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Full-Text Articles in Law
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray
Faculty Scholarship
This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability and instability. Drawing on a broader body of work in transitional justice, this essay argues that religion has an important role to play in the complex web of overlapping associations and oppositions constitutive of a dynamically stable society and further contends that constitutional protections which encourage a diversity of religions provide the best hope of harnessing that potential while limiting the dangers of religion evidenced in numerous cases of mass atrocity.
Foreword: Our Paradoxical Religion Clauses, Mark A. Graber
Foreword: Our Paradoxical Religion Clauses, Mark A. Graber
Faculty Scholarship
No abstract provided.
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Faculty Scholarship
Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers’ views are not mistakenly attributed to the government. Consider, for example, Virginia’s efforts to ban the Sons of Confederate Veterans’ display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of “hate” or “heritage,” Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier “VIRGINIA.” The Fourth Circuit was unpersuaded, holding that the …
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton
Faculty Scholarship
Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.
This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …
Generally Applicable Laws And The First Amendment, David S. Bogen
Generally Applicable Laws And The First Amendment, David S. Bogen
Faculty Scholarship
No abstract provided.
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray
Faculty Scholarship
No abstract provided.
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Faculty Scholarship
No abstract provided.
Balancing Freedom Of Speech, David S. Bogen
First Amendment Ancillary Doctrines, David S. Bogen
First Amendment Ancillary Doctrines, David S. Bogen
Faculty Scholarship
No abstract provided.
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
Faculty Scholarship
No abstract provided.