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- Matal v. Tam (137 S. Ct. 1744 (2017)) (1)
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Articles 1 - 11 of 11
Full-Text Articles in Entire DC Network
Broken Platforms, Broken Communities? Free Speech On Campus, Stephen M. Feldman
Broken Platforms, Broken Communities? Free Speech On Campus, Stephen M. Feldman
William & Mary Bill of Rights Journal
Free speech disputes have broken out on numerous college and university campuses. In several incidents, protesters have attempted to block the presentations of well-known and controversial speakers who threaten the communal status of societal outsiders. These events have sparked not only widespread media coverage but also the publication of multiple scholarly books and articles. None of this scholarship, however, has recognized that the interrelated histories of free expression and democracy can shed considerable light on these matters. This Article takes on that challenge. Specifically, this Article explores the ramifications of the historical interrelationship between free expression and democracy for campus …
In Defense Of Hybrid Representation: The Sword To Wield And The Shield To Protect, Kelly Rondinelli
In Defense Of Hybrid Representation: The Sword To Wield And The Shield To Protect, Kelly Rondinelli
William & Mary Bill of Rights Journal
No abstract provided.
Prior Restraint In The Digital Age, Ariel L. Bendor, Michal Tamir
Prior Restraint In The Digital Age, Ariel L. Bendor, Michal Tamir
William & Mary Bill of Rights Journal
In this Article we argue that the digital revolution requires a reshaping of the Doctrine of Prior Restraint, which prohibits the implementation of any regulations that prevent the publication of speech prior to its distribution. We describe the prohibition on prior restraint of speech, its rationales and its exceptions; present the characteristics of the media in the digital age; suggest that the traditional design of the Doctrine does not fit these characteristics; and describe the reshaping that we propose in order to adapt the Doctrine to the age of the Internet and social networking.
The Popular Constitutional Canon, Tom Donnelly
The Popular Constitutional Canon, Tom Donnelly
William & Mary Bill of Rights Journal
Popular constitutionalism scholarship has often left out the American people. Sure, ordinary citizens make cameo appearances—often through the actions of elected officials and elite movement leaders. However, focusing on high politics among elite actors—even if those actors are not judges—simply is not enough. If popular constitutional views do, indeed, matter, then we can expect constitutional partisans to try to manipulate the processes through which these views emerge. Some constitutional scholars have made a start, reflecting on the importance of the constitutional canon. However, these scholars focus mostly on the legal canon and often ignore its popular analog. At the same …
Servitude And Captivity In The Common Law Of Master-Servant: Judicial Interpretations Of The Thirteenth Amendment’S Labor Vision Immediately After Its Enactment, Lea Vandervelde
William & Mary Bill of Rights Journal
This Article first takes a closer look at Blackstone’s chapter on master and servant. Second, it examines the anti-subordination agenda of the Reconstruction Congress, which abolished involuntary servitude and engaged in structuring a free labor system—a republican system of labor—to replace the slave labor system and to bring the freedmen into parity with their former masters. Third, this Article looks at how the courts interpreted the Thirteenth Amendment’s scope in the years immediately after its enactment. This Part demonstrates that the federal courts effectively closed off the path to develop the Thirteenth Amendment as an economic right by limiting the …
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler
William & Mary Bill of Rights Journal
The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing the grotesque punishments of …
Universal Human Rights And Constitutional Change, David Sloss, Wayne Sandholtz
Universal Human Rights And Constitutional Change, David Sloss, Wayne Sandholtz
William & Mary Bill of Rights Journal
Scholars have written volumes about the dramatic constitutional changes that occurred in the United States in the decades after World War II. Several leading scholarly accounts adopt an internal perspective, focusing primarily on domestic factors that drove constitutional change. Other scholars adopt a more transnational perspective, linking domestic constitutional change in the United States to Cold War politics, or to the rise of totalitarianism. This Article builds on the work of scholars like Mary Dudziak and Richard Primus who have emphasized the transnational factors that contributed to constitutional change in the United States. However, our account differs from both Dudziak …
Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton
Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton
William & Mary Bill of Rights Journal
No abstract provided.
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
Epilogue: From Too Tall To Trim And Small, Mark A. Drumbl
William & Mary Bill of Rights Journal
No abstract provided.
State Empowerment And The Compact Clause, James F. Blumstein, Thomas J. Cheeseman
State Empowerment And The Compact Clause, James F. Blumstein, Thomas J. Cheeseman
William & Mary Bill of Rights Journal
No abstract provided.
Merging Offensive-Speech Cases With Viewpoint-Discrimination Principles: The Immediate Impact Of Matal V. Tam On Two Strands Of First Amendment Jurisprudence, Clay Calvert
William & Mary Bill of Rights Journal
This Article examines flaws with the U.S. Supreme Court’s 2017 decision in Matal v. Tam that equated giving offense with viewpoint discrimination. Already, the Court’s language in Tam that “giving offense is a viewpoint” is being cited by multiple lower courts. This Article argues, however, that giving offense is not synonymous with viewpoint discrimination. This Article contends that the Court in Tam conflated two distinct strands of First Amendment jurisprudence—namely, its offensive-speech cases with principles against viewpoint discrimination. The Article proposes two possible paths forward to help courts better clarify when a case such as Tam should be analyzed as …