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Washington and Lee Law Review

Freedom of speech

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Masterpiece Of Misdirection?, Mark Strasser Jun 2019

Masterpiece Of Misdirection?, Mark Strasser

Washington and Lee Law Review

In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the United States Supreme Court overruled a finding that a religious baker had violated a state antidiscrimination law when refusing to create a wedding cake for a same-sex couple. The decision might seem to have been a masterful resolution of an extremely difficult case because the Court issued a narrow opinion that seemed to affirm free exercise rights while at the same time affirming the right of same-sex couples to marry. Yet, the opinion, along with the accompanying concurrences and dissent, may well destabilize various settled areas of constitutional law …


Attorney Advice And The First Amendment, Renee Newman Knake Mar 2011

Attorney Advice And The First Amendment, Renee Newman Knake

Washington and Lee Law Review

An attorney’s advice for navigating and, when necessary, challenging the law is essential to American democracy. Yet the constitutional protection afforded to this category of speech is not clear; indeed, some question whether it should be protected at all. While legal ethics scholars have addressed attorney speech in other circumstances, none has focused exclusively on the First Amendment protection for attorney advice, particularly in light of the Supreme Court’s recent attention to the matter. Nor have constitutional law scholars given this issue the attention it deserves, though they acknowledge that it presents an important and unresolved question within First Amendment …


The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West Mar 2010

The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West

Washington and Lee Law Review

Increasingly more "ordinary"A mericans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories; they are exposing private information about others as well. The faceoff between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographicals peech is a unique and important category of speech that is at risk of being undervalued under current Law. This Article builds on my earlier work by addressing the emerging conflict between …


Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky Jan 2008

Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky

Washington and Lee Law Review

No abstract provided.


Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs Jun 2004

Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs

Washington and Lee Law Review

No abstract provided.


Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton Mar 2004

Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton

Washington and Lee Law Review

No abstract provided.


Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland Sep 2001

Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland

Washington and Lee Law Review

No abstract provided.


The Use, Nonuse, And Misuse Of Low Value Speech, Arnold H. Loewy Jan 2001

The Use, Nonuse, And Misuse Of Low Value Speech, Arnold H. Loewy

Washington and Lee Law Review

No abstract provided.


Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers Sep 1994

Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers

Washington and Lee Law Review

No abstract provided.


Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode Jun 1994

Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode

Washington and Lee Law Review

No abstract provided.


1991 Legislation, Reports And Debates Over Federally Funded Art: Arts Community Left With An "Indecent" Compromise Sep 1991

1991 Legislation, Reports And Debates Over Federally Funded Art: Arts Community Left With An "Indecent" Compromise

Washington and Lee Law Review

No abstract provided.


Balancing First Amendment Rights Of Abortion Protestors With The Rights Of Their 'Victims' Jan 1991

Balancing First Amendment Rights Of Abortion Protestors With The Rights Of Their 'Victims'

Washington and Lee Law Review

No abstract provided.


Eliminating Distinctions Between Commercial And Political Speech: Replacing Regulation With Government Counterspeech Sep 1990

Eliminating Distinctions Between Commercial And Political Speech: Replacing Regulation With Government Counterspeech

Washington and Lee Law Review

No abstract provided.


Tortious Speech, David A. Anderson Jan 1990

Tortious Speech, David A. Anderson

Washington and Lee Law Review

No abstract provided.


Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla Jan 1990

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Washington and Lee Law Review

No abstract provided.


Mrs. Palsgraf And The First Amendment, Frederick Schauer Jan 1990

Mrs. Palsgraf And The First Amendment, Frederick Schauer

Washington and Lee Law Review

No abstract provided.


On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller Jan 1981

On Politics, Democracy, And The First Amendment: A Comment On First National Bank V. Bellotti, Arthur S. Miller

Washington and Lee Law Review

No abstract provided.


Policing The Head Shops: Are Bongs, Roach Clips, Syringes, And ... Prohibited Drug Paraphernalia? Jan 1981

Policing The Head Shops: Are Bongs, Roach Clips, Syringes, And ... Prohibited Drug Paraphernalia?

Washington and Lee Law Review

No abstract provided.


The Free Speech-Fair Trial Controversy: D R 7-107 Jan 1980

The Free Speech-Fair Trial Controversy: D R 7-107

Washington and Lee Law Review

No abstract provided.


The Right To Know And School Board Censorship Of High School Book Acquisitions Sep 1977

The Right To Know And School Board Censorship Of High School Book Acquisitions

Washington and Lee Law Review

No abstract provided.


The Demise Of The Commercial Speech Doctrine And The Regulation Of Professional's Advertising: The Virginia Pharmacy Case Jan 1977

The Demise Of The Commercial Speech Doctrine And The Regulation Of Professional's Advertising: The Virginia Pharmacy Case

Washington and Lee Law Review

No abstract provided.


The Burger Court And Freedom Of Expression, Tinsley E. Yarbrough Jan 1976

The Burger Court And Freedom Of Expression, Tinsley E. Yarbrough

Washington and Lee Law Review

No abstract provided.