1st Am. Cases
This 1800 case involved a Pennsylvania newspaper editor prosecuted under the Sedition Act for criticizing President John Adams.
What is United States v. Thomas Cooper?
A process that may resolve disputes without going to court, often including negotiation or neutral third-party facilitation.
What is settlement discussions or mediation?
The First Amendment’s freedom of religion includes both the Establishment Clause and this clause, which prevents government from interfering with individual religious practice.
What is the Free Exercise Clause?
This duty requires lawyers to keep information related to the representation of a client confidential, unless the client gives informed consent or an exception applies.
What is attorney-client privilege or confidentiality?
In Detiege v. Jackson, clients were blocked on this platform by a state senator for critical commentary, raising questions about the “new public square.”
What is Twitter?
This 1919 Supreme Court case established that speech creating a “clear and present danger” during wartime may be restricted, particularly under the Espionage Act.
What is Schenck v. United States?
The document filed by the plaintiff outlining their narrative and the harm suffered by the client.
What is the complaint?
This English legal concept punished criticism of the government or crown and influenced early American free speech law.
What is seditious libel?
Representing multiple clients with adverse interests without proper disclosure is considered this type of ethical violation.
What is a conflict of interest?
In Merriott v. Bossier City, a man was threatened with removal from this type of municipal gathering for challenging contracts.
What is a city council meeting?
In Clark v. Commun. for Nonviolence, the Court drew a distinction between the use of physical property as accommodation and its use for this purpose, protecting political expression.
What is symbolic speech?
Rule 33 allows parties to serve this type of discovery, limited to 25 questions, which is good for basic factual data but not for narratives or candid opinions.
What are interrogatories?
The rise of this medium in the late 20th and early 21st centuries created new questions about First Amendment protections in the digital age.
What is Internet speech?
Lawyers may not knowingly make false statements to the court or fail to correct false statements previously made. This is part of their duty of this.
What is candor to the tribunal?
In Normand v. Tensas Parish Detention Center, the client’s First Amendment rights were violated by denying access to these materials.
What are reading materials?
In U.S. v. O’Brien, the Court upheld criminal sanctions against this type of protest, establishing a test for when conduct combined with expressive activity may be regulated.
What is burning a draft card?
A motion filed when a party argues there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law.
What is summary judgment?
This metaphorical concept describes a rationale for protecting speech so all ideas can compete and truth can emerge.
What is the marketplace of ideas?
A lawyer must refuse to assist a client in committing this, even if requested.
What is a crime or fraud?
Students assisted in drafting this type of brief to the U.S. Supreme Court in support of the plaintiffs in Little v. Llano County.
What is an amicus brief?
This type of privacy tort, recognized in Time, Inc. v. Hill, arises when someone is portrayed in a misleading or false way that is highly offensive to a reasonable person.
What is false light?
Supporting a motion often requires filing these separately in federal court in the Eastern District of Louisiana, including affidavits, exhibits, or discovery responses.
What is a memorandum in support (MISO)?
One reason to protect speech is that it ensures this, allowing citizens to discover and spread political truth.
What is informed citizenry?
Lawyers must report misconduct by judges or other lawyers under this principle, maintaining trust in the legal system.
What is duty to report ethical violations?
In the Donaldsonville case, a city council passed an ordinance restricting this activity at public meetings.
What is filming or recording?