Law Commons^™

The Modern University Campus: An Unsafe Space For The Student Press?, Patrick Malone

Fordham Law Review

This Note summarizes how courts have interpreted the First Amendment’s application to student publications on university campuses. It then considers the evolution of Title IX and how it has affected students’ First Amendment rights. Additionally, it acknowledges the interests at stake on the part of student publications and broader campus communities. Ultimately, this Note argues that the Department of Education should issue updated guidance that ensures adequate First Amendment protections for students and their publications. It also proposes steps that actors can take on university campuses to support this effort.

Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon

Fordham Law Review

Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …

Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Free Speech And Civil Liberties In The Second Circuit, Floyd Abrams

Fordham Law Review

Much of the development of First Amendment law in the United States has occurred as a result of American courts rejecting well-established principles of English law. The U.S. Supreme Court has frequently rejected English law, permitting far more public criticism of the judiciary than would be countenanced in England, rejecting English libel law as being insufficiently protective of freedom of expression and holding that even hateful speech directed at minorities receives the highest level of constitutional protection. The Second Circuit has played a major role in the movement away from the strictures of the law as it existed in the …

Lawyer Speech In The Regulatory State, Renee Newman Knake

Fordham Law Review

A lawyer’s speech as advisor and advocate not only holds First Amendment value for the client and for the public, but also for the functioning of American democracy. This is supported both by foundational values undergirding the First Amendment as well as Supreme Court doctrine. This Article builds upon that analysis to posit that lawyers for the regulatory state ought not to be treated as government employees for purposes of the First Amendment when engaged in speech about workplace conditions related to curbing abuse of power, corruption, or other illegality. While this position runs counter to the existing precedent of …

Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo

Fordham Urban Law Journal

No abstract provided.

The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche

Fordham Urban Law Journal

No abstract provided.

Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub

Fordham Urban Law Journal

No abstract provided.

Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert

Fordham Urban Law Journal

No abstract provided.

Policing, Protestors, And Discretion, Alafair Burke

Fordham Urban Law Journal

No abstract provided.

A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton

Fordham Urban Law Journal

No abstract provided.

Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, Amy Loprest, Bethany Perskie

Fordham Urban Law Journal

No abstract provided.

Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan

Fordham Urban Law Journal

No abstract provided.

Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan

Fordham Urban Law Journal

No abstract provided.

Introduction, Martin E. Connor

Fordham Urban Law Journal

No abstract provided.

The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, Dick Carpenter, Jeffrey Milyo

Fordham Urban Law Journal

No abstract provided.

Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, Jocelyn Benson

Fordham Urban Law Journal

Since the founding of our democracy, attempts to curb the influence of money in the political process consistently fall short of their goal. In fact, a growing number of cynics see campaign finance reform—or any effort to reduce the impact of money in the political process—as inherently doomed to fail. With the recent dearth of meaningful campaign finance reform on the federal level in the post-Citizens United era, reform advocates must look to the states to explore and enact changes to the law that will promote a healthier role for money in politics. This Article reviews efforts to reform government …

The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein

Fordham Urban Law Journal

No abstract provided.

Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer

Fordham Urban Law Journal

No abstract provided.

Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich

Fordham Urban Law Journal

No abstract provided.

The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler

Fordham Urban Law Journal

No abstract provided.

Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton

Fordham Urban Law Journal

No abstract provided.

Two Tests Unite To Resolve The Tension Between The First Amendment And The Right Of Publicity, Dora Georgescu

Fordham Law Review

The right of publicity is an established legal doctrine that grants individuals the exclusive right to control the commercial use of their image. Though it has many important and laudable uses, one unfortunate consequence of the right of publicity is that it restricts artists’ abilities to portray real persons in their works. In so doing, the right of publicity directly conflicts with the First Amendment protections of an individual’s freedom of expression.

While the U.S. Supreme Court addressed this tension in Zacchini v. Scripps-Howard Broadcasting Co., the Court did not create a clear standard for balancing the interests of …

Meta Rights, Charlotte Garden

Fordham Law Review

Are individuals entitled to notice of their constitutional rights or assistance in exercising those rights? In most contexts, the answer is no. Yet, there are some important exceptions, in which the U.S. Supreme Court has held that special circumstances call for notice and procedural protections designed to facilitate rights invocations. This Article refers to these entitlements as “meta rights”—rights that protect rights. The most famous of these is the Miranda warning, which notifies suspects of their Fifth Amendment rights to silence and an attorney. There are others as well—among them, the First Amendment right of individuals represented by public sector …