Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh Dec 2011

All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh

William & Mary Bill of Rights Journal

No abstract provided.


Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino Dec 2011

Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino

William & Mary Bill of Rights Journal

Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …


Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo Nov 2011

Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo

William & Mary Law Review

No abstract provided.


Censoring The Internet, Timothy Zick Oct 2011

Censoring The Internet, Timothy Zick

Popular Media

No abstract provided.


The Occupation — Place, Balance, And Proximity, Timothy Zick Oct 2011

The Occupation — Place, Balance, And Proximity, Timothy Zick

Popular Media

No abstract provided.


The Power Of Place, Timothy Zick Oct 2011

The Power Of Place, Timothy Zick

Popular Media

No abstract provided.


Stolen Valor Act Discussion, Timothy Zick Oct 2011

Stolen Valor Act Discussion, Timothy Zick

Popular Media

No abstract provided.


Public Protest 1.0, Timothy Zick Oct 2011

Public Protest 1.0, Timothy Zick

Popular Media

No abstract provided.


Trans-Border Exclusion And Execution, Timothy Zick Oct 2011

Trans-Border Exclusion And Execution, Timothy Zick

Popular Media

No abstract provided.


The Auto-Authentication Of The Page: Purely Written Speech And The Doctrine Of Obscenity, Ryen Rasmus Oct 2011

The Auto-Authentication Of The Page: Purely Written Speech And The Doctrine Of Obscenity, Ryen Rasmus

William & Mary Bill of Rights Journal

No abstract provided.


More On The Wall Street Protest, Timothy Zick Sep 2011

More On The Wall Street Protest, Timothy Zick

Popular Media

No abstract provided.


Arab Spring On Wall Street?, Timothy Zick Sep 2011

Arab Spring On Wall Street?, Timothy Zick

Popular Media

No abstract provided.


Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick Sep 2011

Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick

Popular Media

No abstract provided.


Exporting The First Amendment, Timothy Zick Sep 2011

Exporting The First Amendment, Timothy Zick

Popular Media

No abstract provided.


First Amendment Cosmopolitanism, Timothy Zick Sep 2011

First Amendment Cosmopolitanism, Timothy Zick

Popular Media

No abstract provided.


The First Amendment’S Trans-Border Dimension, Timothy Zick Sep 2011

The First Amendment’S Trans-Border Dimension, Timothy Zick

Popular Media

No abstract provided.


New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick Sep 2011

New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick

Popular Media

No abstract provided.


The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick Sep 2011

The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick

Popular Media

No abstract provided.


Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2011

Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann Sep 2011

The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann

Faculty Publications

Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …


The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick May 2011

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Faculty Publications

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …


Government Property And Government Speech, Joseph Blocher Apr 2011

Government Property And Government Speech, Joseph Blocher

William & Mary Law Review

The relationship between property and speech is close, but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have—physical things, bundles of rights, or something else entirely?

In the context of government property and government speech, the ill-defined relationship between property …


The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman Mar 2011

The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman

William & Mary Bill of Rights Journal

Modern First Amendment jurisprudence is deeply paradoxical. On one hand,
freedom of speech is said to promote fundamental values such as individual selffulfillment, democratic deliberation, and the search for truth. At the same time, however, many leading decisions protect speech that appears to undermine these values by attacking the dignity and personality of others or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality of First Amendment jurisprudence comes from. I argue that the American free speech tradition consists of two very different strands: a liberal humanist view that emphasizes …


Badmouthing Authority: Hostile Speech About School Officials And The Limits Of School Restrictions, Emily Gold Waldman Mar 2011

Badmouthing Authority: Hostile Speech About School Officials And The Limits Of School Restrictions, Emily Gold Waldman

William & Mary Bill of Rights Journal

No abstract provided.