Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

freedom of speech

Read a random definition: National Association of Realtors

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.

Freedom of Information Act (FOIA) | freehold

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
20:19
all too common. big cities are known for rampant corruption but let it be known the small towners are just if, if not more guilty, graft, structures, etc
Dkk
20:38
They gotta keep these animals in line. Gotta keep the lower classes subservient. 0 evolutionary pressure should be exerted on the ruling class.
20:47
berk rd next monday 12/16 im calling it
@Dkk: lolol good to see i’m not alone in abandoning social democracy
@Eggan: yessss eggan A plus gift aid
babycat
20:51
it’s so cold here we lowkey too sleepy to go out
babycat
20:54
zzzzzzz
Dkk
20:55
Wow, well have a pizza party I guess then
Dkk
21:42
Person in front of me is on tinder and driving and I am on LSD
jackfrost11770
21:54
just dont tell the cops ur on lsd while driving
jackfrost11770
21:54
they might not like that i fear
babycat
22:04
nvm we going out
berk plz
pull through next monday
jackfrost11770
22:34
i'm so fucked my phone still isn't charging
Dkk
22:40
I made a cop cery today cus I acted like I was gunna run a left turn red light and I didn't literally saw him get visibly angry in his car.
Dkk
22:41
cry*
babycat
23:54
jungle juice four loko
babycat
0:19
hiiiiiiiii
0:30
nyelllo
Dkk
0:31
Hello
Dkk
0:31
Ask the bartender for a jungle bird
Dkk
0:32
Oh you know what. If drinking a four loko, probably not at a bar.
Dkk
0:32
What am I thinking.
Dkk
0:33
Wow are people gunna join mr on the night shift today? Watching Major Payne rn.
babycat
0:33
i’m fucked up in da hotel room
babycat
0:33
how the hell are we sleeping bro
Dkk
0:42
Idk but I got 4 more hours to burn before I sleep.
Dkk
0:42
Good luck and have fun trying!
CynicalOops
1:11
@babycat: real
LSD+ is ad-free, with DMs, discounts, case briefs & more.