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fighting words

Man challenges constitutionality of federal cyberstalking law

donal brown October 11, 2011

A man indicted for threats on Facebook is challenging the federal cyberstalking law on the grounds that the law makes free speech a crime and is vague and overbroad. The Pennsylvania man is charged with making a series of threats on Facebook after he was fired from his job at a theme park. The man made threatened an unidentified kindergarten class, his ex-wife and various local, state and federal law officers. From The Legal Intelligencer,

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Profanity not always protected by First Amendment

donal brown October 10, 2011

A suburban Chicago city recently rescinded a law against profanity in public places out of concern that the law may run afoul of the First Amendment, but says David L. Hudson Jr. of the First Amendment Center, the Constitution does not always protect profanity. The list of unprotected speech includes fighting words, true threats and incitement to violence or other unlawful acts. -db From a commentary for the First Amendment Center, October 6, 2011, by

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Professor censors profanity on student free speech wall

donal brown October 3, 2011

A Sam Houston State University professor removed an insult to President Barack Obama posted by a student on the student free speech wall. Incensed by the censorship, students reported the vandalism to the campus police. Rather than come to the aid of the student in support of the First Amendment, the police threatened students with a charge of disturbing the peace and required them to remove all profanity or take the wall down. -db From

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Free speech: Supreme Court allows church protests at military funerals

donal brown March 2, 2011

In an 8-1 decision, the U.S. Supreme Court ruled that hurtful public speech in protests at a military funeral was protected by the First Amendment. Followers of the Westboro Baptist Church of Topeka, Kansas had picketed the funeral of a Marine who died in combat in Iraq with signs that read “America is Doomed” and “God Hates Fags.” The church members believe God is punishing American for its pro-gay bias. The decision written by Chief

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Free speech: Federal court rules woman obstructed police through profanities

donal brown August 5, 2010

The 8th Circuit appeals court ruled that a woman’s profanities obstructed officers in their quest to arrest her son when her words distracted police dogs searching the son’s truck. -db Courthouse News Service August 5, 2010 By Matthew Reynolds (CN) – The 8th Circuit has reinstated a Springfield, Mo., ordinance allowing police officers to jail a mother for berating them as they arrested her son outside her home. The ordinance banned people from resisting or

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