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 ...
ohwilleke's user avatar
  • 214k
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 ...
Jen's user avatar
  • 55.3k
14 votes

I was banned from an online forum. Which law would enable me to force admins to restore my account and issue an apology? (and pin my post to homepage)

Usually you have no remedy. The terms of service of the online forum will usually reserve absolute discretion on the part of the forum administrators to ban you. Free speech rights do not apply to the ...
ohwilleke's user avatar
  • 214k
13 votes

Can legal action reasonably be taken against someone unsavory for endorsing your product/company?

Not directly, but in the situation you describe, there are a number of secondary options: The restaurant can refuse service to anyone for any reason that is not discriminatory against a protected ...
Kevin's user avatar
  • 4,649
11 votes

Does the First Amendment shield the previous president from the August 2023 D.C. Indictments?

The constitutionality of each of the charges is well supported and there is no really viable First Amendment defense to any of them. There is literally a U.S. Justice Department handbook on how to ...
ohwilleke's user avatar
  • 214k
11 votes

I was banned from an online forum. Which law would enable me to force admins to restore my account and issue an apology? (and pin my post to homepage)

There is no such law. Per xkcd:
Allure's user avatar
  • 2,695
8 votes

Is it potentially against the law to publicize libel/slander that someone else made?

canada See Grant v. Torstar Corp., 2009 SCC 61 at para 119: [119] The “repetition rule” holds that repeating a libel has the same legal consequences as originating it. This rule reflects the law’s ...
Jen's user avatar
  • 55.3k
7 votes

I was banned from an online forum. Which law would enable me to force admins to restore my account and issue an apology? (and pin my post to homepage)

You offer 3 ideas: freedom of speech is fundamental human right online forums are categorised as public spaces there should be some statutory right to appeal the ban Of the three, only ONE is true, ...
Trish's user avatar
  • 39.4k
7 votes

Is it legal to place difficult-to-remove deliberately-annoying alarms in a building without permission to do so?

australia There are likely several offences under the Inclosed Lands Protection Act 1901. Under s4 it is unlawful to enter into inclosed lands (which includes all buildings) without the consent of the ...
Dale M's user avatar
  • 209k
7 votes

Can legal action reasonably be taken against someone unsavory for endorsing your product/company?

As a more direct case, maybe the prominent Neo-Nazi bigot is constantly seen frequenting Arby's, leading to people protesting/boycotting Arby's. england-and-wales In this particular scenario, the ...
JBentley's user avatar
  • 8,296
7 votes

Is it illegal to tell others to commit crimes?

In some jurisdictions incitement of an offence was/is itself an offence. england-and-wales Incitement was an offence at common law: A person is guilty of incitement to commit an offence or offences ...
Lag's user avatar
  • 16.9k
6 votes
Accepted

Would or could it be a public order offence (racially/religiously aggravated or otherwise) to burn or mutilate a national flag or a holy scripture?

No in the UK Or, at least, not of itself, but it could be part of a pattern of conduct that is. The Crown Prosecution Service defines a public order offence as an act that involves the use of ...
Dale M's user avatar
  • 209k
6 votes

Why aren't the laws banning Nazi symbols in Australia unconstitutional?

An Australian Constitutional Analysis These laws are not unconstitutional in Australia because Australia's constitution does not expressly protect the freedom of speech or political expression, and ...
ohwilleke's user avatar
  • 214k
6 votes

Can legal action be reasonably taken against someone spoiling your work?

Commentary and Critique are Quintessential Fair Use If your commentary and critique of describing a book you read or a movie you watched makes that book or movie undesirable to the broad public, that ...
Trish's user avatar
  • 39.4k
5 votes
Accepted

What law makes intending to cause harassment alarm and distress an offence in the UK?

Section 4A of the Public Order Act 1986 (which was amended by section 154 of the Criminal Justice and Public Order Act 1994). [F14A Intentional harassment, alarm or distress. (1)A person is guilty of ...
Lag's user avatar
  • 16.9k
5 votes
Accepted

Can harassment alarm or distress that arises simply by virtue of the content of the views expressed being found objectionable by another be offensive?

