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Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari Feb 2013

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari

Kevin F. O'Neill

Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20


Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill Feb 2013

Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill

Kevin F. O'Neill

This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference ...


A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill Feb 2013

A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill

Kevin F. O'Neill

This Article is designed to serve as a First Amendment “compass,” explaining the Speech Clause while offering a systematic method for analyzing any claim asserted under it. The need for this Article stems from the fact that First Amendment law is more than ever a labyrinth. For students, lawyers, and judges alike, it is difficult even to identify--much less to distinguish and apply-- the various strands of applicable precedent. This is because the Supreme Court has developed a dense mass of overlapping doctrines: drawing distinctions between content-based1 and content-neutral restrictions; drawing further distinctions between fully-protected and “low-level” categories of expression ...