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Articles 1 - 30 of 48
Full-Text Articles in Law
Market Failure And Censorship In The Marketplace Of Ideas, John P. Anderson, Jeremy Kidd
Market Failure And Censorship In The Marketplace Of Ideas, John P. Anderson, Jeremy Kidd
Oklahoma Law Review
No abstract provided.
Sincerity, Subjectivity & Religion: The Evolution Of Rfra From A Constitutional Shield To A Political Sword, Emily Kathryn Tubb
Sincerity, Subjectivity & Religion: The Evolution Of Rfra From A Constitutional Shield To A Political Sword, Emily Kathryn Tubb
Oklahoma Law Review
No abstract provided.
Against Corporate Activism: Examining The Use Of Corporate Speech To Promote Corporate Social Responsibility, W.C. Bunting
Against Corporate Activism: Examining The Use Of Corporate Speech To Promote Corporate Social Responsibility, W.C. Bunting
Oklahoma Law Review
No abstract provided.
Establishing A Right To Last Rites: Examining Death Row Inmates’ Right To Clergy Presence In The Execution Chamber In Gutierrez V. Saenz, Sarah B. Conley
Establishing A Right To Last Rites: Examining Death Row Inmates’ Right To Clergy Presence In The Execution Chamber In Gutierrez V. Saenz, Sarah B. Conley
Oklahoma Law Review
No abstract provided.
Lemons, Legislatures, And Liberties: The Constitutionality Of Prayer At Public School Board Meetings, Kaitlyn M. Huelskamp
Lemons, Legislatures, And Liberties: The Constitutionality Of Prayer At Public School Board Meetings, Kaitlyn M. Huelskamp
Oklahoma Law Review
No abstract provided.
The First Amendment Has Entered The Chat: Oklahoma’S Cyberharassment Law, Trae Havens
The First Amendment Has Entered The Chat: Oklahoma’S Cyberharassment Law, Trae Havens
Oklahoma Law Review
No abstract provided.
Failing To Protect Public Employees’ First Amendment Rights: The Need For A Presumption Of Public Concern For Truthful Testimony, Anna H. Mcneil
Failing To Protect Public Employees’ First Amendment Rights: The Need For A Presumption Of Public Concern For Truthful Testimony, Anna H. Mcneil
Oklahoma Law Review
No abstract provided.
The Masterpiece Cakeshop Decision And The Clash Between Nondiscrimination And Religious Freedom, Klint W. Alexander, Ph.D, J.D.
The Masterpiece Cakeshop Decision And The Clash Between Nondiscrimination And Religious Freedom, Klint W. Alexander, Ph.D, J.D.
Oklahoma Law Review
No abstract provided.
Prosecuting Fatal Speech: What Minnesota’S State V. Final Exit Network Means For Assisted-Suicide Laws Across The Country, Anthony W. Joyce
Prosecuting Fatal Speech: What Minnesota’S State V. Final Exit Network Means For Assisted-Suicide Laws Across The Country, Anthony W. Joyce
Oklahoma Law Review
No abstract provided.
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian
Oklahoma Law Review
No abstract provided.
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein
Oklahoma Law Review
No abstract provided.
Suing The President For First Amendment Violations, Sonja R. West
Suing The President For First Amendment Violations, Sonja R. West
Oklahoma Law Review
No abstract provided.
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Oklahoma Law Review
No abstract provided.
Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers
Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers
Oklahoma Law Review
No abstract provided.
Editor’S Introduction, Mitchell B. Bryant
False Speech And The First Amendment, Erwin Chemerinsky
False Speech And The First Amendment, Erwin Chemerinsky
Oklahoma Law Review
No abstract provided.
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Oklahoma Law Review
No abstract provided.
Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz
Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz
Oklahoma Law Review
No abstract provided.
The Right To Receive Foreign Speech, Joseph Thai
The Right To Receive Foreign Speech, Joseph Thai
Oklahoma Law Review
No abstract provided.
Corporate Transparency And The First Amendment: Compelled Disclosures In The Wake Of National Association Of Manufacturers V. Sec, Emma Land
Oklahoma Law Review
No abstract provided.
A License To Infringe: The Tenth Circuit’S Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Ray Scott
A License To Infringe: The Tenth Circuit’S Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Ray Scott
Oklahoma Law Review
No abstract provided.
Can The Undue-Burden Standard Add Clarity And Rigor To Intermediate Scrutiny In First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains For Time, Place & Manner Regulations, Clay Calvert, Minch Minchin
Can The Undue-Burden Standard Add Clarity And Rigor To Intermediate Scrutiny In First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains For Time, Place & Manner Regulations, Clay Calvert, Minch Minchin
Oklahoma Law Review
No abstract provided.
The Costly Exercise Of Religion: Issues On Diocesan Bankruptcy Estate Formation And First Amendment Implications, Simon W. Bright
The Costly Exercise Of Religion: Issues On Diocesan Bankruptcy Estate Formation And First Amendment Implications, Simon W. Bright
Oklahoma Law Review
No abstract provided.
Blackhawk Down Or Blackhorse Down? The Lanham Act’S Prohibition Of Trademarks That “May Disparage” & The First Amendment, Russ Versteeg
Blackhawk Down Or Blackhorse Down? The Lanham Act’S Prohibition Of Trademarks That “May Disparage” & The First Amendment, Russ Versteeg
Oklahoma Law Review
No abstract provided.
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Oklahoma Law Review
Under existing precedent, portions of the military chaplaincy program are unconstitutional. Although presenting at least the appearance of the “establishment” of religion, the military chaplaincy program has never been successfully challenged on constitutional grounds—despite its history of more than two centuries. The only court that has directly confronted the issue upheld the military chaplaincy based on what appears to be a counter-intuitive application of the Free Exercise Clause. Namely, the military chaplaincy program ensures the free exercise rights of service members who, because of their military service, would otherwise be deprived of access to religious services. And indeed, when a …
Rehabilitating Concession Theory, Stefan Padfield
Rehabilitating Concession Theory, Stefan Padfield
Oklahoma Law Review
In Citizens United v. FEC, a 5-4 majority of the Supreme Court ruled that “the Government cannot restrict political speech based on the speaker's corporate identity.” The decision remains controversial, with many arguing that the Court effectively overturned more than 100 years of precedent. I have previously argued that this decision turned on competing conceptions of the corporation, with the majority adopting a contractarian view while the dissent advanced a state concession view. However, the majority opinion was silent on the issue of corporate theory, and the dissent went so far as to expressly disavow any role for corporate …
Tinker Takes On Tatro: The Minnesota Supreme Court's Missed Opportunity, Tracey Wirmani
Tinker Takes On Tatro: The Minnesota Supreme Court's Missed Opportunity, Tracey Wirmani
Oklahoma Law Review
No abstract provided.
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Oklahoma Law Review
No abstract provided.
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Oklahoma Law Review
This article analyzes the United States Supreme Court’s March 2011 decision in Snyder v. Phelps. Specifically, it demonstrates the narrow nature of the holding, and argues that while narrow framing, in the tradition of judicial minimalism, may have been a strategic move by Chief Justice John Roberts to obtain a decisive eight-justice majority, the resulting opinion failed to advance First Amendment jurisprudence significantly. Instead, the outcome simply—even predictably—fell in line with an established order of decisions. This article examines four tactics employed by the Chief Justice to narrow the case in such a way that its outcome was essentially …