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Full-Text Articles in Law
The First Amendment Protects Military Funeral Protests, Timothy Zick
The First Amendment Protects Military Funeral Protests, Timothy Zick
Timothy Zick
Military funeral protests are offensive, but protected free speech.
Terrorism And The Bill Of Rights, Rodney A. Smolla
Terrorism And The Bill Of Rights, Rodney A. Smolla
Rod Smolla
This year is the Tenth Anniversary of the William & Mary Bill of Rights Journal, and the Journal is very fortunate and honored to have Professor Rodney Smolla publish an article in this year's volume. Professor Smolla played an integral role in the founding and organizing of not only the Journal, but also the Institute of Bill of Rights Law at William & Mary Law School. The Journal extends its most appreciative thanks to Professor Smolla for all his help. In this Article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case …
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
Rod Smolla
Not available.
Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer
Assessing The Velocity, Scale, Volume, Intensity And “Creedal Congruence” Of Immigrants In Setting A Nation’S Admissions Policy, David Barnhizer
David Barnhizer
Table of Contents Death of the “Melting Pot” The Rejection of Assimilation and the Rise of “Identity Sects” Western Europe and the US Face Significant Challenges to Their Creeds and Cultures The Radicalizing Search for Identity and Meaning The Velocity, Scale and Difference of Migrant Entry Into Dissimilar Cultures Assimilation Is Not Easy Under the Best of Circumstances ISIS, al-Qaeda and The Old Man of the Mountain What Are the Creedal Values For Which Western Nations Should Expect Commitment from Immigrants and Citizens? “Warning! Do Not Approach!” Beyond Non-Assimilation to Cultural Transformation The Right to Preserve a “Cultural Ecosystem” The …
Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer
Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer
David Barnhizer
None of us can claim the quality of original insight achieved by Alexis de Tocqueville in his early 19th Century classic Democracy in America in his observation that the “soft” repression of democracy was unlike that in any other political form. It is impossible to deny that we in the US, the United Kingdom and Western Europe are experiencing just such a “gentle” drift of the kind that Tocqueville describes, losing our democratic integrity amid an increasingly “pretend” democracy. He explained: “[T]he supreme power [of government] then extends its arm over the whole community. It covers the surface of society …
Terrorism And Associations, Ashutosh A. Bhagwat
Terrorism And Associations, Ashutosh A. Bhagwat
Ashutosh Bhagwat
The domestic manifestation of the War on Terror has produced the most difficult and sustained set of controversies regarding the limits on First Amendment protections for political speech and association since the anti-Communist crusades of the Red Scare and McCarthy eras. An examination of the types of domestic terrorism prosecutions that have become common since the September 11 attacks reveals continuing and unresolved conflicts between national security needs and traditional protections for speech and (especially) associational freedoms. Yet the courts have barely begun to acknowledge, much less address, these serious issues. In the Supreme Court’s only sustained engagement with these …
Everyone Is A Terrorist Now: Marginalizing Protest In The U.S, Ivan Greenberg
Everyone Is A Terrorist Now: Marginalizing Protest In The U.S, Ivan Greenberg
Ivan Greenberg
The American state believes terrorists are found everywhere there is disagreement and conflict in society. Even though American radicals rarely commit crimes, the FBI claims they pose a major challenge to peaceful social order. The terrorist label so broadly has been misapplied in recent years that it has lost most of its significance and meaning. The practice of political policing (or state "high policing") has become a core function of government in America.