by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is Obscene Speech? Obscene speech or obscene expressions are those that appeal to the prurient interest. Such expressions are deemed harmful to the community. Determine what is Obscene Speech? There is no standard definition of obscenity; rather, courts determine...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What are Fighting Words? Fighting words are those deemed likely to immediately incite violence by listeners. Determine if Speech is Fighting Words? An important requirement for an expression to constitute fighting words is that the threat of violence be immediate....
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is Commercial Speech? Commercial speech is any speech related to a business entity, brand, practice, or product. Commercial speech is only partially protected under the 1st Amendment from infringement by Government law or action. How is Commercial Speech...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is Defamation under the 1st Amendment? Defamation is the publication (open communication) of false statements about others that will knowingly subject that person’s character to ridicule or disrepute. Types of defamation include libel, slander, and trade...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is Political Speech? Political speech includes any form of speech concerning politics, including the spending or donation of money to political campaigns or undertaking political activism. Individuals and corporations are entitled to only limited protection of...
by Jason M. Gordon | Feb 23, 2025 | Government, Legal System, Administrative Law, & Constitutional Law
What is Overbreadth of a Law? An overbroad law is one that affects or regulates more conduct than is intended to be regulated by the statute or regulation. A law that affects an individual’s freedom of speech potentially violates the individual’s rights...
