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Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs Oct 2017

Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs Oct 2017

Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs

Leslie Gielow Jacobs

This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to ...


Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs Oct 2017

Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs

Leslie Gielow Jacobs

In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the Court extended its previous holding in Pleasant Grove City, Utah v.Summum that a city’s donated park monuments were government speech to the privately proposed designs that Texas accepts and stamps onto its specialty license plates. The placement of the program into the new doctrinal category is significant because the selection criteria for government–private speech combinations that produce government speech are “exempt from First Amendment scrutiny.” By contrast, when the government selects private speakers to participate in a private speech forum, its criteria must be reasonable in ...


What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs Mar 2017

What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs Mar 2017

The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs Mar 2017

Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs

Leslie Gielow Jacobs

Regulation of nonviolent political-protest activities outside abortion clinics must balance the constitutional rights to free speech and to choose abortion, and the social value of nonviolent political protest. This Article examines and questions two current assumptions about the proper scope of government regulations. The first assumption is that, absent a constitutional obstacle under prevailing free speech jurisprudence, it is appropriate to enjoin or statutorily enhance sanctions for any variety of nonviolent political-protest activities that block access to clinics or constitute illegal trespasses. This Article argues that for a particular type of nonviolent political protest-conduct that is equivalent to speech on ...


Global Issues In Freedom Of Speech And Religion: Cases And Materials, Leslie Gielow Jacobs, Alan Brownstein Mar 2017

Global Issues In Freedom Of Speech And Religion: Cases And Materials, Leslie Gielow Jacobs, Alan Brownstein

Leslie Gielow Jacobs

Brownstein and Jacobs's Global Issues in Freedom of Speech and Religion: Cases and Materials is a companion volume to existing materials. Designed to assist professors in introducing issues of international and comparative law, this title is ideal for use in educational courses that address:

  • The First Amendment
  • Law and religion
  • Individual rights
  • Other topics dealing with free speech and religious liberty


In order to make companion materials understandable and accessible to students as well as to professors who have not taught the materials before, this title:

  • Includes case excerpts, helpful background materials, and notes
  • Is set out in a ...


Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs Mar 2017

Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs Mar 2017

Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs

Leslie Gielow Jacobs

This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future ...


The Public Sensibilities Forum, Leslie Gielow Jacobs Mar 2017

The Public Sensibilities Forum, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Is There An Obligation To Listen?, Leslie Gielow Jacobs Mar 2017

Is There An Obligation To Listen?, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs Mar 2017

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs Mar 2017

Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs Mar 2017

Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs Mar 2017

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.