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Full-Text Articles in Law
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
BYU Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
BYU Law Review
No abstract provided.
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
BYU Law Review
No abstract provided.
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Justice Souter On Government Speech, Sheldon Nahmod
Justice Souter On Government Speech, Sheldon Nahmod
BYU Law Review
No abstract provided.
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
BYU Law Review
No abstract provided.
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review
No abstract provided.
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay
BYU Law Review
No abstract provided.
Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson
Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson
Brigham Young University Education and Law Journal
No abstract provided.
Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett
Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett
BYU Law Review
No abstract provided.
Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay
Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay
BYU Law Review
No abstract provided.
To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond
To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond
Brigham Young University Education and Law Journal
No abstract provided.
Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith
Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith
BYU Law Review
No abstract provided.