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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 ...


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.


Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd Jun 2017

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


The Roberts Court And Freedom Of Speech, Erwin Chemerinsky Jun 2017

The Roberts Court And Freedom Of Speech, Erwin Chemerinsky

Erwin Chemerinsky

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years ...


The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber Aug 2016

The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber

Daniel A Farber

No abstract provided.


Holmes And Brennan, Howard M. Wasserman Dec 2015

Holmes And Brennan, Howard M. Wasserman

Howard M Wasserman

This article jointly examines two legal biographies of two landmark First Amendment decisions and the justices who produced them. In The Great Dissent (Henry Holt and Co. 2013), Thomas Healy explores Oliver Wendell Holmes’s dissent in Abrams v. United States (1919), which arguably laid the cornerstone for modern American free speech jurisprudence. In The Progeny (ABA 2014), Stephen Wermiel and Lee Levine explore William J. Brennan’s majority opinion in New York Times v. Sullivan (1964) and the development and evolution of its progeny over Brennan’s remaining twenty-five years on the Court. The article then explores three ideas ...


Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown Aug 2015

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Ronald Brown

No abstract provided.


Terrorism And The Bill Of Rights, Rodney A. Smolla Jul 2015

Terrorism And The Bill Of Rights, Rodney A. Smolla

Rod Smolla

This year is the Tenth Anniversary of the William & Mary Bill of Rights Journal, and the Journal is very fortunate and honored to have Professor Rodney Smolla publish an article in this year's volume. Professor Smolla played an integral role in the founding and organizing of not only the Journal, but also the Institute of Bill of Rights Law at William & Mary Law School. The Journal extends its most appreciative thanks to Professor Smolla for all his help. In this Article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case which ...


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jul 2015

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

Rod Smolla

No abstract provided.


Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jul 2015

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Rod Smolla

No abstract provided.


Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla Jul 2015

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Rod Smolla

No abstract provided.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jul 2015

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Rod Smolla

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti Jul 2015

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti

Nicole Negowetti

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production ...


The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken Jun 2015

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken

Samuel R. Olken

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and ...


Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel Apr 2015

Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel

Randy J Kozel

More than four decades have passed since the U.S. Supreme Court revolutionized the First Amendment rights of the public workforce. In the ensuing years the Court has embarked upon an ambitious quest to protect expressive liberties while facilitating orderly and efficient government. Yet it has never articulated an adequate theoretical framework to guide its jurisprudence. This Article suggests a conceptual reorientation of the modern doctrine. The proposal flows naturally from the Court’s rejection of its former view that one who accepts a government job has no constitutional right to complain about its conditions. As a result of that ...


Confrontational Contestation And Democratic Compromise: The Sunflower Movement And Its Aftermath, Brian Christopher Jones, Yen-Tu Su Dec 2014

Confrontational Contestation And Democratic Compromise: The Sunflower Movement And Its Aftermath, Brian Christopher Jones, Yen-Tu Su

Brian Christopher Jones

This piece describes the two conflicting governmental visions involved in the events surrounding the Taiwan Sunflower Movement, and attempts to justify the Movement from the perspective of democratic theory. In doing so we analyse the justifications Sunflower Movement leaders put forward for their occupation, and present a novel theory of “confrontational contestation”. The theory stems from the belief that the Sunflower Movement events represented a unique type of democratic disobedience, and new understandings regarding disobedience have emerged from these circumstances. The second part of our paper analyses the cases for and against prosecuting Sunflower Movement members. Ultimately, we decide that ...


Religious Anti-Vilification Laws: Gatekeeping Freedom Of Religion And Freedom Of Speech In Australia, Neil J. Foster Sep 2013

Religious Anti-Vilification Laws: Gatekeeping Freedom Of Religion And Freedom Of Speech In Australia, Neil J. Foster

Neil J Foster

Freedom of religion and freedom of speech, two fundamental human rights, intersect and may clash when the law prohibits “vilification” of others on the basis of their religion, especially if the word is defined broadly enough to include mere offence or annoyance. The paper addresses the current state of religious “anti-vilification” laws in Australia, and recent important appellate decisions on freedom of speech, to discuss whether current laws adequately provide an appropriate balance in this important area of public life.


The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber Sep 2013

The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber

Daniel A Farber

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber Sep 2013

Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber

Daniel A Farber

No abstract provided.


Terrorism And Associations, Ashutosh A. Bhagwat Feb 2013

Terrorism And Associations, Ashutosh A. Bhagwat

Ashutosh Bhagwat

The domestic manifestation of the War on Terror has produced the most difficult and sustained set of controversies regarding the limits on First Amendment protections for political speech and association since the anti-Communist crusades of the Red Scare and McCarthy eras. An examination of the types of domestic terrorism prosecutions that have become common since the September 11 attacks reveals continuing and unresolved conflicts between national security needs and traditional protections for speech and (especially) associational freedoms. Yet the courts have barely begun to acknowledge, much less address, these serious issues. In the Supreme Court’s only sustained engagement with ...


Speech And The Self-Governance Value, Brian C. Murchison Jan 2013

Speech And The Self-Governance Value, Brian C. Murchison

Brian C. Murchison

No abstract provided.


Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman Dec 2012

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Symposium: No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision , Jamin B. Raskin Aug 2012

Symposium: No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision , Jamin B. Raskin

Jamin Raskin

The Supreme Court's decision in Tinker v. Des Moines Independent Community School District forty years ago did for the ideal of expressive freedom in America's public schools what Brown v. Board of Education did for the ideal of racial equality. It made a core value of the Bill of Rights spring to life for young people facing authoritarian treatment at the hands of adult officials running their school systems. By privileging the right of students to engage in passionate political communication over the school's interest in maintaining discipline or the community’s interest in maintaining pro-war consensus ...


Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur Dec 2011

Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur

Gregory A. Kalscheur, S.J.

What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a ...