Digital Commons Network^™

Where Do We Go From Here? Reconsidering Crowd Management And Control In The Wake Of The George Floyd Era Of Protests., Nicholas Steiger

Master of Arts in Criminal Justice Leadership

This research evaluated police response to protests and considered crowd management and control in the wake of the George Floyd era of protests. The research reviewed the history of crowd management and control and evaluated new methods to increase police legitimacy. It proposed the adoption of the Elaborated Social Identity Model of crowd control and provided agencies with additional recommendations that may increase ethical decision-making. It proposed that forming multi-jurisdictional mobile field force teams for crowd management and control will increase the professionalism of the police and help ensure the rights and safety of those participating in First Amendment activities. …

Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales

Doctoral Dissertations

In addition to a global pandemic, the past three years have been marked by racial, social, and political unrest. These circumstances add meaningful context to examine and better understand factors that undermine free expression and contribute to self-censorship among university staff and administrators. To date, few studies have holistically explored the unique experiences of university staff and administrators with self-censorship and how this phenomenon affects their experience on college and university campuses. Understanding why staff and administrators choose to self-censor may allow for a deeper discussion about speech climate and the degree to which colleges and universities implement and uphold …

Censorship Concerns In College Media: A Multiple Case Study Analysis On The Silencing Of Student Journalists, Haley Nicole Matlock

LSU Doctoral Dissertations

The aim of this qualitative study was to conduct a multiple case study that provides an analysis of censorship concerns at campus newspapers affiliated with public, four-year universities. Eighteen individuals from seven institutions participated in interviews. Interviewees consisted of former and current student journalists and advisers who worked at university publications where allegations of censorship have occurred within the last decade. The Student Press Law Center routinely investigates claims of censorship and provides pro bono legal counsel to student journalists (Zagier, 2011). While courts commonly sided with students in disagreements regarding free speech, Hazelwood v Kuhlmeier (1988) scaled back freedoms …

The Intersection Of Free Speech And Abortion: How Federal Courts Are Influencing Doctrine To Further Anti-Abortion Goals, Gina Tan

Political Science

Maintaining the accessibility to abortion has been a longstanding battle. While funding for Crisis Pregnancy Centers is increasing, states are cutting funding for abortion clinics (Ludden, 2015) and they are closing at a rate of 1.5 each week (Redden, 2015). Since Roe v. Wade (1973), hundreds of cases have been brought to challenge its legality and limit it as much as possible. The inability to challenge Roe directly has led many conservative legislators to play abortion politics by proxy, regulating what goes on inside and outside clinics, and the federal courts’ play a pivotal role in reviewing these regulations. During …

"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler

Scripps Senior Theses

In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy …

(Lie)Alectics And The Discursive Dequeerification Of Political Spaces Based On Religious Freedoms: A Critical Rhetorical Analysis Of The Mormon And Gay Website, Myra N. Roberts

Communication ETDs

Over the past decade, sexual orientation and identity has increasingly been added to state and federal anti-discrimination laws, prompting a rhetorical situation by the Christian Right in attempts to exempt themselves from upholding anti-discrimination laws pertaining to sexual identity and orientation. This study analyzes the Mormon and Gay website—a website dedicated to advancing the position of the Mormon Church on issues of non-heterosexuality. Utilizing rhetorical textual analysis, I develop two theoretical frameworks: (lie)alectics and dequeerification to demonstrate how the discourse under examination attempts to appear non-homophobic while maintaining homophobic church doctrine. I argue that this model stands to influence the …

The Understanding Of Absolute Right To Freedom Of Expression In The Case Of Hate Speech, Qinqin Wang

USF Tampa Graduate Theses and Dissertations

The purpose of this paper is to explore whether there is an absolute right to freedom of expression with regard to hate speech, and more specifically, whether tolerance should be exercised toward speech even in circumstances where this speech presents a clear and present danger to the public. The author will use legal research methods to analyze this question. The paper will delve into four major Supreme Court cases in the case of hate speech, as well as the decision by the Virginia Court that allowed the rally in Charlottesville which ended with the death of 32-year old woman. The …

Masterpieces Or Simply Wedding Cakes? Exploring The Boundaries Of Freedom Of Speech Through United States Supreme Court Case Masterpiece Cakeshop V. Colorado Civil Rights Commission, Margaret Mclean Quick

Honors Theses and Capstones

No abstract provided.

