; hate speech isn’t
While freedom of speech is guaranteed under French law it does have limits. Since 2004, these limits have applied to gender and sexuality.
Mockery is contemptuous ...
- 226k
28
votes
Is it illegal for a US voter to disclose their ballot choices?
Short answer: It depends on the state and exactly how you do so. Stating how you voted, by itself, is fine; however, taking a photo of your ballot instead of just saying how you voted is illegal in ...
- 10.3k
28
votes
Can I deny people entry to a political rally I co-organise?
This would seem to fall under "negative" freedom of association; that is, the freedom to not associate with certain other people.
This article discusses the matter in the context of ...
- 14k
27
votes
If Section 230 is repealed, are aggregators merely forced into a role of distributors rather than indemnified publishers?
you can still have a free and open moderation-free internet in a post-Sec 230 world
Sure, but remember what moderation-free means: no moderation whatsoever. That means no removal of offensive ...
- 10.3k
27
votes
Accepted
Can you get sued for producing excessively violent materials in the form of a book, movie or video game in the U.S.?
You cannot be successfully sued nor charged with a crime in the US merely because a movie, book, or other work is violent. Consider the rape scenes in the movie Deliverance, or John Hersey's The Wall,...
- 115k
27
votes
Accepted
Legal jeopardy for advocating assassination of an unspecified evil leader?
In the United States, at least, it's quite clear that merely arguing that the assassination of a leader would be a good policy decision is protected by the First Amendment.
The United States Supreme ...
- 61.8k
26
votes
Does a private citizen in the US have the right to make a "Contact the Police" poster?
This is entirely legal and commonly done.
The risk of defamation liability to the suspect is minimal. Under New York Times v. Sullivan 376 U.S. 254 (1964) and related cases, to prevail in defamation ...
- 239k
26
votes
Accepted
Is it legal under Czech and EU legal system to punish people with prison sentences for publicly expressing their political views?
For a challenge under the European Convention on Human Rights (to which Czechia is a signatory) the relevant articles are 10 and 17. Article 10, on the right to free expression, has the caveat that it:...
- 806
24
votes
Accepted
Can an "FBI domain seizure" April Fools joke land you in jail?
I can't comment on what the legal situation would be in your home country, but as a matter of U.S. law, the hypothetical scenario you've described is not illegal.
First, because you aren't a U.S. ...
- 61.8k
24
votes
If a moderator of an online forum edits my post to say something illegal, how could I prove I didn't write the incriminating message?
You're describing an attempt to incriminate you for a crime you didn't commit. This isn't unique to the Internet.
While in most countries with rule of law the prosecution needs to prove your guilt to ...
- 496
23
votes
Accepted
What is the status of songs that glorify illegal activity in different countries?
What is the status of songs that glorify illegal activity in different countries?
germany Depends on the crime and the lyrics. For historical reasons, glorifying genocide is banned. Calling for ...
- 20.5k
22
votes
Is it considered harrassment in the US to call a black man the N-word?
The spectrum of "illegal" is broad. One way in which racial epithets are (indirectly) illegal is via anti-discrimination laws, indeed labeled "harassment" by the EEOC
Harassment ...
- 217k
22
votes
Accepted
Legality of busking a song with copyrighted melody but using different lyrics to deliver a message
A song with the same melody and different lyrics is a derivative work. It does not matter whether the song is to be sung for money, or not. The copyright owner still retains the rights to the melody, ...
- 571
Only top scored, non community-wiki answers of a minimum length are eligible