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Full-Text Articles in Law

Content-Based Confusion And Panhandling: Muddling A Weathered First Amendment Doctrine Takes Its Toll On Society's Less Fortunate, Clay Calvert Jan 2015

Content-Based Confusion And Panhandling: Muddling A Weathered First Amendment Doctrine Takes Its Toll On Society's Less Fortunate, Clay Calvert

Richmond Journal of Law and the Public Interest

This article examines multiple problems now plaguing the fundamental dichotomy in First Amendment jurisprudence between content-based and content-neutral regulations of speech. The troubles were highlighted by the U.S. Supreme Court's 2014 divided decision in McCullen v. Coakley. Building from McCullen, this article uses a quartet of federal court rulings from 2014 and 2013 involving anti-begging ordinances affecting the homeless as analytical springboards for examining these issues in depth. Ultimately, the article proposes a three-step framework for mitigating the muddle and calls on the nation's high court to take action to clarify the proper test for distinguishing between content-based and content-neutral …


The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov Jan 2015

The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov

University of Richmond Law Review

No abstract provided.


Content-Based Confusion And Panhandling: Muddling A Weathered First Amendment Doctrine Takes Its Toll On Society's Less Fortunate, Clay Calvert Jan 2015

Content-Based Confusion And Panhandling: Muddling A Weathered First Amendment Doctrine Takes Its Toll On Society's Less Fortunate, Clay Calvert

Richmond Public Interest Law Review

This article examines multiple problems now plaguing the fundamental dichotomy in First Amendment jurisprudence between content-based and content-neutral regulations of speech. The troubles were highlighted by the U.S. Supreme Court's 2014 divided decision in McCullen v. Coakley. Building from McCullen, this article uses a quartet of federal court rulings from 2014 and 2013 involving anti-begging ordinances affecting the homeless as analytical springboards for examining these issues in depth. Ultimately, the article proposes a three-step framework for mitigating the muddle and calls on the nation's high court to take action to clarify the proper test for distinguishing between content-based and content-neutral …