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Constitutional Law

West Virginia Law Review

First amendment

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The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader Mar 2023

The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader

West Virginia Law Review

Even casual watchers of T.V. crime dramas understand the Fourth Amendment’s exclusionary rule. Under this rule, evidence obtained by the police in a search of a criminal suspect’s premises that exceeds the scope of a judicial warrant is almost always inadmissible in the suspect’s criminal trial. The rule is designed to deter unreasonable governmental intrusion into private affairs and applies without regard for the suspect’s guilt or innocence. This Article proposes that the First Amendment includes an analogous rule against governmental censorship. Under this rule, content-based speech regulations exceed the legislature’s speech rulemaking warrant and are almost always invalid. This …


Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov Jan 2023

Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov

West Virginia Law Review

Prior to exiting the White House, President Trump placed a variety of restrictions on Chinese-owned social media applications, TikTok and WeChat, threatening to greatly curtail their influence in the United States. While couching his actions in the context of national security, the former president engaged in viewpoint discrimination in plain violation of the First Amendment to the United States Constitution. The court rulings in favor of TikTok and WeChat were encouraging and should stem the tide of future government regulations of social media platforms. This article discusses how the decisions fit into the greater context of First Amendment jurisprudence and …


Professional Speech And The First Amendment, Rodney A. Smolla Sep 2016

Professional Speech And The First Amendment, Rodney A. Smolla

West Virginia Law Review

No abstract provided.


Compelled Commercial Speech, Robert Post Apr 2015

Compelled Commercial Speech, Robert Post

West Virginia Law Review

No abstract provided.


The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman Sep 2014

The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman

West Virginia Law Review

No abstract provided.


Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines Dec 2013

Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines

West Virginia Law Review

No abstract provided.


Balancing Public School Students' First Amendment Freedoms With The Blackboard Jungle: Are Students In Danger Of Becoming Another Brick In The Wall After Hazelwood?, Daniel Lattanzi Jan 2008

Balancing Public School Students' First Amendment Freedoms With The Blackboard Jungle: Are Students In Danger Of Becoming Another Brick In The Wall After Hazelwood?, Daniel Lattanzi

West Virginia Law Review

No abstract provided.


Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green Sep 2007

Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green

West Virginia Law Review

No abstract provided.


Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman Sep 2007

Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman

West Virginia Law Review

No abstract provided.


Why Student Religious Speech Is Speech, John E. Taylor Sep 2007

Why Student Religious Speech Is Speech, John E. Taylor

West Virginia Law Review

No abstract provided.