What is the Heckler’s Veto?
The “heckler’s-veto” doctrine prohibits the government from regulating speech on the grounds that it will cause its hearers anger or discomfort. If speech provokes wrongful acts on the part of hecklers, the government must deal with those wrongful acts directly; it may not avoid doing so by suppressing the speech....
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The History of Trying to Impose Conditions on a Demonstration Permit
The leading cases on imposing conditions on the issuance of demonstration permits — Shuttlesworth v. Birmingham and Forsyth County v. Nationalist Movement — have their roots in the Civil Rights movement....
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Please explain Virginia’s “unlawful assembly” law?
The Charlottesville anti-Klan protest on July 8 was declared to be an “unlawful assembly” by the Charlottesville Police Department. Here’s how that term is defined in the Virginia Code, and here’s a link to video. You decide....
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Can the “Fighting Words” doctrine be used against the alt-right?
A primer on the “Fighting Words” doctrine, and whether it applies against political speech… The simple answer is “not likely.” We start from the premise of the First Amendment that all speech is protected unless the Supreme Court has created an exception. Exceptions: Incitement to immediate illegal action — like encouraging desertion from the Army, […]...
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Does the First Amendment take sides?
I was struck by how many of the speakers at the Charlottesville City Council meeting last night want to draw a content-based rule in deciding who speaks — the KKK’s speech is upsetting to us; the alt-right’s speech is hateful to us. Neither group should have a right to a demonstration in Charlottesville, etc. People […]...
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Can Charlottesville revoke the permit for the “Unite the Right” rally August 12?
A demonstration permit cannot be revoked based on the content of the speeches, but it can be revoked if the plans for the rally don’t contain adequate security, or if new information suggests a likelihood of violence....
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McDonnells guilty — now what?
Bob McDonnell was found guilty of all 11 of the corruption charges; Maureen was found guilty of 8 corruption charges, plus one charge of obstruction of justice for trying to make it look like the dresses that Jonnie Williams were “loans.”...
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McDonnell trial — Just what is an “official action”?
Judge James Spencer resolved the most bitterly fought jury instruction issue in favor of the prosecution Tuesday when he ruled that the “official actions” for which Bob could be punished can include things that a Governor customarily does as Governor, not just passing bills or spending government money....
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McDonnell trial — Jury begins to deliberate Tuesday
As we break it down, count-by-count, on the question of whether both Bob and Maureen will have to be found guilty, or whether there are some charges where one might be found guilty and the other found not guilty....
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McDonnell trial — the defense rests. Now what?
Another day of “the marriage was in a shambles” as the McDonnells’ daughter Jeanine testified about how the public displays of affection amounted to a front, like “flipping a switch” when they went out in public. The evidence is about over, and closing arguments are expected on Friday....
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