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freedom of speech |
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freedom of speechRight, as stated in the 1st and 14th Amendments to the Constitution of the United States, to express information, ideas, and opinions free of government restrictions based on content. A modern legal test of the legitimacy of proposed restrictions on freedom of speech was stated in the opinion by Oliver Wendell Holmes, Jr. in Schenk v. U.S. (1919): a restriction is legitimate only if the speech in question poses a “clear and present danger”—i.e., a risk or threat to safety or to other public interests that is serious and imminent. Many cases involving freedom of speech and of the press also have concerned defamation, obscenity, and prior restraint (see Pentagon Papers). See also censorship. Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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No references found | The court referenced a prior decision and held that "a student may be disciplined for expressive conduct, even conduct occurring off school grounds, when this conduct 'would foreseeably create a risk of substantial disruption within the school environment,' at least when it was similarly foreseeable that the off-campus expression might also reach campus" (see sidebar). With regard to speech and expressive conduct engaged in by public employees, the proper formulation under the First Amendment historically has been to apply a balancing test: balancing the interests of a public employee as a citizen in commenting on matters of public concern against the interests of the government as an employer. The measure's concluding section specifically states: "Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution. |
Expressive Conduct |
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