First Amendment - Law Dictionary Search Results
Home Dictionary Name: first amendment Page: 2 Page 2 of about 68 results (0.005 seconds)picket
picket : a person posted by a labor organization at a place of employment affected by a labor dispute ;broadly : a person posted for a demonstration or protest vt : to post pickets in front of : walk or stand in front of as a picket [their tactics have included ing clinics "L. H. Tribe"] vi : to demonstrate by use of pickets [a currently certified union may for recognition] ;also : to serve as a picket see also informational picketing, organizational picketing, secondary picketing compare strike NOTE: While the right to peacefully picket for a lawful purpose is protected by the First Amendment to the U.S. Constitution, case law has recognized some limitations and the Labor Management Relations Act has placed some restrictions on organizational and secondary picketing. pick··et·er n ...
Obscenity
Obscenity, is not deemed to be protected by the First Amendment, and the operative legal tests for obscenity are spongy and leave much to the vagaries of juries asked to evaluate expert testimony on literary merit, offensiveness, and other unmeasur-ables, Richard A. Posner, Law and Literature: A Misunderstood Relation 329 (1988).Obscenity, means (1) The quality or state of being morally abhorrent or socially taboo, esp. as a result of referring to or depicting sexual or excretory functions. (2) Something (such as an expression or act) that has this quality, Black's Law Dictionary, 7th Edn., p. 1104....
pure speech
pure speech : the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea compare commercial speech, symbolic speech NOTE: Pure speech is accorded the highest degree of protection under the First Amendment to the U.S. Constitution. ...
right of petition
right of petition :a right guaranteed by the First Amendment to the U.S. Constitution to petition the government for a redress of grievances ...
symbolic speech
symbolic speech : conduct that is intended to convey a particular message which is likely to be understood by those viewing it [it is well established that wearing certain clothing can be a form of protected symbolic speech "City of Harvard v. Gaut, 660 N.E.2d 259 (1996)"] compare commercial speech, pure speech NOTE: Symbolic speech is entitled to free speech protection under the First Amendment to the U.S. Constitution unless its regulation is within the constitutional power of the government and is justified by an important government interest, and the restriction placed on it by regulation is no greater than is essential to the furtherance of that interest. ...
Noerr-Pennington doctrine
Noerr-Pennington doctrine [after Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), and United Mine Workers v. Pennington, 381 U.S. 657 (1965), U.S. Supreme Court cases that established the doctrine] : a doctrine based on the First Amendment right of petition that exempts from antitrust liability the joint efforts of businesses to petition or influence government bodies provided that such activities are not sham ...
obscene
obscene [Middle French, from Latin obscenus obscaenus indecent, lewd] : extremely or deeply offensive according to contemporary community standards of morality or decency see also Roth v. United States in the Important Cases section NOTE: The U.S. Supreme Court has ruled that obscene applies to materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. Material or expression deemed obscene by the court is not protected by the free speech guarantee of the First Amendment to the U.S. Constitution. ...
true threat
true threat : a threat that a reasonable person would interpret as a real and serious communication of an intent to inflict harm NOTE: True threats are not protected as free speech by the First Amendment to the U.S. Constitution and render the person making the threat liable to criminal prosecution. ...
limited public forum
limited public forum : a public forum created by the government voluntarily for expressive activity that may be restricted as to subject matter or class of speaker called also limited forum limited open forum compare open forum, public forum NOTE: The restriction of a limited public forum must be able to withstand strict judicial scrutiny of its effect on First Amendment rights. ...
fighting words
fighting words : words which by their very utterance are likely to inflict harm on or provoke a breach of the peace by the average person to whom they are directed NOTE: Fighting words are not protected speech under the First Amendment to the U.S. Constitution. ...
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