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Articles 1 - 30 of 58
Full-Text Articles in Entire DC Network
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Religion As A Legal Proxy, Micah Schwartzman
Religion As A Legal Proxy, Micah Schwartzman
San Diego Law Review
In what follows, after briefly summarizing Koppelman’s position, I argue that his view is vulnerable to the charge that using religion as a legal proxy is unfair to those with comparable, but otherwise secular, ethical and moral convictions. Koppelman has, of course, anticipated this objection, but his responses are either ambivalent or insufficient to overcome it. The case for adopting religion as a proxy turns partly on arguments against other potential candidates. In particular, Koppelman rejects the freedom of conscience as a possible substitute. But even if he is right that its coverage is not fully extensive with the category …
The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez
The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez
Touro Law Review
No abstract provided.
Two Tests Unite To Resolve The Tension Between The First Amendment And The Right Of Publicity, Dora Georgescu
Two Tests Unite To Resolve The Tension Between The First Amendment And The Right Of Publicity, Dora Georgescu
Fordham Law Review
The right of publicity is an established legal doctrine that grants individuals the exclusive right to control the commercial use of their image. Though it has many important and laudable uses, one unfortunate consequence of the right of publicity is that it restricts artists’ abilities to portray real persons in their works. In so doing, the right of publicity directly conflicts with the First Amendment protections of an individual’s freedom of expression.
While the U.S. Supreme Court addressed this tension in Zacchini v. Scripps-Howard Broadcasting Co., the Court did not create a clear standard for balancing the interests of …
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Explorer Café
No abstract provided.
"God Hates Fags" Isn't The Same As "Fuck The Draft": Introducing The Non-Sexual Obscenity Doctrine, Adam Lamparello
"God Hates Fags" Isn't The Same As "Fuck The Draft": Introducing The Non-Sexual Obscenity Doctrine, Adam Lamparello
Adam Lamparello
No abstract provided.
Seeing It Coming Since 1945: State Bans And Regulations Of Crafty Sciences Speech And Activity, Christine Corcos
Seeing It Coming Since 1945: State Bans And Regulations Of Crafty Sciences Speech And Activity, Christine Corcos
Journal Articles
No abstract provided.
The Limits Of Child Pornography, Carissa Byrne Hessick
The Limits Of Child Pornography, Carissa Byrne Hessick
Indiana Law Journal
Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.
This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall …
Undoing Race? Reconciling Multiracial Identity With Equal Protection, Lauren Sudeall
Undoing Race? Reconciling Multiracial Identity With Equal Protection, Lauren Sudeall
Vanderbilt Law School Faculty Publications
The number of multiracial individuals in America, many of whom define their racial identity in different ways, has grown dramatically in recent years and continues to increase. From this demographic shift a movement seeking unique racial status for multiracial individuals has emerged. The multiracial movement is distinguishable from other race-based movements in that it is primarily driven by identity rather than the quest for political, social, or economic equality. It is not clear how equal protection doctrine, which is concerned primarily with state-created racial classifications, will or should accommodate multiracialism. Nor is it clear how to best reconcile the recognition …
Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman
Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman
Georgia Journal of International & Comparative Law
No abstract provided.
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman
West Virginia Law Review
No abstract provided.
An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch
An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch
College of Journalism and Mass Communications: Theses
The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …
A Call For Truth In The Fashion Pages: What Global Trend In Advertising Regulation Means For U.S. Beauty And Fashion Advertisers, Ashley O'Neil
A Call For Truth In The Fashion Pages: What Global Trend In Advertising Regulation Means For U.S. Beauty And Fashion Advertisers, Ashley O'Neil
Indiana Journal of Global Legal Studies
The advertising industry serves an important purpose in our society by acting as the main source of information for consumers about products. Global advertisement spending reaches into the hundreds of billions of dollars annually. Because advertising plays such a large role in the economy, regulators across the globe have increasingly sought to promote truth in advertising. As a result, advertising regulation has exploded in the recent decades. Recently, the beauty and fashion industries have come under fire from advertising regulatory bodies, most notably in Europe, for misleading and offensive advertising practices. Regulators and interest groups are concerned by the unrealistic …
Is Prayer Constitutional At Municipal Council Meetings?, Thomas A. Schweitzer
Is Prayer Constitutional At Municipal Council Meetings?, Thomas A. Schweitzer
Thomas A. Schweitzer
The author discusses Galloway v. Town of Greece, a case which challenges official prayers at town council meetings. To provide the necessary background information for understanding the issues in Galloway, the author begins with a brief discussion of two other cases, Lemon v. Kurtzman and Marsh v. Chambers. The author then examines the district and circuit court decisions in Galloway and the Establishment Clause issues posed by the case. Next, the author notes issues raised by other lower court decisions involving legislative prayer after Marsh. Towards the end of the article, to clarify and decide the constitutional issues, the author …
Inflammatory Speech: Outrage Versus Intimidation, Alexander Tsesis
Inflammatory Speech: Outrage Versus Intimidation, Alexander Tsesis
Alexander Tsesis
No abstract provided.
Court Of Appeals Of New York - Catholic Charities Of The Diocese Of Albany V. Serio, Sarah Marx
Court Of Appeals Of New York - Catholic Charities Of The Diocese Of Albany V. Serio, Sarah Marx
Touro Law Review
No abstract provided.
