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Articles 1 - 30 of 57
Full-Text Articles in Law
The Trouble With Jaycees, Neal Devins
When Free Speech And Free Enterprise Collide, Cathy Lewis, Timothy Zick, Joe Howell
When Free Speech And Free Enterprise Collide, Cathy Lewis, Timothy Zick, Joe Howell
Timothy Zick
It's been a month since comments by Chick-fil-A President and COO Dan Cathy galvanized some while incensing others, and amplified the nationwide conversation about marriage equality. Instead of revisiting the debate, HearSay host Cathy Lewis examines the complex interplay of civil and economic liberties that first fostered the controversy.
The First Amendment And The World, Timothy Zick
The First Amendment Protects Military Funeral Protests, Timothy Zick
The First Amendment Protects Military Funeral Protests, Timothy Zick
Timothy Zick
Military funeral protests are offensive, but protected free speech.
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Timothy Zick
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Timothy Zick
No abstract provided.
Rights Dynamism, Timothy Zick
Professional Rights Speech, Timothy Zick
Professional Rights Speech, Timothy Zick
Timothy Zick
Some regulations of professional-client communications raise important, but sofar largely overlooked, constitutional concerns. Three recent examples of professional speech regulation-restrictions on physician inquiries regarding firearms, "reparative" therapy bans, and compelled abortion disclosures-highlight an important intersection between professional speech and constitutional rights. In each of the three examples, state regulations implicate a non-expressive constitutional right--the right to bear arms, equality, and abortion. States are actively, sometimes even aggressively, using their licensing authority to limit and structure conversations between professionals and their clients regarding constitutional rights. The author contends that government regulation of "professional rights speech" should be subjected to heightened First …
Practical Equality: Discussion With Author Robert L. Tsai, Timothy Zick, Robert L. Tsai
Practical Equality: Discussion With Author Robert L. Tsai, Timothy Zick, Robert L. Tsai
Timothy Zick
Professor Timothy Zick discusses a new book titled "Practical Equality: Forging Justice in a Divided Nation," with its author, Professor Robert L. Tsai of American University Washington College of Law. Timothy Zick is the John Marshall Professor of Government and Citizenship at William & Mary Law School. His scholarship has explored a wide variety of constitutional issues, with a special focus on the First Amendment. Robert L. Tsai is Professor of Law at American University and a prize-winning essayist in constitutional law and history. Recorded before a live audience at William & Mary Law School on March 14, 2019. The …
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Timothy Zick
No abstract provided.
Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese
Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese
Alan J. Meese
No abstract provided.
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
Linda A. Malone
No abstract provided.
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Laura A. Heymann
No abstract provided.
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Jennifer R. Franklin
No abstract provided.
Freedoms Of Collective Speech: A Theory Of Protected Communications By Organizations, Communities, And The State, Meir Dan-Cohen
Freedoms Of Collective Speech: A Theory Of Protected Communications By Organizations, Communities, And The State, Meir Dan-Cohen
Meir Dan-Cohen
Corporations' first amendment rights have received considerable judicial and scholarly attention in recent years. However, corporate speech cannot be studied adequately in isolation; rather, it is more fruitfully investigated within the broader context of collective speech. The author accordingly presents a theoretical framework for dealing with communications by different types of collectivities. The main distinction is between two paradigm collective entities: organizations and communities. Although it makes sense to ascribe speech to both, the grounds for extending constitutional protection are fundamentally different. Whereas communal speech has in and of itself expressive value that raises the first amendment's primary concerns, organizational …
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Donald W. Dowd
No abstract provided.
The Roberts Court And Freedom Of Speech, Erwin Chemerinsky
The Roberts Court And Freedom Of Speech, Erwin Chemerinsky
Erwin Chemerinsky
This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years to come, given its …
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Holmes And Brennan, Howard M. Wasserman
Holmes And Brennan, Howard M. Wasserman
Howard M Wasserman
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Ronald Brown
No abstract provided.
Terrorism And The Bill Of Rights, Rodney A. Smolla
Terrorism And The Bill Of Rights, Rodney A. Smolla
Rod Smolla
This year is the Tenth Anniversary of the William & Mary Bill of Rights Journal, and the Journal is very fortunate and honored to have Professor Rodney Smolla publish an article in this year's volume. Professor Smolla played an integral role in the founding and organizing of not only the Journal, but also the Institute of Bill of Rights Law at William & Mary Law School. The Journal extends its most appreciative thanks to Professor Smolla for all his help. In this Article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case …
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
Rod Smolla
No abstract provided.
First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla
First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla
Rod Smolla
No abstract provided.
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Rod Smolla
No abstract provided.
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla
Rod Smolla
No abstract provided.
Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla
Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla
Rod Smolla
Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.
The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken
The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken
Samuel R. Olken
In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …
Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel
Free Speech And Parity: A Theory Of Public Employee Rights, Randy J. Kozel
Randy J Kozel
More than four decades have passed since the U.S. Supreme Court revolutionized the First Amendment rights of the public workforce. In the ensuing years the Court has embarked upon an ambitious quest to protect expressive liberties while facilitating orderly and efficient government. Yet it has never articulated an adequate theoretical framework to guide its jurisprudence. This Article suggests a conceptual reorientation of the modern doctrine. The proposal flows naturally from the Court’s rejection of its former view that one who accepts a government job has no constitutional right to complain about its conditions. As a result of that rejection, the …
Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson
Principles For Resolving Conflicts Between Trade Secrets And The First Amendment, Pamela Samuelson
Pamela Samuelson
No abstract provided.
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson
Pamela Samuelson
No abstract provided.