Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Constitution 1st Amendment (14)
- Freedom of Speech (4)
- Freedom of Religion (3)
- Campaign Funds (2)
- Libel and Slander (2)
-
- United States Constitution First Amendment (2)
- United States Federal Election Commission (2)
- United States Supreme Court (2)
- Arizona Christian School Tuition Organization v. Winn (131 S. Ct. 1436 (2011)) (1)
- Civil Law (1)
- Clergy (1)
- Commercial Speech Doctrine (1)
- Flast v. Cohen (392 U.S. 83 (1968)) (1)
- Freedom of Association (1)
- Freedom of Espression (1)
- Gender Identity (1)
- Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (132 S. Ct. 694 (2012)) (1)
- Intent (1)
- Justification (1)
- Law (1)
- Legal Briefs (1)
- Manners and Customs (1)
- McCutcheon v. Federal Election Commission (1)
- National Labor Relations Board v. Noel Canning (1)
- Obscenity (1)
- Separation of Powers (1)
- Snyder v. Phelps 131 S. Ct. 1207 (2011) (1)
- Students (1)
- Tinker v. Des Moines Independent School District 393 U.S. 503 (1969) (1)
- United States Constitution (1)
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
Tinker-Ing With Speech Categories: Solving The Off-Campus Student Speech Problem With A Categorical Approach And A Comprehensive Framework, Scott Dranoff
William & Mary Law Review
No abstract provided.
Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser
Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Freedom Of Speech, Defamation, And Injunctions, David S. Ardia
Freedom Of Speech, Defamation, And Injunctions, David S. Ardia
William & Mary Law Review
It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to injunctive relief; their remedies are solely monetary. Indeed, it has been repeated as a truism: “equity will not enjoin a libel.” This precept rests on one of the strongest presumptions in First Amendment jurisprudence: that injunctions against libel and other kinds of speech are unconstitutional prior restraints. But it may not be true, at least not anymore.
Over the past decade, the Internet has brought increased attention to the adequacy of the remedies available in defamation cases. Prior to the widespread availability of digital …
Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern
Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern
William & Mary Bill of Rights Journal
No abstract provided.
Section 5: First Amendment & Separation Of Powers, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: First Amendment & Separation Of Powers, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 1: Moot Court: Town Of Greece V. Galloway, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Town Of Greece V. Galloway, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Reply Brief Of Appellants, Dan Backer, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Reply Brief Of Appellants, Dan Backer, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
Appellate and Supreme Court Clinic
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
A Winn For Originalism Puts Establishment Clause Reform Within Reach, Patrick T. Gillen
A Winn For Originalism Puts Establishment Clause Reform Within Reach, Patrick T. Gillen
William & Mary Bill of Rights Journal
No abstract provided.
The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco
The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Distinguishing Between Custom And Law: Empirical Examples Of Endogeneity In Property And First Amendment Precedents, Daniel L. Chen, Susan Yeh
Distinguishing Between Custom And Law: Empirical Examples Of Endogeneity In Property And First Amendment Precedents, Daniel L. Chen, Susan Yeh
William & Mary Bill of Rights Journal
No abstract provided.
Justices Hawking Jesus: Endorsement Through Citation To Religious Amici In Supreme Court Opinions, Tiffany Marie Westfall Ferris
Justices Hawking Jesus: Endorsement Through Citation To Religious Amici In Supreme Court Opinions, Tiffany Marie Westfall Ferris
William & Mary Bill of Rights Journal
No abstract provided.
Detailing Commercial Speech: What Pharmaceutical Marketing Reveals About Bans On Commercial Speech, Andrew J. Wolf
Detailing Commercial Speech: What Pharmaceutical Marketing Reveals About Bans On Commercial Speech, Andrew J. Wolf
William & Mary Bill of Rights Journal
No abstract provided.
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Brief Of Appellants, Dan Backer, Patricia E. Roberts, Jessica L. Delaney, Bryan U. Gividen, Tillman J. Breckenridge
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Brief Of Appellants, Dan Backer, Patricia E. Roberts, Jessica L. Delaney, Bryan U. Gividen, Tillman J. Breckenridge
Appellate and Supreme Court Clinic
No abstract provided.
Speech, Intent, And The Chilling Effect, Leslie Kendrick
Speech, Intent, And The Chilling Effect, Leslie Kendrick
William & Mary Law Review
Speaker’s intent requirements are a common but unremarked feature of First Amendment law. From the “actual malice” standard for defamation to the specific-intent requirement for incitement, many types of expression are protected or unprotected depending on the state of mind with which they are said. To the extent that courts and commentators have considered why speaker’s intent should determine First Amendment protection, they have relied upon the chilling effect. On this view, imposing strict liability for harmful speech, such as defamatory statements, would overdeter, or chill, valuable speech, such as true political information. Intent requirements are necessary prophylactically to provide …
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
Faculty Publications
In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival.
Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the Supreme Court has …
The First Amendment’S Global Dimension, Timothy Zick
The First Amendment’S Global Dimension, Timothy Zick
Popular Media
No abstract provided.
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
William & Mary Journal of Race, Gender, and Social Justice
Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.
This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …