Free Speech:

LibraryThe Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.)

FREE SPEECH: See Free Speech Clause of the First Amendment to the United States Constitution. That amendment provides, in pertinent part, that "Congress shall make no law . . . abridging the freedom of speech, or of the press . . . ."

Annoying/Embarrassing Speech: "[T]he First Amendment protects annoying and embarrassing speech)" (People v Marquan M., 24 NY3d 1, 11 [2014] [internal citations omitted]).

Burden: "[T]the government has the burden of demonstrating that a regulation of speech is constitutionally permissible (see United States v Playboy Entertainment Group, 529 US 803, 816-817 [2000]; cf. People v Davis, 13 NY3d 17, 23 [2009])" (People v Marquan M., 24 NY3d 1, 6 [2014]).

Generally: "Under the Free Speech Clause of the First Amendment, the government generally 'has no power to restrict expression because of its...

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