Neb. Const. art. I § I-5 Freedom of Speech and Press |

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Neb. Const. art. I § I-5 Freedom of Speech and Press

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Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives, and for justifiable ends, shall be a sufficient defense.

Notes:

Note:

1. Freedom of speech

2. Freedom of the press

3. Truth

4. Miscellaneous

1. Freedom of speech

Because the question of whether an initiative measure should appear on the ballot is determined solely by a state's constitution, the resubmission clause does not restrict the right to political association. State ex rel. Lemon v. Gale, 272 Neb. 295, 721 N.W.2d 347 (2006).

The resubmission clause of Neb. Const. art. III, sec. 2, is a limitation on the initiative process itself, but does not restrict speech or expression because it does not regulate the process of advocacy by dictating who can speak or how they must go about speaking. State ex rel. Lemon v. Gale, 272 Neb. 295, 721 N.W.2d 347 (2006).

A legislative act with an effective date prior to the date a referendum election on the act can be held does not violate the constitutional right to free speech, based on the fact that Nebraska's referendum provisions make it difficult for sponsors to repeal the act and even more difficult to suspend its operation. Pony Lake Sch. Dist. v. State Committee for Reorg., 271 Neb. 173, 710 N.W.2d 609 (2006).

State restrictions on initiative and referendum rights violate the guarantee of free speech when they significantly inhibit communication with voters about proposed political change and are not warranted by the state interests (administrative efficiency, fraud detection, and informing voters) alleged to justify those restrictions. Pony Lake Sch. Dist. v. State Committee for Reorg., 271 Neb. 173, 710 N.W.2d 609 (2006).

The parameters of the constitutional right to freedom of speech are the same under both the federal and the state Constitutions. Pony Lake Sch. Dist. v. State Committee for Reorg., 271 Neb. 173, 710 N.W.2d 609 (2006).

The parameters of the constitutional right to freedom of speech are the same under this provision and the U.S. Constitution. State v. Hookstra, 263 Neb. 116, 638 N.W.2d 829 (2002).

A content-neutral nude dancing ordinance satisfies the constitutional guarantee of freedom of speech when the ordinance (1) is within the power of the government to enact, (2) reasonably furthers a substantial government interest, (3) is unrelated to the suppression of free expression, and (4) imposes a restriction that is no greater than is essential to the furtherance of the substantial government interest. Village of Winslow v. Sheets, 261 Neb. 203, 622 N.W.2d 595 (2001).

The parameters of the constitutional right to freedom of speech are the same under the Nebraska...

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Neb. Const. art. I § I-5 Freedom of Speech and Press

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