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Digitus Impudicus: The Middle Finger And The Law, Ira Robbins Apr 2008

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 …


Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith Feb 2008

Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith

American University Law Review

Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …


Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt Jan 2008

Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt

American University Law Review

No abstract provided.