Michigan Free Speech Litigation
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Learn and Know your First Amendment Rights!
What Type of Speech is Protected?
Exchange of ideas
Inviting dispute (but not fighting)
Bad ideas
Offensive ideas
Pornography
Commercial Speech
What Type of Speech is Unprotected?
True threat (which of course is a crime)
Ex. Burning a cross is not a true threat, but when added with more factors, like trespassing, it may become a true threat
Solicitation of a crime
Advocacy of an illegal act that reaches the point of imminent danger
This is known as the Clear and Present Danger Doctrine
Obscenity
Fighting words
Child Pornography
What is the So-Called "Chilling Effect"?
This is argued when a regulation sweeps more broadly than is necessary to advance the purported "legitimate government interest".
The argument is that the law is overbroad or vague
The argument is made that regulating this type of speech will have a "chilling effect" on others who should rather be encouraged to engage in protected speech, as defined above.
Right to Free Speech on Public Property?
First, determine if it is a "public forum"
A "public forum" is a public street or park, and any designated public form that the government has opened for use by the public for expressive activity.
Recently, the Supreme Court suggested that social media has become the new "public forum"
if it is a public forum, the government can only restrict speech if they created reasonable rules for "time, place, and manner" of speech, and such rules are applied neutrally.
Must serve a "significant" government interest, and must leave open alternative channels for communications.
If it is not a public forum, the government's actions must only be "reasonable."
If you believe the government has violated your First Amendment rights, it is absolutely appropriate to fight back. If you believe Michigan Litigation Law can help you, please contact us immediately. Of course, our online director is available by e-mail, 24/7, at Joey@MichiganLitigationLaw.com.