Also known as: messages · presidential message · executive message
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A communication sent from one party to another by mail, electronic means, or similar method. Proper addressing and precautions for safe transmission determine when the communication becomes operative.
A communication sent from one party to another by mail, electronic means, or similar method. Proper addressing and precautions for safe transmission determine when the communication becomes operative.
Miranda Morales mailed her signed acceptance to an offer from Metro Bank. She addressed the envelope correctly and used first-class mail with return receipt requested. The bank received the acceptance three days later. Because the message met the requirements for safe transmission, it became operative upon dispatch.
The idea or meaning conveyed by speech, writing, conduct, or other expression. Control over the content belongs to the speaker or organizer and cannot be compelled by the state.
Melanie Morris organized a private parade celebrating local heritage. Mosaic Retail demanded inclusion of a float displaying its corporate message. Morris refused because the message conflicted with the parade theme. The city could not force inclusion without violating the organizer's control over expressive content.
Mohan Malhotra built a new home blocking the ocean view from the road. The commission required a public path across his property. The path would allow passersby to see people using the beach. This visual access would convey the message that the shore remains open to the public.
The idea or meaning conveyed by speech, writing, conduct, or other expression. Control over the content belongs to the speaker or organizer and cannot be compelled by the state.
Each sense below has its own examples, sources, and questions.
A mailed acceptance becomes operative upon dispatch if it is properly addressed and the sender takes ordinary precautions for safe transmission. If the message lacks proper addressing or reasonable precautions, it is not operative when sent even if later received.
Mina Mehta produced a documentary sharply critical of a presidential candidate. The film repeatedly emphasized the candidate's past actions as disqualifying. Viewers would understand the work as urging defeat at the polls. The consistent focus made the message the functional equivalent of express advocacy.
Melissa Mills sought an abortion at a licensed clinic. State law required the physician to present information about fetal development and alternatives. The required statements conveyed the government's view discouraging the procedure. The clinic challenged the mandate as compelled speech.
Meredith Maxwell placed a paid advertisement in the newspaper criticizing official conduct. The ad included factual statements about police actions. Readers understood the statements as conveying a protest message. The publication remained protected even though it appeared in a commercial format.
The government may not compel a private speaker or parade organizer to include a message the speaker does not wish to convey. Doing so violates the speaker's right to control the content of its own expression.
A film that consistently emphasizes reasons to oppose a candidate qualifies as the functional equivalent of express advocacy. Such a message receives full First Amendment protection and cannot be restricted as electioneering.
…and business advertising matter did not abridge the First Amendment freedoms, even as applied to a handbill having a commercial message on one side but a protest against certain official action on the other. The reliance is wholly misplaced. The Court in Chrestensen reaffirmed the constitutional protection for "the freedom…