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Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Tinkering With Circuit Conflicts Beyond The Schoolhouse Gate, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Speech Across Borders, Jennifer Daskal
Speech Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …
Thwarting Speech On College Campuses, Stephen Wermiel
Thwarting Speech On College Campuses, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Ongoing Challenge To Define Free Speech, Stephen Wermiel
The Ongoing Challenge To Define Free Speech, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine
The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine
Articles in Law Reviews & Other Academic Journals
As lawsuits over the right of publicity proliferate among athletes and other celebrities, there is renewed interest, by litigants and judges alike, in the one decision by the U.S. Supreme Court that addresses a tort action arising from a "publicity" related claim, Zacchini v. Scripps-Howard Broadcasting Co. Although the 1977 ruling is often cited as holding that the right of publicity tort survives constitutional scrutiny under the First Amendment, an examination of the case and of the Supreme Court justices' available papers shows that the Court did not view the case as presenting the type of claim that has become …
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Farley
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Farley
Articles in Law Reviews & Other Academic Journals
Many tobacco company trademarks, such as MARLBORO, are extremely valuable. But valuable trademarks are often vulnerable both to copyists and to parodists. Tobacco trademarks face the additional vulnerability of onerous public health regulations, which can limit their appearance and use. When tobacco companies challenge these health regulations they do so on the grounds that the regulations violate their First Amendment speech rights. The law that is applied in these challenges is well developed, clear and predictable. When tobacco companies challenge unauthorized third-party uses of their marks, the speech rights involved are dealt with in a distinctly different manner. Under trademark …
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Haight Farley, Kavita Devaney
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Haight Farley, Kavita Devaney
Articles in Law Reviews & Other Academic Journals
Many tobacco company trademarks, such as MARLBORO, are extremely valuable. But valuable trademarks are often vulnerable both to copyists and to parodists. Tobacco trademarks face the additional vulnerability of onerous public health regulations, which can limit their appearance and use. When tobacco companies challenge these health regulations they do so on the grounds that the regulations violate their First Amendment speech rights. The law that is applied in these challenges is well developed, clear and predictable. When tobacco companies challenge unauthorized third-party uses of their marks, the speech rights involved are dealt with in a distinctly different manner. Under trademark …
What Is The Meaning Of Like: The First Amendment Implications Of Social-Media Expression, Ira Robbins
What Is The Meaning Of Like: The First Amendment Implications Of Social-Media Expression, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Everywhere the Internet goes, new legal problems are sure to follow. As social media expands and infiltrates our daily lives, society must grapple with how to extend the law to modern situations. This problem becomes increasingly pressing as more and more of our social interactions take place online. For example, Facebook has become a colossal gathering place for friends, families, co-workers, frenemies, and others to disseminate their ideas and share information. Sometimes Facebook replaces old institutions; other times it augments them. Where once a neighbor would show allegiance to a political candidate by staking a sign on the front lawn, …
The Making Of Modern Libel Law: A Glimpse Behind The Scenes, Stephen Wermiel, Lee Levine
The Making Of Modern Libel Law: A Glimpse Behind The Scenes, Stephen Wermiel, Lee Levine
Articles in Law Reviews & Other Academic Journals
No abstract provided.
No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision, Jamin B. Raskin
No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
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, the Tinker decision was …
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Articles in Law Reviews & Other Academic Journals
The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
The Supreme Court's decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), did for the ideal of freedom in America's public schools what Brown v. Board of Education, 347 U.S. 483 (1954), did for the ideal of equality. It made a core value of the Bill of Rights spring to life for young people facing unjust policies and authoritarian treatment at the hands of adult officials in local school systems. In his remarkable opinion for the majority, Justice Abe Fortas upheld thirteen-year-old Mary Beth Tinker's First Amendment right to wear a black antiwar armband to …
Religious Liberty And The Law, Stephen Wermiel
Religious Liberty And The Law, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Exploring The Myths About The Ninth Circuit, Stephen Wermiel
Exploring The Myths About The Ninth Circuit, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Articles in Law Reviews & Other Academic Journals
From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher
Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.