Questions tagged [freedom-of-speech]
The right to communicate without fear of government sanction or censorship. While this right is implied in some countries, it may not be explicit in all of them. For the U.S. see also "first-amendment" tag.
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What is the current state of U.S. law regarding misleading inducements in shadow banning?
The general idea appears to be that social media companies retain the right to deamplify users' voices, for reasons that may or may not be ethical or sensible. The question is whether users have any ...
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Does a misrepresentation have to be fraudulent in order to be unprotected?
To my understanding, there are two types of misrepresentation: negligent misrepresentation (which is not fraud) and intentional misrepresentation (which is fraud).
Is negligent misrepresentation also ...
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Is a movie resonsible for damages caused to unintentional (but undeniable) likenesses?
Say that a huge blockbuster movie mentions a made-up phone number (xxx) xxx-xxxx for the serial killer villain. Except, it turns out that that phone number is real and points to an ordinary Joe. That ...
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Can a person be compelled to violate their religious beliefs if those beliefs are racist?
On one hand, the US Supreme Court ruled in Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), that private businesses cannot refuse service on the basis of race. On the other hand, it ...
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Can factual information be considered impermissible hate speech if it offends someone?
As I recall, Canada's hate speech laws state that speech need only be "likely to expose a group/person to contempt" to be considered criminal hate speech. Several years ago, I watched a ...
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I want to remove school record that reveal my trans status. Can my complaint use terms which stipulate this without identifying as 'transgender'? [closed]
I live in California and ran track in high school.
During winter break of 10th grade, I began my transition and returned in 2014, facing challenges to be treated equally. My former school was slow to ...
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What would be the elements of the hate crime in the coconut placard case?
The facts as reported are:
On November 11, 37-year-old teacher Marieha Hussain joined thousands of pro-Palestine protesters in London to call for an end to Israel’s war in Gaza.
During the rally, she ...
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Is looking up the lyrics for a song illegal?
I was dumbstruck when I found out today that apparently posting the lyrics to a song is copyright infringement. I literally asked ChatGPT for the lyrics to "Around the World" by Daft Punk, ...
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Appropriate insult under law [closed]
Some countries have laws against insults. However the insult is not illegal if it is a direct response to a similar insult or a response to some publicly available information.
Recently a professor at ...
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Can I get into trouble for posting information about a sex offender?
In the vicinity where I reside in Arizona, a neighbor who is classified as a level 2 sex offender has chosen to establish a towing recovery business operating from his residence. Despite the absence ...
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Can legal action be reasonably taken against someone spoiling your work?
Infamously, when the Fight Club was released, Rosie O'Donnell spoiled a huge plot point on her popular show. The movie hinges tremendously on the spoiler, and Rosie probably damaged the experience for ...
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Can the federal government prohibit the publication of software it does not like?
There's a bill scheduled to pass the House today that imposes a $5,000 fine every time someone updates TikTok from a web service you provide. (It's not clear to me whether this only applies if you are ...
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Is it potentially against the law to publicize libel/slander that someone else made?
Nathan the Nobody makes a statement about how X company is horrible, mistreats its workers, has execs that elicit sex for favours, etc.
A publication (e.g. the New York Times) publishes a huge article ...
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Is it illegal to tell others to commit crimes?
There's "conspiracy", which seems to involve cooperating on a crime, and "solicitation", which at least in some jurisdictions is written to require that specific actions ...
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Is it permissible for online forums to not delete possibly illegal user content unless ordered by a court?
In the United States, as some related answers point out (like this and this), Section 230 (47 U.S.C. § 230) protects online forum providers from both civil and criminal liability for user content they ...
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Is Florida’s ban on social media accounts for minor unconstitutional?
Florida is proposing a ban on social media accounts for children under 16. Is there any similar federal precedent that would render such a ban unconstitutional?
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Can legal action reasonably be taken against someone unsavory for endorsing your product/company?
Advertisers don't want their product/company associated with certain people/content. Which is why a lot of ads don't play on more controversial content (e.g. demonetized videos on Youtube).
But what ...
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Is the passage of an unconstitutional law "lawless action" for the purpose of First Amendment protection?
Speech intended to incite imminent lawless action is not protected by the First Amendment. Is the passage of an unconstitutional law "lawless action" for this purpose? Suppose someone who is ...
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Is whistling/catcalling at someone in the street illegal?
I’m curious about the position in any jurisdictions but especially in how they intersect/interact with fundamental freedom of speech provisions such as the U.S. first amendment.
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Is hate speech defined in terms of an impartial principle?
The term “hate speech” is frequently used in public discourse. I do not know if this is a legally defined concept, or if it is instituted by organizations like the Southern Poverty Law Center, for ...
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Rapid oscillation of lighting on a house -- is that protected speech?
With all the Christmas lights in my neighborhood, I was wondering if rapidly flashing lights counts as protected speech. Is there any relevant case law on this?
As for the speech the rapid lighting ...
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Can a goverment body rent space for a public forum from a group that they believe will ban those they legally can't?
Someone who is a member of the government cannot restrict access to a public forum, due to the First amendment. However, a private company are allowed to do so, and often communications that would ...
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Does the context of one’s displays of Nazi emblems matter to its legality?
In Germany, I understand that openly displaying Nazi symbols is illegal but that is heavily dependent on the context indicating that they are being displayed as a promotion or celebration of Nazism. ...
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Are the any limits on what historical terrorist acts can result in criminal charges if glorified?
Jonathan Hall KC, the government’s independent reviewer of terrorism legislation has acknowledged that historical events such as apartheid actions of Nelson Mandela and the revolutionary battles of ...
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Cartoons vs Publicity Rights
I've learned that it's legal to write about famous people without their permission as long as the use is "expressive" rather than advertising. However, I believe it's illegal to use pictures ...
