Fighting words refer to direct, face-to-face, personal insults that would likely lead the recipient to respond with violence. The U.S. […]
Libel: Protecting Vital Political Speech
Until 1964 when the Supreme Court decided New York Times v. Sullivan, and extending back many centuries, public officials had […]
Emotional Distress: “Outrageousness” Has an Inherent Subjectiveness
Intentional Infliction of Emotional Distress A satiric attack on Jerry Falwell, a Baptist pastor and founder of the conservative group, […]
Symbolic Speech: Our Inheritance from the Founding Period
What is Symbolic Speech and why is it important in our Free Speech debate? First Amendment Watch delves into this […]
Hate Speech: Freedom to Express the “Thought That We Hate”
Is offensive speech, and especially hate speech, protected by the First Amendment? Some protesters use profane and scurrilous language to […]
Prior Restraint: Strong Protection Against Government Censorship
Prior restraints go at least as far back as 16th century England, when invention of the printing press made it […]
Public Forums: Protecting Demonstrations in the Streets
The underlying law on public forums is well established. Traditional public forums include such areas as streets, sidewalks and parks […]
Privacy: Newsworthiness is a Strong Defense
Privacy (Embarrassing Private Facts) Disclosure of private facts about an individual, according to the Restatement (Second) of Torts, can give […]