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The information presented here by the National Coalition Against Censorship (NCAC) may be freely redistributed in its entirety, provided that readers are informed that the information was obtained from NCAC's World Wide Web site and that credit is given to the appropriate source of whatever information is used. Permission is expressly granted for the information obtained to be made available for file transfer from installations offering unrestricted anonymous file transfer on the Internet. Information found here may not be sold for profit or incorporated in commercial documents without the written permission from the National Coalition Against Censorship.

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free speech first amendment censorship

 

Contracts

To avoid addressing First Amendment issues, courts will sometimes resolve conflicts over censorship by considering the specific terms of any contractual arrangement governing the situation. Depending upon the facts and circumstances of the case, the court may find that the artist has waived his or her free speech rights, particularly if the government acts as a purchaser of the artwork.
At other times, breach of contract claims, such as lease terms, are utilized by government agencies as a pretext for regulating speech. If they are clearly pretextual, and the real purpose is to stifle a particular viewpoint, such claims are unconstitutional.
 

Associated Cases:

Brooklyn Institute of Arts and Sciences v. City of New York
Lilly v. Smith
Redgrave v. Boston Symphony Orchestra
Wildmon v. Berwick Universal Pictures
These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send to ncac@ncac.org.

 

 

 

 

 

 

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