Index/Topics/First Amendment protection

First Amendment protection

The Supreme Court's ruling on the First Amendment protection for adults seeking online sexual content.

Fact-Checks

11 results
Jan 11, 2026
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What legal arguments cite Trump's speech in January 6 cases?

The debate over how prosecutors and defense teams treat Donald Trump’s January 6, 2021 speech splits into two principal legal arguments: that the speech can be evidence of criminal wrongdoing—includin...

Jan 26, 2026
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How have U.S. courts treated passive viewing of child sexual abuse material versus active possession or distribution?

federal law criminalizes possession, receipt and distribution of (CSAM) and was amended in the 2000s to reach “knowingly access[ing] with intent to view” material online, but courts distinguish betwee...

Jan 12, 2026
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How have federal appeals courts ruled on whether streamed CSAM without saved files counts as possession?

Federal appeals courts have not produced a uniform, definitive rule that streaming child sexual abuse material (CSAM) without saving a file always constitutes “possession”; lower courts and commentato...

Feb 3, 2026

What have courts said about the First Amendment and mandatory age verification in recent cases?

’s recent decisions—most prominently v. Paxton—have carved out a narrower protection for adults seeking by allowing states to require for material deemed “harmful to minors,” while signaling limits on...

Feb 2, 2026

What legal defenses are used in prosecutions for using racial slurs and how have courts ruled?

Prosecutions or civil claims tied to use of typically turn on three legal fault lines: whether the speech is constitutionally protected, whether it qualifies as criminal “fighting words” or a hate-mot...

Feb 1, 2026

Is it true when Trump blames the Biden administration for things and if it’s a lie why can’t they sue him?

Many of the high-profile claims by blaming the or have been rejected by courts and fact-checkers, and Trump both sues and is sued in federal court; however, whether an allegedly false public statement...

Jan 27, 2026

How have courts treated prosecutions for possession-only CSAM where the defendant claims the images were AI-generated or virtual?

Federal and lower courts are starting to draw a sharp line between AI- or computer-generated sexual images that do not involve real children and material that is based on or depicts actual minors, wit...

Jan 16, 2026

How have courts applied the Brandenburg test to cases involving paid organizers or stipends?

Courts apply the Brandenburg test by asking whether speech was “directed to inciting or producing imminent lawless action” and was “likely to incite or produce such action,” a standard articulated in ...

Jan 13, 2026

Have any retired officers successfully challenged retirement‑grade reductions in federal court, and on what grounds?

Yes — retired officers have sometimes prevailed in federal litigation challenging retirement‑grade reductions, usually not by securing an across‑the‑board rule against the practice but by persuading c...

Jan 10, 2026

could contributing factually be considered domestic terrorisim

A narrow reading of federal law shows that mere factual contribution or truthful speech is generally not itself a federal domestic-terrorism crime, but providing information or resources that material...

Jan 10, 2026

Which U.S. states criminalize accessing sexual content depicting minors without requiring download or possession?

Federal law already reaches “accessing with intent to view” certain child sexual material transmitted via interstate commerce, and several states have statutes broader than mere possession that can cr...