Paycheck Protection Or Paycheck Deception? When Government “Subsidies” Silence Political Speech, Brian Olney
Paycheck Protection Or Paycheck Deception? When Government “Subsidies” Silence Political Speech, Brian Olney
UC Irvine Law Review
No abstract provided.
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann
William & Mary Journal of Race, Gender, and Social Justice
This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Chancellor’s Honors Program Projects
No abstract provided.
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Stephen M. Feldman
No abstract provided.
Globally Speaking—Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta Esperanza Hernández-Truyol
Globally Speaking—Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta Esperanza Hernández-Truyol
Michigan Law Review First Impressions
Globally speaking, international law and the vast majority of domestic legal systems strive to protect the right to freedom of expression. The United States' First Amendment provides an early historical protection of speech-a safeguard now embraced around the world. The extent of this protection, however, varies among states. The United States stands alone in excluding countervailing considerations of equality, dignitary, or privacy interests that would favor restrictions on speech. The gravamen of the argument supporting such American exceptionalism is that free expression is necessary in a democracy. Totalitarianism, the libertarian narrative goes, thrives on government control of information to the …
Globally Speaking - Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta E. Hernández-Truyol
Globally Speaking - Honoring The Victims' Stories: Matsuda's Human Rights Praxis, Berta E. Hernández-Truyol
UF Law Faculty Publications
Globally speaking, international law and the vast majority of domestic legal systems strive to protect the right to freedom of expression. The United States’ First Amendment provides an early historical protection of speech—a safeguard now embraced around the world. The extent of this protection, however, varies among states.
The United States stands alone in excluding countervailing considerations of equality, dignitary, or privacy interests that would favor restrictions on speech. The gravamen of the argument supporting such American exceptionalism is that free expression is necessary in a democracy. Totalitarianism, the libertarian narrative goes, thrives on government control of information to the …
When Free Exercise Is A Burden: Protecting "Third Parties" In Religious Accommodation Law, Kara Loewentheil
When Free Exercise Is A Burden: Protecting "Third Parties" In Religious Accommodation Law, Kara Loewentheil
Kara Loewentheil
During the 2014 U.S. Supreme Court term, the Court considered two challenges to the contraceptive coverage requirement of the Affordable Care Act. These cases attracted enormous attention, and brought a new urgency to the principle that requests for religious accommodations should be weighed against any burdens such accommodations would impose on “third parties,” who are more accurately termed “existing rights-holders.” However, neither courts nor scholars have provided a consistent or principled way of thinking through how to evaluate such burdens and how to weigh them against free exercise rights. This Article takes up that challenge, using the example of the …
Off-Campus Cyberbullying: First Amendment Problems, Parameters, And Proposal, David R. Hostetler
Off-Campus Cyberbullying: First Amendment Problems, Parameters, And Proposal, David R. Hostetler
Brigham Young University Education and Law Journal
No abstract provided.
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe
Cornell Law Faculty Publications
When should a constitutional democracy allow private associations to discriminate? That question has become prominent once again, not only in the United States but abroad as well. John Inazu provides a provocative answer in his impressive Article, The Four Freedoms and the Future of Religious Liberty. According to his proposal, “strong pluralism,” associations should have a constitutional right to limit membership on any ground, including race. Strong pluralism articulates only three limits: It does not apply to the government, to commercial entities, or to monopolistic groups. In this Response, I raise four questions about Four Freedoms. First, I ask why …
Toward A Multiple Consciousness Of Language: A Tribute To Professor Mari Matsuda, Shannon Gilreath
Toward A Multiple Consciousness Of Language: A Tribute To Professor Mari Matsuda, Shannon Gilreath
Michigan Law Review First Impressions
I am thrilled to be part of this commemoration of the twenty-fifth anniversary of Professor Matsuda's influential article Public Response to Racist Speech: Considering the Victim's Story. I first read Matsuda's essay as a law student when, I must confess, the mind-numbing one-dimensionality of the law-as one must learn it in the prevailing method-drove me a little crazy. Law school is an environment where the Socratic method reduces people's stories-the stuff of which law is made-to something lawyers like to call "the facts," and where real-life people, in whom I saw so much of myself-people like Michael Hardwick, for example-get …
Political Power, A Religious Agenda, And The Failings Of The Endorsement Test: Hasidic Educational Separatism And The East Ramapo School Board, Kathleen Lockwood
Political Power, A Religious Agenda, And The Failings Of The Endorsement Test: Hasidic Educational Separatism And The East Ramapo School Board, Kathleen Lockwood
First Amendment Law Review
No abstract provided.
What You Sign Up For: Public University Restrictions On “Professional” Student Speech After Tatro V. University Of Minnesota, William Bush
What You Sign Up For: Public University Restrictions On “Professional” Student Speech After Tatro V. University Of Minnesota, William Bush
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
An Update To Striking A Balance: Freedom Of The Press Versus Children's Privacy Interests In Juvenile Dependency Proceedings, William Wesley Patton, Kelly Crecco
An Update To Striking A Balance: Freedom Of The Press Versus Children's Privacy Interests In Juvenile Dependency Proceedings, William Wesley Patton, Kelly Crecco
First Amendment Law Review
No abstract provided.
False Speech: Quagmire?, Christopher P. Guzelian
False Speech: Quagmire?, Christopher P. Guzelian
San Diego Law Review
Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …