Also known as: speakers · Speaker of the House · presiding officer
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The officer elected by the members of the House of Representatives to preside over its proceedings and perform related constitutional duties.
The officer elected by the members of the House of Representatives to preside over its proceedings and perform related constitutional duties.
After the biennial election, the newly seated members of the House select Samuel Soto to serve as presiding officer. A challenge questions whether Soto meets the constitutional requirements for service in the body. The court confirms that the House possesses authority to choose its own presiding officer under the constitutional text.
An individual or entity whose expression receives First Amendment protection against government restrictions based on viewpoint.
Stonehaven Properties submits an application to register a trademark that criticizes major financial institutions. The agency rejects the mark solely because it finds the message derogatory. Stonehaven sues, claiming the denial targets its viewpoint. The court rules the rejection unconstitutional because the mark constitutes private speech by the applicant.
An individual or entity whose expression receives First Amendment protection against government restrictions based on viewpoint.
Each sense below has its own examples, sources, and questions.
The members of the House of Representatives choose their Speaker. The Constitution assigns this authority directly to the House itself.
The Speaker of the House receives written declarations from the President or Vice President concerning presidential inability and participates in related congressional procedures.
Yes. Trademarks constitute private speech. A government denial based solely on the message's viewpoint fails strict scrutiny and violates the First Amendment.
No. Such a refusal is an unconstitutional viewpoint-based restriction on private speech. The registration system may not be used to suppress disfavored messages.