This article discusses American constitutional freedom of speech.
The U.S. Supreme Court has crafted exceptions to this protection,
including communications that constitute a "clear and present
danger"; "fighting words"; obscenity; and/or defamation, each which
is elaborated upon herein. Additionally, there is a "hybrid" area
of expression, for example, communications that require
governmental regulation or which receive federal, state or local
governmental financial funding, that the Court has held to be
entitled to a limited, or restricted constitutional protection. A
particular focus is the highlight upon a 2008 Virginia litigation
involving a public school teacher's termination arising out his
display and sale of his questionable art" The paper concludes with
a brief summary of applicable Irish and German law, both
constitutional and statutory, with a projection of how this case
might have been decided, had the instance occurred there.
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