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Hofstra Law Review

Freedom of speech

Articles 1 - 17 of 17

Full-Text Articles in Law

Free Speech On Campus: The Attack From Within, Kevin T. Baine Mar 2023

Free Speech On Campus: The Attack From Within, Kevin T. Baine

Hofstra Law Review

The article focuses on the lack of free speech and expression on university campuses, where students and faculty feel afraid to voice their opinions due to potential backlash and harassment.


"The Remedy To Be Applied Is More Speech": Rights, Responsibilities, And Obligations Of Free Expression At Law Schools, Frederick M. Lawrence Mar 2023

"The Remedy To Be Applied Is More Speech": Rights, Responsibilities, And Obligations Of Free Expression At Law Schools, Frederick M. Lawrence

Hofstra Law Review

The article focuses on the free expression jurisprudence developed by Justice Louis D. Brandeis and its application to institutions of higher learning, specifically law schools. Topics include the doctrine of protecting expression, the role of institutions in promoting free speech, and the challenges faced by institutional leaders in navigating difficult conversations.


Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert A. Khan Jan 2013

Why Do Europeans Ban Hate Speech? A Debate Between Karl Loewenstein And Robert Post, Robert A. Khan

Hofstra Law Review

No abstract provided.


Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi Jan 2012

Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi

Hofstra Law Review

No abstract provided.


Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert Jan 2011

Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert

Hofstra Law Review

No abstract provided.


Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias Jan 2011

Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias

Hofstra Law Review

No abstract provided.


Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand Jan 2011

Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand

Hofstra Law Review

No abstract provided.


The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora Jan 2008

The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora

Hofstra Law Review

No abstract provided.


The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker Jan 2007

The Independent Significance Of The Press Clause Under Existing Law, C. Edwin Baker

Hofstra Law Review

No abstract provided.


Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman Jan 2007

Media Policy And Free Speech: The First Amendment At War With Itself, Ellen P. Goodman

Hofstra Law Review

Two principal pillars of media policy are communications and copyright law. In each discipline, there are pluralists who seek greater public access to the means of communications (communications policy pluralists) and communicative content (copyright pluralists). Historically, communications policy pluralists have sought government interventions in the marketplace in order to increase access to mass communications. Copyright pluralists, by contrast, have fought against regulatory interventions they argue unduly strengthen the rights of copyright holders to deny access to content. In pursuing these strategies, the pluralists have used First Amendment arguments that are in tension with each other and ultimately unavailing in the …


A Listener's Free Speech, A Reader's Copyright, Malla Pollack Jan 2007

A Listener's Free Speech, A Reader's Copyright, Malla Pollack

Hofstra Law Review

Despite the Supreme Court's repeated use of free speech doctrine to derail media reforms, some reform is possible. As Jerome A. Barron recognized, the Court's central error is hypothesizing a romanticized speaker. The Court's copyright jurisprudence is similarly marred by its congruent focus on a romanticized author. The original and continuing central purpose of both copyright and free speech is the wide distribution of material to citizens especially when politically relevant information and opinions are involved. The Constitution's copyright clause, Article I, section 8, clause 8, allows Congress the power to enact only such statutes as encourage the progress (meaning …


A Right To Reach An Audience: An Approach To Intermediary Bias On The Internet, Jennifer A. Chandler Jan 2007

A Right To Reach An Audience: An Approach To Intermediary Bias On The Internet, Jennifer A. Chandler

Hofstra Law Review

No abstract provided.


"Jacob's Voice, Esau's Hands": Transparency As A First Amendment Right In An Age Of Deceit And Impersonation, Amit Schejter Jan 2007

"Jacob's Voice, Esau's Hands": Transparency As A First Amendment Right In An Age Of Deceit And Impersonation, Amit Schejter

Hofstra Law Review

No abstract provided.


Batson Meets The First Amendment: Prohibiting Peremptory Challenges That Violate A Prospective Juror's Speech And Association Rights, Cheryl G. Bader Jan 1996

Batson Meets The First Amendment: Prohibiting Peremptory Challenges That Violate A Prospective Juror's Speech And Association Rights, Cheryl G. Bader

Hofstra Law Review

No abstract provided.


Is A Trademark Owner's Right To Use Its Mark Protected By The First Amendment?, Neal R. Platt Jan 1983

Is A Trademark Owner's Right To Use Its Mark Protected By The First Amendment?, Neal R. Platt

Hofstra Law Review

No abstract provided.


Constitutional Rights Of Noncommercial Boycotters: A Delicate Balance, Laurence Paskowitz Jan 1982

Constitutional Rights Of Noncommercial Boycotters: A Delicate Balance, Laurence Paskowitz

Hofstra Law Review

No abstract provided.


The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen Jan 1982

The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen

Hofstra Law Review

No abstract provided.