Index/Topics/First Amendment protections

First Amendment protections

The legal protections afforded to free speech and the potential impact of hate crime laws on these protections.

Fact-Checks

25 results
Jan 14, 2026
Most Viewed

What federal laws apply to doxxing and threats against ICE officers, and how often are those statutes prosecuted?

Federal authorities point to a mix of existing criminal statutes—threats, stalking, obstruction/conspiracy, and laws that bar releasing protected personal information with intent to threaten or incite...

Jan 17, 2026
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Can ICE give you a lawful order if you are obstructing or impeding their lawful duties?

ICE can lawfully give orders to — and in narrow circumstances detain or arrest — U.S. citizens or others who are actively obstructing or impeding immigration enforcement, but that authority is limited...

Jan 12, 2026
Most Viewed

What actions by Mark Kelly are alleged to involve violations of military law?

The alleged military-law violations center on Senator Mark Kelly’s participation in a November video in which he and five other former service members and intelligence officers told active-duty person...

Jan 19, 2026

Is criticism of Israel and it's policies and actions (genocide, apartheid) considered antisemitic in u.s. law

U.S. law does not categorically ban criticism of Israel as antisemitic, but federal agencies and some legislatures increasingly rely on the IHRA working definition—which lists examples that can classi...

Jan 15, 2026

What legal standards govern when political speech becomes actionable incitement under U.S. law?

The dominant legal standard for when political speech becomes criminal incitement is the Brandenburg test: speech is unprotected only if it is “directed to inciting or producing imminent lawless actio...

Jan 12, 2026

What precedents exist for military grade reduction or pension cuts tied to political speech by former officers?

There are very few direct precedents for reducing a retired officer’s grade or pension as punishment for political speech after retirement; past uses of the retirement‑grade review process have typica...

Jan 18, 2026

What federal statutes have historically been used to prosecute interference with federal officers and how have courts interpreted them?

Federal prosecutors have long relied on a cluster of criminal statutes—most prominently 18 U.S.C. §§ 111, 1114, 115, 1501, and 1503, plus civil-rights and conspiracy provisions such as § 242 and § 372...

Jan 18, 2026

Which universities have actively recognized or rejected TPUSA chapters in the last five years?

Over the past five years, campus battles over Turning Point USA (TPUSA) recognition have produced a mixed record: several student governments have rejected TPUSA bids while university administrations ...

Jan 17, 2026

What are the constitutional arguments state legislatures use to justify restricting cooperation with ICE in schools and places of worship?

State legislatures justify limiting local cooperation with ICE in schools and places of worship by invoking core constitutional protections—principally the Fourth Amendment’s guard against unreasonabl...

Jan 19, 2026

How do hate‑crime statutes interact with disruption charges when protesters target a congregation for its beliefs?

When protesters target a congregation for its beliefs, law enforcement and prosecutors can pursue ordinary disruption or trespass charges and — if evidence shows bias against a protected characteristi...

Jan 19, 2026

How have courts treated prosecutions for written or drawn depictions of minors in sexual contexts (fictional works) in different jurisdictions?

Courts and legislatures have split responsibility and produced a patchwork of outcomes: many jurisdictions treat drawn or computer-generated visual depictions of minors in sexual contexts as criminal ...

Jan 19, 2026

What legal or contractual issues would artists face if they performed at a partisan or alternative Super Bowl halftime event?

A partisan or explicitly alternative Super Bowl halftime performance would collide with contractual, commercial, and reputational pressures that make the slot far more than a 13‑minute concert; the ha...

Jan 18, 2026

How should someone document and legally challenge an alleged unlawful ICE vehicle stop or use of force?

A clear, legally resilient challenge to an alleged unlawful ICE vehicle stop or use of force rests on three pillars: careful, non‑interfering documentation; immediate preservation and legalization of ...

Jan 18, 2026

What legal or ethical risks arise when public figures promote unproven allegations during active criminal proceedings?

When public figures amplify unproven allegations during active criminal proceedings they create legal exposure—primarily defamation suits and, in narrow circumstances, federal penalties for false info...

Jan 16, 2026

What legal avenues exist to obtain surveillance video and official records after an ICE detention at a school?

Three primary legal avenues exist to try to obtain surveillance video and official records after an ICE detention at a school: federal FOIA requests to the responsible DHS components (ICE, CBP and DHS...

Jan 16, 2026

Where have news organizations posted original footage (bystander or body cam) of ICE operations and how can those clips be authenticated?

News organizations have published original bystander and agent-shot footage of ICE operations on a mix of mainstream outlets and government-hosted libraries — examples include cell-phone clips first p...

Jan 15, 2026

What is the scholarly definition of racist speech versus hyperbole, and how have courts or ethics boards treated similar cases?

Scholarly discussion treats “racist speech” as a category defined by content, context, and the harms it performs—often focusing on slurs, denigration, and speech that contributes to social subordinati...

Jan 14, 2026

What legal standards govern disciplining retired military officers who are also elected officials under 10 U.S.C. §1370?

10 U.S.C. §1370 sets the statutory framework for determining a retired commissioned officer’s grade and pay by requiring retirement “in the highest permanent grade in which such officer is determined ...

Jan 13, 2026

What legal or trademark considerations apply to using social movement names or slogans in political campaigns?

Securing exclusive rights to a social movement name or slogan for use in a political campaign is legally possible in narrow circumstances but usually fails because movement phrases are treated as info...

Jan 12, 2026

How have local officials and civil‑rights groups responded to DHS claims about threats and doxxing?

Local officials and many municipal leaders have been cautious or noncommittal in publicly responding to Department of Homeland Security (DHS) warnings about doxxing and threats to ICE personnel, with ...