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Defamation
Written or spoken expression about a person that is false and damages that person’s reputation
Slander
Spoken expression about a person that is false and damages that person’s reputation
Libel
a written expression about a person that is false and damages that person’s reputation
Commercial speech
speech that is directed at buying or selling of goods and services. The law treats commercial speech differently from political speech and other forms of expression.
Fighting words
a legal term applied to words spoken face-to-face that are so abusive that they are likely to cause an imminent fight between the speaker and the person spoken to. Such words are not usually entitled to First Amendment protection.
Clear and present danger test
a test formerly used by courts to restrict speech when the government thought the speech would create an immediate danger of serious harm
Incitement test
A method used by courts to determine whether to restrict or punish expression based on its potential to cause immediate unlawful behavior
Hate speech
Bigoted speech attacking or disparaging a social or ethnic group or a member of such a group
Public forum
any place, such as a park or street, where First Amendment expression rights are traditionally exercised
Symbolic speech
conduct that expresses an idea (for example, wearing a black armband to protest a war)
Vagueness
indefiniteness, uncertainty, imprecision; not clear or specific
Overinclusive
too broad or general. As a legal term, this usually refers to a law that punishes speech that should be protected (e.g., by the First Amendment
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