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Full-Text Articles in Law
Chilling Speech In The Name Of 'Woke': A Critique Of The Stop W.O.K.E. Act, Mia Guy, Kelsey Moore
Chilling Speech In The Name Of 'Woke': A Critique Of The Stop W.O.K.E. Act, Mia Guy, Kelsey Moore
The Reporter: Social Justice Law Center Magazine
No abstract provided.
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Faculty Publications
Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …
Preventing Conflict Or Descending An Iron Curtain? Buffer-Zone Laws And Balancing Histories Of Disruption With Free Speech, Nate Nasrallah
Preventing Conflict Or Descending An Iron Curtain? Buffer-Zone Laws And Balancing Histories Of Disruption With Free Speech, Nate Nasrallah
Case Western Reserve Law Review
This article proposes that courts and lawmakers look to two factors to help determine whether a given law is necessary. First, they should evaluate the extent of the law’s history of disruption. To do this, they should ask whether the history is pervasive, whether it is egregious, whether it calls for immediate action, and whether it is particular. Second, courts and lawmakers should examine the degree to which the disruption impedes upon the government’s interest. If logic dictates that the government cannot advance its interest so long as the prohibited conduct persists, then the government does not need to show …
The Inextricable Merits Problem In Personal Jurisdiction, Cassandra Burke Robertson
The Inextricable Merits Problem In Personal Jurisdiction, Cassandra Burke Robertson
Faculty Publications
In 1984, Hollywood star Shirley Jones convinced the Supreme Court to adopt an effects-based test for personal jurisdiction when she brought suit in California against a Florida defendant for defaming her reputation. After adopting the test in Calder v. Jones, the Court never returned to the issue, and in fact avoided personal jurisdiction questions entirely for more than two decades. This past spring, however, the Supreme Court not only revisited the personal jurisdiction doctrine but also signaled an intention to return to personal jurisdiction issues in the near future, with two justices calling specifically for development of the doctrine in …
F(R)Ee Expression: Reconciling Copyright & The First Amendment, Raymond Shih Ray Ku
F(R)Ee Expression: Reconciling Copyright & The First Amendment, Raymond Shih Ray Ku
Faculty Publications
This essay explores the relationship between copyright and free speech by critically evaluating the proposition that conflicts between the two can be eliminated because the Framers intended both to be engines for free expression. My purpose is not to set forth a comprehensive theory of copyright and free speech, but is more modest. This essay argues that while useful, reference to the Framers' intent only goes so far in avoiding conflicts between copyright and free speech, and when viewed outside of the facts presented by Harper & Row and Eldred, reliance upon the Framers' intent arguably increases such conflicts. Moreover, …