Topics: Legal Terms and Concepts Related to Speech, Press, Assembly, or Petition
- Actual Malice
Actual malice is the legal standard the Supreme Court has set for libel cases in determining when public officials or public figures may win damages in lawsuits...
- Ad Hoc Balancing
In First Amendment law, ad hoc balancing involves judging cases on their unique facts, rejecting formulaic tests to determine whether speech is protected or not...
- Advocacy of Illegal Conduct
Mere advocacy of illegal conduct was punishable by the government until a 1969 Supreme Court ruling, Brandenburg v. Ohio. In that case the Court ruled the...
- Anonymous Speech
The Supreme Court has protected anonymity under the First Amendment, but has balanced protection for anonymous speech against competing interests, notably in...
Appropriation is the unauthorized use of a person’s name, photograph, likeness, voice, or endorsement, for financial gain and is related to the right of...
- As-applied Challenges
Justices have avoided striking down laws on their face for violating the First Amendment and preferred as-applied challenges. In as-applied challenges in First...
- Bad Tendency Test
In Abrams v. United States in 1919, the Supreme Court abandoned the clear and present danger test in favor of the bad-tendency test. The test became the most...
- Captive Audience
The captive audience doctrine protects people in certain places and circumstances from unwanted speech. It is an exception to the First Amendment rule and has...
- Central Hudson Test
The Supreme Court in 1980 developed the Central Hudson test for determining when government could limit commercial speech without violating the First Amendment...
- Chilling Effect
Chilling effect is the concept of deterring First Amendment free speech and association rights through laws or regulations that appear to target expression. The...
- Clear and Present Danger Test
In 1919, the Supreme Court established the clear and present danger test as a standard for determining when seditious speech is protected by the First Amendment...
- Coercion Test
The coercion test helps the Supreme Court determine whether government practices violate the First Amendment’s establishment clause. It is most often used in...
- Commercial Speech
- Community Standards
- Compelled Speech
- Compelling State Interest
- Contempt of Court
- Content Based
- Content Neutral
- Corporate Speech
- Counterspeech Doctrine
- Criminal Defamation
- Express Advocacy
According to the Supreme Court in Buckley v. Valeo (1976), express advocacy is the use of words such as "vote for," "elect," or "support" in political...
- Expressive Conduct
Expressive conduct is behavior designed to convey a message. Its function as speech means it has increasingly been protected by the First Amendment. Two rough...
- Facial Challenges
A facial challenge contends that a government law, rule, regulation, or policy is unconstitutional as written (on its face). First Amendment facial challenges,...
- Fair Use
Fair use is a concept that allows works to be used in ways that otherwise would infringe on a copyright, but are allowed because they benefit society and don't...
- False Light
False-light invasion of privacy is a cause of action for portraying an individual unflatteringly in words or pictures as someone or something that person is not...
- False Speech
Because the First Amendment is designed to further the pursuit of truth, it may not protect individuals who engage in slander or libel. Generally, though, the...
- Fighting Words
- Freedom of Association
There are two types of freedom of association recognized by the Supreme Court as fundamental rights: expressive association and intimate association. The First...
- Government Speech Doctrine
- Gravity of the Evil Test
- Group Libel
- Heckler's Veto
- Hicklin Test
- Incitement to Imminent Lawless Action
- Least Restrictive Means
- Libel and Slander
- Marketplace of Ideas
- Narrowly Tailored Laws
- Neutral Reportage Privilege
- Neutrality, Speech
- Noerr-Pennington Doctrine
- Preferred Position Doctrine
- Prior Restraint
- Professional Speech Doctrine
- Public Figures and Officials
- Public Forum Doctrine
- Publicity, Right of
- Qualified Immunity
- Right to receive information and ideas
- Right to Respond and Right of Reply
- Safety Valve Theory
Under the safety valve theory, the ability of citizens to freely protest or make critical statements about government deters them from undertaking violent...
- Scarcity Rationale
- Secondary Effects Doctrine
- Self-government Rationale
- State Constitutional Provisions on Expressive Rights
- Substantial Disruption Test
- Symbolic Speech
- The Miller Test
- Time, Place, and Manner Restrictions
- Tolerance Theory
- True Threats
- Unconstitutional Conditions Doctrine
- Viewpoint Discrimination
Viewpoint discrimination is a form of content discrimination particularly disfavored by the courts. Because the government is essentially taking sides in a...
- Watts Factors