Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Constitution. 1st Amendment (2)
- Autonomy (Psychology) (1)
- Current Events (1)
- Discrimination in education (1)
- Expressive Behavior (1)
-
- Fake News (1)
- Freedom of Speech (1)
- Journalists (1)
- Jury members (1)
- New York Times Co. v. Sullivan 376 U.S. 254 (1964) (1)
- New York Times Co. v. United States 403 U.S. 713 (1971) (1)
- Practice of law (1)
- Press and Politics (1)
- Private schools-- law & legislation (1)
- School administration (1)
- Self-Realization (1)
- Social Groups (1)
- Social media (1)
- Trial practice (1)
- Truth (1)
- United States Constitution 1st Amendment (1)
- United States. Constitution. 1st Amendment (1)
- Vaccination (1)
- Vaccination laws (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Free Speech, Rational Deliberation, And Some Truths About Lies, Alan K. Chen
Free Speech, Rational Deliberation, And Some Truths About Lies, Alan K. Chen
William & Mary Law Review
Could “fake news” have First Amendment value? This claim would seem to be almost frivolous given the potential for fake news to undermine two core functions of the freedom of speech—promoting democracy and facilitating the search for “truth,” as well as the corollary that to be valuable, speech must promote rational deliberation. Some would therefore claim that fake news should be classified as “no value” speech falling outside of the First Amendment’s reach. This Article argues somewhat counterintuitively that fake news has value because speech doctrine should not be focused exclusively on the promotion of rational deliberation, but should also …
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
William & Mary Law Review
Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …
Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea
Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea
William & Mary Law Review
President Trump’s daily tweets attacking the media have led many observers to express concern about the state of the press in our nation. Trump has called the press “the ... enemy of the [American] people,” encouraged a climate of hatred toward journalists at his rallies, refused to condemn Saudi Arabia for the brutal killing of reporter Jamal Khashoggi, and accused the media of writing “fake news.” The public’s trust in the institutional press has simultaneously diminished. Combined with the continuing economic challenges journalists face, the press is certainly facing some difficult times.
Nevertheless, things are not as dire as they …
Extrajudicial Statements And Prejudice In The Digital Age: Creating Factors To Preserve The Balance Between Attorney And State Interests In Trial Litigation, Emily R. O'Hara
William & Mary Law Review
As social media’s prevalence and usage grows within the United States, people and organizations capitalize on new media to send news to users. In 2017, 67 percent of people consumed their news from social media websites, and the rate continues to grow. Local and national news sources bring newsworthy stories to active users on social media sites such as Twitter, where users can communicate and interact with one another to promote ideas and spread information. These online accounts cover not only mundane, day-to-day news, but also salacious stories relating to civil and criminal lawsuits.
In April 2018, attorney Neal Katyal …