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Imminent Lawless Action
"Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the United States Supreme Court case ''Brandenburg v. Ohio.'' History ''Brandenburg'' clarified what constituted a "clear and present danger", the standard established by ''Schenck v. United States'' (1919), and overruled '' Whitney v. California'' (1927), which had held that speech that merely advocated violence could be made illegal. Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in '' Hess v. Indiana'' (1973) in which the court found that Hess's words were protected under "his rights to free speech",''Hess ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Shouting Fire In A Crowded Theater
"Shouting ''fire'' in a crowded theater" is a popular analogy for speech or actions whose principal purpose is to create panic, and in particular for speech or actions which may for that reason be thought to be outside the scope of free speech protections. The phrase is a paraphrasing of a dictum, or non-binding statement, from Justice Oliver Wendell Holmes, Jr.'s opinion in the United States Supreme Court case ''Schenck v. United States'' in 1919, which held that the defendant's speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution. The case was later partially overturned by ''Brandenburg v. Ohio'' in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot). The paraphrasing differs from Holmes's original wording in that it typically does not include the word ''falsely'', while also adding the word "crowded" ...
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Illegal Speech In The United States
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals o ...
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Terminiello V
''Terminiello v. City of Chicago'', 337 U.S. 1 (1949), was a case in which the Supreme Court of the United States held that a "breach of peace" ordinance of the City of Chicago that banned speech that "stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance" was unconstitutional under the First and Fourteenth Amendments to the United States Constitution.. Background Arthur Terminiello, a Catholic priest under suspension, gave a speech to the Christian Veterans of America in which he criticized various racial groups and made a number of inflammatory comments. There were approximately 800 people present in the auditorium during the speech and a crowd of approximately 1,000 people outside, protesting the speech. The Chicago Police Department was present, but was unable to maintain order completely. Terminiello was later assessed a fine of 100 dollars for violation of Chicago's breach of peace ordinance, which he appealed. Both the ...
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Sacher V
Sacher is a surname. Origins can be traced back to Germany. Notable people with the surname include: *Franz Sacher, Austrian baker **Hotel Sacher, a five-star hotel in Vienna *Harry Sacher, British Zionist and lawyer *Lara Sacher, Australian actress *Paul Sacher, Swiss conductor, patron and impresario *Sarolta Zalatnay (born Charlotte Sacher, 1947), Hungarian singer * Helmut Sacher, German painter See also *Leopold von Sacher-Masoch Leopold Ritter von Sacher-Masoch (; 27 January 1836 – 9 March 1895) was an Austrian nobleman, writer and journalist, who gained renown for his romantic stories of Galician life. The term ''masochism'' is derived from his name, invented by h ..., Austrian writer and journalist {{surname, Sacher German-language surnames ...
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Masses Publishing Co
Mass is the quantity of matter in a physical body and a measure of the body's inertia. Mass or Maß may also refer to: Arts, entertainment, and media Music * Mass (music), a choral composition that sets liturgical text to music * ''Mass'' (Stravinsky), a composition by Igor Stravinsky * ''Mass'' (Bernstein), a musical theater work by Leonard Bernstein *Mass (English band), a post-punk band * ''Mass'' (Grotus album), 1996 * ''Mass'' (Alastair Galbraith album), 2011 * ''Mass'' (The Gazette album), 2021 * ''The Mass'' (album), by musical project Era Other uses in arts, entertainment, and media * ''Mass'' (2004 film), Indian Telugu-language film * ''Mass'' (2021 film), American drama film * ''Mass'' (novel), a 1973 novel by Filipino author F. Sionil José * Mass media, communication channels which can reach huge numbers of people * ''The Masses'', a socialist magazine published in the US from 1911 to 1917 Military *MASS (decoy system), a naval defence system *M26 Modular Accessor ...
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Feiner V
The surname Feiner may refer to: *Irving Feiner, plaintiff in Feiner v. New York *Leon Feiner, Polish-Jewish lawyer, political activist *Michael Feiner, Swedish musician *Steven K. Feiner, American computer scientist * William Feiner, German Jesuit missionary *Yehiel Feiner, birth name of Yehiel De-Nur Yehiel De-Nur (; ''De-Nur'' means 'of the fire' in Aramaic language, Aramaic; also Romanized ''Dinoor, Di-Nur''), also known by his pen name Ka-Tsetnik 135633, born Yehiel Feiner (16 May 1909 – 17 July 2001), was a Jewish writer and Holocaust s ..., Jewish writer, Holocaust survivor See also * {{surname, Feiner German-language surnames Yiddish-language surnames ...
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Chaplinsky V
''Chaplinsky v. New Hampshire'', 315 U.S. 568 (1942), was a landmark decision of the US Supreme Court in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech. Background On April 6, 1940, Walter Chaplinsky, a Jehovah's Witness, was using the public sidewalk as a pulpit in downtown Rochester, passing out pamphlets and calling organized religion a "racket". After a large crowd had begun blocking the roads and generally causing a scene, a police officer removed Chaplinsky to take him to police headquarters. Upon seeing the town marshal (who had returned to the scene after warning Chaplinsky earlier to keep it down and avoid causing a commotion), Chaplinsky attacked the marshal verbally. He was then arrested. The complaint against Chaplinsky stated that he shouted: "You are a God-damned racketeer" and "a damned Fascist". Chaplinsky admitted that he said the words charged in the complaint, with the exception of ...
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Abrams V
Abrams may refer to: * Abrams (surname), a list of notable people with the surname * '' Abrams v. United States'', 250 U.S. 616 (1919), U.S. Supreme Court decision regarding free speech during times of war * M1 Abrams, main battle tank * Abrams, Wisconsin, U.S. town * Abrams (community), Wisconsin, US unincorporated community * Abrams Air Craft Corporation, aircraft manufacturer in the United States * Abrams Books, U.S. publishing house * ''Abrams Discoveries'', a non-fiction book series published by Harry N. Abrams See also * Abram (other) * Abramson (surname) Abramson is a variation of a patronymic surname, meaning "son of Abram (or Abraham)", the Biblical figure. It is most prevalent among American Jews. People named "Abramson" include: * Abraham Abramson (1752 or 1754–1811), Prussian coiner * ... * Abrahams (surname) {{Disambiguation ...
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Threatening The President Of The United States
Threatening the president of the United States is a federal felony under United States Code Title 18, Section 871. It consists of knowingly and willfully mailing or otherwise making "any threat to take the life of, to kidnap, or to inflict great bodily harm upon the president of the United States". The law also includes presidential candidates, vice presidents, and former presidents. The Secret Service investigates suspected violations of this law and monitors those who have a history of threatening the president. Threatening the president is considered a political offense. Immigrants who commit this crime can be deported. Because the offense consists of pure speech, the courts have issued rulings attempting to balance the government's interest in protecting the president with free speech rights under the First Amendment. According to the book ''Stalking, Threatening, and Attacking Public Figures'', "Hundreds of celebrity howlers threaten the president of the United States every ...
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List Of United States Supreme Court Cases, Volume 395
This is a list of all the United States Supreme Court cases from volume 395 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 395 1969 in United States case law ...
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