Similar to posting flyers on campus bulletin boards, expression through the use of chalking on campus sidewalks is protected within reasonable regulations. Conditions imposed on campus sidewalk chalking are put in place to ensure that permanent damage is not caused… Read more
There have been instances in U.S. history where the government has attempted to ban speech that people used to advocate for societal change. In some past cases, the U.S. Supreme Court upheld punishment of expression that advocated for change, especially… Read more
A true threat is not protected by the First Amendment. The U.S. Supreme Court defined true threats in Virginia v. Black (2003) as “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence… Read more
Defamation occurs if you make a false statement of fact about someone else that harms that person’s reputation. Such speech is not protected by the First Amendment and could result in criminal and civil liability. Defamation is limited in multiple… Read more
Expressive conduct, sometimes called symbolic speech, includes nonverbal activities that convey ideas. For instance, the U.S. Supreme Court has found protection for wearing an armband with a peace symbol printed on it and for burning the U.S. flag. Such activities are sufficiently… Read more
Speech about sex and sexuality receives protection under the First Amendment, and this protection extends to many forms of pornography. However, certain types of sexually explicit expression are not protected. Obscenity is not protected by the First Amendment. Obscenity is a… Read more
UWM has long opened its doors to public speakers espousing many perspectives on a wide variety of topics. Doing this provides students and others with additional opportunities to learn different perspectives. A person on campus simply expressing a view does… Read more
Discriminatory harassment is not protected by the First Amendment. As explained by the University of Wisconsin Board of Regents policy document on Discrimination, Harassment, and Retaliation, discriminatory harassment is “unwelcome verbal, written, graphic or physical conduct that: is directed at an… Read more
The U.S. Supreme Court ruled in Chaplinsky v. New Hampshire (1942) that fighting words are not protected by the First Amendment. Fighting words are defined as words “which by their very utterance inflict injury or tend to incite an immediate breach of the… Read more
Hate speech may be offensive and hurtful; however, it is generally protected by the First Amendment. One common definition of hate speech is “any form of expression through which speakers intend to vilify, humiliate or incite hatred against a group or… Read more
Even though the First Amendment uses the word speech, the U.S. Supreme Court has held that it protects a wide variety of expression. This includes what is known as “pure speech,” meaning the spoken word. The First Amendment also protects… Read more
The U.S. Supreme Court has emphasized the importance of social media for the free exchange of ideas, proclaiming in Packingham v. North Carolina (2017) that “[w]hile in the past there may have been difficulty in identifying the most important places (in a… Read more
The U.S. Supreme Court has long held that the First Amendment’s freedom of speech tenets fully apply to public universities. In Healy v. James (1972), the Supreme Court declared that “the precedents of this Court leave no room for the view… Read more
Because public universities are bound by the First Amendment, they may not suspend, expel or otherwise punish students who use offensive speech that is protected by the Constitution. In fact, the U.S. Supreme Court stated in Tinker v. Des Moines (1969)… Read more
The First Amendment to the U.S. Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people… Read more