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The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, [6] prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. [7]
Texas v. Johnson. Texas v. Johnson, 491 U.S. 397 (1989), is a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech .
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
In the NetChoice decisions from the Supreme Court, the underlying issues are truly about the First Amendment rights of private businesses, not a special privilege of certain tech companies, writes ...
The First Amendment ( Amendment I) to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
303 Creative LLC v. Elenis, 600 U.S. 570 (2023), is a United States Supreme Court decision that dealt with the intersection of anti-discrimination law in public accommodations with the Free Speech Clause of the First Amendment to the United States Constitution. In a 6–3 decision, the Court found for a website designer, ruling that the state ...
Walz is wrong, of course: The First Amendment, which vigorously protects Americans' free speech rights, does not distinguish between good information and misinformation.
Counterman v. Colorado, 600 U.S. 66 (2023), is a case of the Supreme Court of the United States concerning the line between true threats of violence punishable as crimes and free speech protected by the First Amendment. The states and lower courts were divided over how to define the line. By a 7-2 majority, the court decided that statements are ...