Kevin Francis O’Neill is a professor at Cleveland State University College of Law where he teaches First Amendment, evidence, civil procedure and pretrial practice. His research focuses on the speech clause of the First Amendment, with particular emphasis on public protest and forum access issues. He is the co-author (with Howard E. Katz) of “Strategies and Techniques of Law School Teaching” (Aspen 2009). O’Neill served four years (1991-1995) as legal director for the American Civil Liberties Union of Ohio. He was responsible for supervising all ACLU litigation in the state of Ohio and trying selected cases himself. During his tenure at the ACLU, O’Neill focused special attention on First Amendment issues, reproductive freedom, police misconduct and government mistreatment of the homeless.

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Rights of Prisoners

The First Amendment rights of prisoners have been sharply curtailed. When analyzing prisoner speech claims, the Supreme Court has usually deferred to prison administrators.

Time, Place and Manner Restrictions

Time, place and manner restrictions are content-neutral limitations imposed by the government on expressive activity. These restrictions do not usually violate the First Amendment.

True Threats

A true threat is a statement meant to frighten people into believing they will be seriously harmed by the speaker. True threats are not protected by the First Amendment.

Viewpoint Discrimination

Viewpoint discrimination occurs when the government singles out a particular opinion or perspective on that subject matter for treatment unlike that given to other viewpoints.