The question refers to offences under sections 4A or 5 of the Public Order Act 1986, which respectively define the main elements of the offences by: A person is guilty of an offence if, with intent ...
alexg's user avatar
  • 6,335
5 votes

Would or could it be a public order offence (racially/religiously aggravated or otherwise) to burn or mutilate a national flag or a holy scripture?

In the united-states, neither is a crime in and of itself. Texas v. Johnson, 491 U.S. 397 (1989).
bdb484's user avatar
  • 59.3k
5 votes

Does the context of one’s displays of Nazi emblems matter to its legality?

germany Everything I could write is better said in the wikipedia page on the topic. You can see all the links to legal norms, a list of over 100 links to court cases and newspaper articles on the ...
nvoigt's user avatar
  • 7,405
5 votes

Is it illegal to tell others to commit crimes?

canada Criminal Code, s. 22: (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party ...
Jen's user avatar
  • 55.3k
5 votes

Is it illegal to tell others to commit crimes?

germany There is §111 StGB, Whoever publicly [...] calls for the commission of an unlawful act will be punished as for incitement [...]. (my translation) which references §26 StGB, Whover ...
o.m.'s user avatar
  • 17.7k
4 votes

Can one hold a video playback device in public that shows pornography in the U.S.?

If the pornography is not obscene (see Miller v. California, 413 U.S. 15 (1973)), it receives First Amendment protection. However, First Amendment protection does not preclude restrictions (including ...
Jen's user avatar
  • 55.3k
4 votes

Is the passage of an unconstitutional law "lawless action" for the purpose of First Amendment protection?

It is not illegal for Congress to pass a law, even if the law itself is eventually overturned as unconstitutional. Nor, BTW, is it illegal for a court to enter a ruling that ends up being overturned ...
user6726's user avatar
  • 215k
3 votes

Why aren't the laws banning Nazi symbols in Australia unconstitutional?

austria Obviously I read Austria instead of Australia. Following a hint from @Rick about the advice in the help center - we expect and encourage answers dealing with other jurisdictions - I will ...
Eike Pierstorff's user avatar
3 votes

What law makes intending to cause harassment alarm and distress an offence in the UK?

“Strict liability” means that intent doesn’t matter. What matters is that your behaviour was likely to cause distress etc. whether it did cause distress or not (because that’s what the law says, “...
gnasher729's user avatar
3 votes
Accepted

Are sites that give unfiltered ADS-B data legal?

Section 566 ("RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL SYSTEM", page 3385) of the 2018 FAA Reauthorization Act, the law which created LADD, says, Notwithstanding any other provision ...
Someone's user avatar
  • 17k
3 votes

Is there a bright line for witness, prosecutor & judge intimidation?

The only bright line regards the First Amendment. 18 USC 1512 articulates a line that is not to be crossed, but it is not clear where the line is as regards speech (subsection (a)(1) sets forth a ...
user6726's user avatar
  • 215k
3 votes

What is the legality of France specifically banning all pro-Palestinian protests?

germany In Germany on Friday 13th a lot of pro-Palestinian protests on the same day and Saturday 14th of October 2023 were banned. The ARD did report about the legal situation while various outlets ...
Trish's user avatar
  • 39.4k
3 votes

Is it legal for me to ask people who are applying to work for me if they were in a sorority in college and not hire them if they were?

Your question is basically a thesis statement of why there are anti-discrimination laws: unjustified, stereotyping of a group based on a common characteristic and prejudicial treatment as a result by ...
Dale M's user avatar
  • 209k
3 votes

Is police discretion subject to the Public Sector Equality Duty (PSED)?

Polly is obliged to enforce the law and maintain the peace subject to the orders she receives and her own discretion Some of the things you have described clearly criminal, some aren’t, and some are ...
Dale M's user avatar
  • 209k

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