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Simple English definitions for legal terms

freedom of speech

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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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12:20
Getting 2 180s back to back is better than one right
ronniedoeslaw
12:26
In all of your research, what minimum LSAT score do you believe gets you into UIC law?
12:27
I remember the last guy on here who was convinced he was gonna get a 180 bc he scored in that range on PTs
12:28
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12:29
ugh someone come rub my bellly
12:33
@esoterica: he wasnt on that grindset mentality. im him
12:34
Im gonna drink so much saratoga water on test day
ParallelAgreeableOrangutan
12:43
@LawOfAchilles: (hiii sorry so slow, am at work) Bloomington is lovely, I loved it as an undergrad and as a 20something non-student.
ParallelAgreeableOrangutan
12:45
If you're outdoorsy, it's nice--obv no coasts or mountains, but two small lakes really close, lots of places you can go on a lowkey hike or camp without paying park fees or anything really
ParallelAgreeableOrangutan
12:47
super bikable, decent food to be had, things to do but not so much that you'll be distracted and never study lol. idk I'm a fan haha, I miss it
lmao I just got the LSAC notif that I'm under review at IU Maurer
ParallelAgreeableOrangutan
13:11
May you have better luck than I did :)
YAYYY JUPITER
@LawOfAchilles: if you like the outdoors, you're gonna love bloomington.
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14:11
Hey guys, are any T14 schools doing tours during the summer?
NosyBeagle
14:24
@NemoPropheta: the lsat was free for you? lucky
14:26
who else piss on the floor during their lsat
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14:35
@NosyBeagle: yeah you just have to be poor and then they let you take it for free twice
NosyBeagle
14:54
ah ok it's a fee waiver. i think ill do that
NosyBeagle
14:54
the test got more expensive since the last time i took it
NosyBeagle
14:54
smh
15:24
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NosyBeagle
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