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Full-Text Articles in Law
Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance
Should Prosecutors Blog, Post, Or Tweet?: The Need For New Restraints In Light Of Social Media, Emily Anne Vance
Fordham Law Review
Prosecutors' extrajudicial speech is not a new problem. Indeed, prosecutors' out-of-court statements to the press and the public at large have been of concern for over a century. Consequently, ethical rules and standards have been implemented to protect defendants from undue reputational harm and to strike a balance between trial participants' right to free speech and defendants' right to due process. Although these rules and standards are periodically revised, they have not yet accounted for the differences between traditional media-for which the rules and standards were written-and social media. Recently, however, prosecutors have used social media to discuss pending cases …
Tinker Gone Viral: Diverging Threshold Tests For Analyzing School Regulation Of Off-Campus Digital Student Speech, Daniel Marcus-Toll
Tinker Gone Viral: Diverging Threshold Tests For Analyzing School Regulation Of Off-Campus Digital Student Speech, Daniel Marcus-Toll
Fordham Law Review
In the context of students’ free speech rights, courts have traditionally premised school regulatory authority on geography, deferring to school officials on campus and limiting a school’s capacity to discipline students for conduct taking place beyond school hours or property. In the contemporary setting, however, where wireless devices, mobile phones, and other communicative technologies abound, a student may affect the school environment significantly without setting foot on school property. In the absence of guidance from the U.S. Supreme Court, the limits of school authority to regulate such “off-campus” student speech are uncertain.
Several courts have permitted school discipline in response …
Anonymity In Cyberspace: Judicial And Legislative Regulations, Sophia Qasir
Anonymity In Cyberspace: Judicial And Legislative Regulations, Sophia Qasir
Fordham Law Review
Historically, the scope of constitutional protections for fundamental rights has evolved to keep pace with new social norms and new technology. Internet speech is on the rise. The First Amendment protects an individual’s right to speak anonymously, but to what extent does it protect a right to anonymous online speech? This question is difficult because the government must balance the fundamental nature of speech rights with the potential dangers associated with anonymous online speech, including defamation, invasion of privacy, and intentional infliction of emotional distress. While lower courts have held that there is a right to anonymous online speech, they …
Reconciling Morse With Brandenburg, Steven Penaro
Reconciling Morse With Brandenburg, Steven Penaro
Fordham Law Review
This Note examines Morse v. Frederick in connection with the Brandenburg v. Ohio test governing speech that advocates unlawful acts. In Morse, the U.S. Supreme Court devised a new test that gives school officials the power to restrict student speech promoting the use of illegal drugs. However, in Brandenburg, the Supreme Court held that speech must be struck down if the speaker intends to incite imminent lawless action and that speech is likely to produce such action. This Note argues that a relaxed application of the Brandenburg standard would be useful in prohibiting student drug speech within a school setting.
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
Fordham Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney's office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties.” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself. This Article rejects the scholarly consensus on Garcetti. …
The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan
The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan
Fordham Law Review
No abstract provided.
Trademark Regulations And The Commercial Speech Doctrine: Focusing On The Regulatory Objective To Classify Speech For First Amendment Analysis, John V. Tait
Fordham Law Review
No abstract provided.
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
The First Amendment Distinction Between Conduct And Content: A Conceptual Framework For Understanding Fighting Words Jurisprudence, Aviva O. Wertheimer
Fordham Law Review
No abstract provided.
Fact And Opinion In Defamation: Recognizing The Formative Power Of Context, Rodney W. Ott
Fact And Opinion In Defamation: Recognizing The Formative Power Of Context, Rodney W. Ott
Fordham Law Review
No abstract provided.
The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson
The Prosecutor, The Press, And Free Speech, Scott, Jr. M. Matheson
Fordham Law Review
No abstract provided.
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera
Fordham Law Review
No abstract provided.
Public Forum Analysis After Perry Education Association V. Perry Local Educator's Association - A Conceptual Approach To Claims Of First Amendment Access To Publicly Owned Property, Peter Jakab
Fordham Law Review
No abstract provided.
Fair Trial V. Unfair Advertising: Jury Award Advertising And The First Amendment, Bernard J. Rhodes
Fair Trial V. Unfair Advertising: Jury Award Advertising And The First Amendment, Bernard J. Rhodes
Fordham Law Review
No abstract provided.
Municipal Free Speech: Banned In Boston? , Charles E. Ryan
Municipal Free Speech: Banned In Boston? , Charles E. Ryan
Fordham Law Review
No abstract provided.
Violence And Obscenity--Chaplinsky Revisited
Control Of Corporate And Union Political Expenditures: A Constitutional Analysis
Control Of Corporate And Union Political Expenditures: A Constitutional Analysis
Fordham Law Review
No abstract provided.