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Constitutional Law

Selected Works

2019

Freedom of Speech

Articles 1 - 8 of 8

Full-Text Articles in Entire DC Network

The First Amendment And The World, Timothy Zick Sep 2019

The First Amendment And The World, Timothy Zick

Timothy Zick

No abstract provided.


The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick Sep 2019

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Timothy Zick

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …


Space, Place, And Speech: The Expressive Topography, Timothy Zick Sep 2019

Space, Place, And Speech: The Expressive Topography, Timothy Zick

Timothy Zick

No abstract provided.


Rights Dynamism, Timothy Zick Sep 2019

Rights Dynamism, Timothy Zick

Timothy Zick

No abstract provided.


Professional Rights Speech, Timothy Zick Sep 2019

Professional Rights Speech, Timothy Zick

Timothy Zick

Some regulations of professional-client communications raise important, but sofar largely overlooked, constitutional concerns. Three recent examples of professional speech regulation-restrictions on physician inquiries regarding firearms, "reparative" therapy bans, and compelled abortion disclosures-highlight an important intersection between professional speech and constitutional rights. In each of the three examples, state regulations implicate a non-expressive constitutional right--the right to bear arms, equality, and abortion. States are actively, sometimes even aggressively, using their licensing authority to limit and structure conversations between professionals and their clients regarding constitutional rights. The author contends that government regulation of "professional rights speech" should be subjected to heightened First …


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Sep 2019

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Linda A. Malone

No abstract provided.


The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann Sep 2019

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Laura A. Heymann

No abstract provided.


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2019

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Jennifer R. Franklin

No abstract provided.