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Articles 31 - 60 of 135

Full-Text Articles in Law

Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith Apr 2015

Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith

BYU Law Review

No abstract provided.


The Very Old New Separationism, Alan M. Hurst Feb 2015

The Very Old New Separationism, Alan M. Hurst

BYU Law Review

No abstract provided.


Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen Oct 2014

Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen

BYU Law Review

No abstract provided.


Neutrality Fatality As Between Government Speech And Religion And Nonreligion: How The Government Speech Doctrine Provides A Solution, Haley Jankowski May 2013

Neutrality Fatality As Between Government Speech And Religion And Nonreligion: How The Government Speech Doctrine Provides A Solution, Haley Jankowski

BYU Law Review

No abstract provided.


The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda Dec 2012

The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda

BYU Law Review

No abstract provided.


Not A Free Press Court?, Lyrissa Barnett Lidsky Dec 2012

Not A Free Press Court?, Lyrissa Barnett Lidsky

BYU Law Review

No abstract provided.


Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii Dec 2012

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii

BYU Law Review

No abstract provided.


Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter Sep 2012

Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter

BYU Law Review

No abstract provided.


New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash Sep 2012

New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash

BYU Law Review

No abstract provided.


Eliminating The Subjective Intent Requirement For True Threats In United States V. Bagdasarian, Jake Romney May 2012

Eliminating The Subjective Intent Requirement For True Threats In United States V. Bagdasarian, Jake Romney

BYU Law Review

No abstract provided.


Defining Fraud As An Unprotected Category Of Speech: Why The Ninth Circuit Should Have Upheld The Stolen Valor Act In United States V. Alvarez, Natali Wyson May 2012

Defining Fraud As An Unprotected Category Of Speech: Why The Ninth Circuit Should Have Upheld The Stolen Valor Act In United States V. Alvarez, Natali Wyson

BYU Law Review

No abstract provided.


Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther May 2012

Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther

BYU Law Review

No abstract provided.


American Atheists, Inc. V. Davenport: Endorsing A Presumption Of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof May 2012

American Atheists, Inc. V. Davenport: Endorsing A Presumption Of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof

BYU Law Review

No abstract provided.


The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger Dec 2011

The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger

BYU Law Review

No abstract provided.


Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said Dec 2011

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

BYU Law Review

No abstract provided.


Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson Sep 2011

Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson

BYU Law Review

No abstract provided.


The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith Sep 2011

The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith

BYU Law Review

No abstract provided.


Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow Sep 2011

Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow

BYU Law Review

No abstract provided.


Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker May 2011

Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker

BYU Law Review

No abstract provided.


Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap May 2011

Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap

BYU Law Review

No abstract provided.


Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach, Richard Hyde Mar 2011

Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach, Richard Hyde

BYU Law Review

No abstract provided.


Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …


Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones Dec 2010

Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones

BYU Law Review

No abstract provided.


Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick Dec 2010

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

BYU Law Review

No abstract provided.


Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia Dec 2010

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.


The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea Dec 2010

The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea

BYU Law Review

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod Dec 2010

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.


The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald Dec 2010

The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald

BYU Law Review

No abstract provided.


Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter Dec 2010

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.


Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay Nov 2010

Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay

BYU Law Review

No abstract provided.