Individuals charged with crimes in the United States may assert First Amendment defenses by arguing that expressive conduct during protests constitutes protected speech.
November 06, 2025
high
constitutional
Use of constitutional free-speech protections as a defense for protest-related actions.
The Establishment Clause is part of the First Amendment to the U.S. Constitution and prohibits the government from establishing or favoring a religion.
high
constitutional
Describes the constitutional limit on government action with respect to religion.
Public schools are government actors, so religious displays in public school classrooms can implicate the Establishment Clause of the U.S. Constitution.
high
legal
Explains why actions by school officials regarding religious displays are subject to Establishment Clause analysis.
Using criminal prosecutions to punish or silence a critic can raise constitutional concerns under the First Amendment to the U.S. Constitution.
high
legal
Principle that prosecutorial actions motivated to deter protected speech may implicate free-speech protections.