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What features of speech make it incitement?
It is in the news that the UK home secretary Suella Braverman and the Home Office Minister Robert Jenrick consider chanting "Jihad" to be inciting terrorist violence.
Assuming this came to ...
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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? [closed]
Long story short, I have issues with sorority girls dating back to when I was younger that I don't really want to elaborate on here. I have little to no problem with fraternity brothers, and so I ...
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What is the legality of France specifically banning all pro-Palestinian protests?
French Prime Minister Gérald Darmanin has recently instructed the prefects (regional state representatives) to ban all pro-Palestinian protests as they are "likely to cause a public disturbance&...
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Can harassment alarm or distress that arises simply by virtue of the content of the views expressed being found objectionable by another be offensive?
If:
a person expresses some of their views in the most unobjectionable way that they see possible,
that expression causes harassment, alarm, or distress in another, and
Some other person finds the ...
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Can one rightfully sue stack exchange for religious discrimination?
In the disciplined arena of Stack Overflow, a case has come to light where a user faced a 180-day ban for incorporating the term "B”H" at the beginning of their posts.
This term, deeply ...
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Is police discretion subject to the Public Sector Equality Duty (PSED)?
Polly the police officer is charged with monitoring and policing a large demonstration which is evenly split between pro-X and anti-X factions. Or alternatively lets say it is dominated by ...
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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 UK, Alice burns a Quran on a public pavement.
Bob tears up an Irish flag.
Do either of these commit public order offences?
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Can one hold a video playback device in public that shows pornography in the U.S.?
Alice stands in a public square holding a television that shows pornographic video content. Is she protected by the first amendment?
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Are there any limitations on a congressperson's freedom of speech in Congress?
The Speech and Debate Clause of the Constitution protects senators' and representatives' right to freedom of speech when debating in Congress, separately from the First Amendment freedom of speech ...
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Was the recent ruling against Jordan Peterson an infringement of his free speech?
From what I've gathered, Dr. Jordan B. Peterson was taken to court by the College of Psychologists of Ontario on complaints of professional misconduct. This was based on him making public statements (...
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Opinion vs Defamation [duplicate]
Alex Jones was fined over $1 billion for defaming Sandy Hook parents. I don't know the details, but I believe the essence of the case is that he claimed certain individuals were involved in a ...
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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) [closed]
For example - Twitter is very pro freedom of speech.
Some online forum - their home - their rules - their Terms & Conditions.
I do not like the fact that I was banned, without breaching any rules. ...
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What legal framework entitles Alex Stein to speak for 3 minutes and what are the parameters of this entitlement?
See this video: https://www.instagram.com/reel/CwDnEVAIE6z/
Comedian Alex stein uses public government meetings in his typical style to express controversial viewpoints through absurdist comedic quips....
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Is there a bright line for witness, prosecutor & judge intimidation?
ABC News reports:
Trump on Friday afternoon had posted a message to his social media
platform, Truth Social, saying, "IF YOU GO AFTER ME, I'M COMING AFTER
YOU!"
I am curious as to how the ...
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Do messages exchanged between students during a virtual class count as "Off-Campus Speech"?
I am the IT manager of a high school. I setup an online conference system during the height of the pandemic so that classes could be conducted virtually. We still sometimes switch to virtual classes ...
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Does the First Amendment shield the previous president from the August 2023 D.C. Indictments?
The former president is charged with:
Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States)
Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding)
Count 3: 18 U.S.C. ...
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Is it legal to place difficult-to-remove deliberately-annoying alarms in a building without permission to do so?
In the UK, a group of unaffiliated people went to a banquet by Just Stop Oil, a climate change activist group, and released electronic alarms tied to balloons. The banquet took place in a building ...
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Why aren't the laws banning Nazi symbols in Australia unconstitutional?
Recently, in Australia, a number of state governments have passed laws banning the display of Nazi symbols, and in the last few weeks, the federal government has been talking about passing a law about ...
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What law makes intending to cause harassment alarm and distress an offence in the UK?
https://www.bbc.co.uk/news/uk-england-leeds-62793135
I know that s5 makes conduct “likely to cause” … harassment alarm or distress a crime on a strict liability basis. But what provision makes ...
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Are street preachers worthy of being sectioned?
Some of them are really ridiculous, like they stand on street corners where they are likely to harass the most people and often they don’t even speak the best (by which I mean the most intelligible) ...
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In California, simply spectating a "sideshow" is illegal (jailtime/fine). Is this constitutional?
In the Bay Area, there is a problem called "sideshows", where youths do dangerous stunts with cars (like donuts) on public streets, usually at an intersection (example video). California, ...
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Are sites that give unfiltered ADS-B data legal?
Are plane tracking services based on Automatic Dependent Surveillance–Broadcast (ADS-B) transmissions that do not honor the Federal Aviation Administration's (FAA) Limited Aircraft Data Display (LADD) ...
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Would a political poster implying that a politician will be killed by angry citizens constitute a legally-actionable threat under U.S. law?
In the U.S., freedom of speech does not extend to serious threats to cause harm to another.
Don and Ron are two reactionary politicians. One election season, John, who hates reactionaries with a ...
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How are suits filed against federal officials under the First Amendment if there is no implied or express right of action?
I construe a right of action to be the ability to sue somebody for injunctive and monetary relief. If there isn't a right of action for the First Amendment like how Bivens provided a right of action ...
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How can anti-hate-speech laws be inconsistent with the First Amendment when (for instance) libel laws are consistent with it? [closed]
Although the first article of amendment to the Constitution of the United States states that
Congress shall make no law ... abridging the freedom of speech
this proscription is far from absolute, as ...
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