Speech On College Campuses: Methods, Motives, And Movements, Sam Minter

CMC Senior Theses

Are campus movements concerning free speech—from Berkeley in the 1960s to the campaign against political correctness today—really about speech? Are movements really concerned with civil liberties on campus or are their calls for free speech excited by partisan motives? While free speech movements are never purely driven by civil libertarian concerns, they should not be considered simply partisan either. Campus speech movements have frequently united activists across the ideological spectrum, which suggests that these movements aren’t only sectarian in nature. It also confirms that these movements are in fact about speech, because those advocating for it have a wide range …

The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson

Journalism

The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …

God's Eye News: The Use Of Drones In Journalism, A Documentary Film, Robert Lance Carroll

Theses and Dissertations

This thesis uses the format of documentary film to investigate the aesthetic, legal, and ethical issues surrounding the use of Unmanned Aircraft Systems, commonly known as drones, in journalism. Particularly important are the topics of public perception, safety, freedom of speech, and privacy. Do journalists' First Amendment protections extend to the right to gather images using drones? How will the privacy of citizens be protected against aerial cameras that can go virtually unnoticed? Can drones be safely integrated into the National Airspace System? The goal of the documentary is not necessarily to answer these questions, but to gather opinions from …

Operation Judicial Review: A Comparative Analysis Of The Role Of The Judiciary In Domestic And Foreign Detention And Material Support Cases During The War On Terror, Tyler Mitchell

Honors Capstone Projects - All

The Bush and Obama administrations have pursued a military campaign during the War on Terror in which “the world is a battlefield.” The globalized nature of contemporary warfare has tested the limits of constitutional protections for individuals under the control of the United States government. My distinction thesis focuses on the extension of constitutional rights and, in turn, the maintenance of the separation of powers during the War on Terror. I provide a comparative analysis of the role of the judiciary to reconcile constitutional First Amendment free speech & association and habeus corpus rights with federal executive & legislative counterterrorism …

Handcuffing Speech: Federal Fraud Statutes And The Criminalization Of Advertising, Carmen Maye

Theses and Dissertations

The potential criminalization of deceptive advertising implicates the adequacy of regulatory oversight by the Federal Trade Commission (FTC) and the proper balance between the free flow of information and the Government’s role in consumer protection. Is there a need for, and room for, both FTC and Department of Justice (DOJ) oversight on the deceptive advertising front? These issues have ramifications for the courts, who bear the burden of adjudicating challenged applications of that policy, and also for the orderly functioning of government, which must accommodate the convergence of competing interests and divisions of authority.

Many fraudulent schemes are perpetuated without …

Occupy Mall Street? How The Court Conditioned Public Space Where People Go, Anthony Maniscalco

Dissertations, Theses, and Capstone Projects

This thesis explores the tension between practicable space and property rights. That tension has frequently animated legal contests over political expression in privately owned, publicly accessible marketplaces in the United States. Do American marketplaces function as marketplaces of ideas? Should they? In order to examine those questions, I survey the Supreme Court's considerations of expressive activity on public and commercial property, in particular, shopping centers. I begin by developing indications of public space, as well as noting the challenges for civic inclusion within the modern political sphere. Next, I survey historical practices of public space within (Western) marketplaces. Those practices …

Leadership Bias: The Case Of The Cherokee Freedmen, Kristi Barnett Williams

LSU Master's Theses

Journalists inform residents living on or near Native American reservations about key policy issues. Since most tribal councils own and operate their news outlets, retaliation towards journalists working for the tribe is a real concern if the leadership does not appreciate the message. In response to the threat of retaliation, some tribes, like the Cherokee Nation, have legal protections for journalists. The Cherokee Nation’s newspaper, the Cherokee Phoenix, operates under the guidelines of the Cherokee Independent Press Act (CIPA) originally passed in 2000 and amended in 2009. CIPA was the first of its kind in Indian Country. This thesis analyzes …

Speak, And Speak Immediately : The Risen Subpoena, The Executive Branch, And The Reporter's Privilege, Matthew Schafer

LSU Master's Theses

In 1972, Branzburg v. Hayes required the Supreme Court to consider whether the First Amendment to the United States Constitution conferred on journalists a right to quash grand jury subpoenas issued by the government. The Court held in a five-to-four opinion that it did not. Yet, in 2011, a federal district judge found that James Risen, a New York Times reporter, had a First Amendment reporter’s privilege that protected him from having to reveal his source for a book chapter about a secretive CIA operation. This judge is not alone in finding such a privilege in spite of Branzburg; indeed, …

The Corporation In The Marketplace Of Ideas: The Law And Economics Of Corporate Political Speech, Matthew W. Telleen

Theses and Dissertations

In 2010, the Supreme Court decided Citizens United v. FEC, and raised the ire of commentators around the country. The President even criticized the ruling during the State of the Union Address. But corporate political speech has existed at various levels throughout history, and the debate is often clouded by complex balancing tests and convoluted reasoning. In this dissertation, the methodology of law and economics is utilized to analyze the value of corporate political speech to the marketplace of ideas. Chapter 1 introduces Tracing the history of Supreme Court decisions dealing with corporate political speech, variables can be isolated that …