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- Freedom of speech (2)
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- Marriage equality (1)
- Online student speech (1)
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- Threats against the president (1)
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- United States v. Bagdasarian (1)
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Articles 1 - 4 of 4
Full-Text Articles in Entire DC Network
Decoding Student Speech Rights: Clarification And Applica-Tion Of Supreme Court Principles To Online Student Speech Cases, Courtney M. Willard
Decoding Student Speech Rights: Clarification And Applica-Tion Of Supreme Court Principles To Online Student Speech Cases, Courtney M. Willard
Golden Gate University Law Review
This Comment identifies the underlying principles of Supreme Court precedent governing student speech rights and applies those principles, as appropriate, to analyze online student speech. Part I provides a background of the four Supreme Court cases governing student speech. Four factors are identified from the Supreme Court decisions that continue to guide the analysis of student speech rights: sponsorship, location, effect, and content. Part II explores lower courts’ confusion in applying the four factors to online student speech cases. Finally, Part III examines the factors applicable to online student speech and provides guidance for future courts to analyze online student …
Castle In The Cloud: Modernizing Constitutional Protections For Cloud-Stored Data On Mobile Devices, Mark Wilson
Castle In The Cloud: Modernizing Constitutional Protections For Cloud-Stored Data On Mobile Devices, Mark Wilson
Golden Gate University Law Review
This Comment argues that the current state of Fourth Amendment law vis-à-vis searching cloud-stored documents on a mobile device is untenable. Part I of this Comment defines cloud storage and cloud computing, and it provides background information on the Stored Communications Act (SCA). Part II discusses the intricacies of applying the SCA to computers and email, which is to date the best analog for applying the SCA to cloud computing. Part III details the legislative and judicial solutions to the problems raised by new technology and concludes that, while new legislation is the most desirable response, in the meantime courts …
Marriage And The Court: San Francisco's Role In The Debate, Kathleen Morris
Marriage And The Court: San Francisco's Role In The Debate, Kathleen Morris
Publications
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Long Live The King: United States V. Bagdasarian And The Subjective-Intent Standard For Presidential "True-Threat" Jurisprudence, Kyle A. Mabe
Golden Gate University Law Review
This Note argues that the Ninth Circuit found the proper balance between protecting speech and the President by interpreting the true-threats doctrine and the construction of presidential-threat statutes to require a subjective intent to threaten, in addition to one of the traditional objective standards for true threats. The application of a solely objective standard to threats against the President leads to unsettling results that punish speech without need. Harmless but misguided individuals have been held criminally responsible for ludicrous statements based on the sensitivities of the fabled “reasonable person,” regardless of the speakers’ actual motivations for their statements. More importantly, …