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Campus Protests And Competing Marketplaces: A Legal Examination Of Operative Tension Between The Marketplace Of Ideas And The Neoliberal Marketplace, Gillian Patricia Foss Mar 2021

Campus Protests And Competing Marketplaces: A Legal Examination Of Operative Tension Between The Marketplace Of Ideas And The Neoliberal Marketplace, Gillian Patricia Foss

LSU Doctoral Dissertations

This dissertation analyzes the marketplace of ideas analogy, a longstanding force in First Amendment jurisprudence, as it evolves within the same operational contexts as neoliberal economic policy in higher education. To accomplish this, the study focuses on students, the campus population whose activism patterns are distinctively associated with renewed public debate over free speech in university settings. The study combined legal and qualitative research methods to explore a modern campus environment, rife for student dissent, that exists in unresolved tension between the legal underpinnings of the marketplace of ideas analogy and institutional behaviors increasingly linked to neoliberalism. After all: findings …


Censorship Concerns In College Media: A Multiple Case Study Analysis On The Silencing Of Student Journalists, Haley Nicole Matlock Jan 2021

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 …


How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard Jul 2018

How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard

LSU Master's Theses

Some scholarship and political experts describe voter ID laws as a form of voter suppression because they make it harder for certain groups of people to vote. First, this thesis considers the historical backdrop of voter discrimination resulting in the passage of the Voting Rights Act of 1965, and subsequent state uses of registration and voter ID laws. Then, this study reviews the theoretical foundation of freedom of expression as developed by Thomas Emerson and individual and social free expression values, including the social value of self-governance explicated by Alexander Meiklejohn. Some scholars also suggest that voter ID laws may …


Leadership Bias: The Case Of The Cherokee Freedmen, Kristi Barnett Williams Jan 2014

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 Jan 2013

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, …