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Full-Text Articles in Law
Warren/Burger Courts Exalted “Free” Expression Over Other American Values, Louis W. Hensler Iii
Warren/Burger Courts Exalted “Free” Expression Over Other American Values, Louis W. Hensler Iii
Marquette Law Review
Anglo-American defamation law started with a simple condemnation of the sin of evil speaking. Eventually, this value condemning harmful speech was accommodated to the value of speaking the truth, even hurtful truth. A third value of fostering responsible self-government was injected into American defamation law at and around the time of the American Revolution. This value makes it especially important for citizens to freely speak even hurtful truth about their government.
The First Amendment And The Regulation Of Speech Intermediaries, Shaun B. Spencer
The First Amendment And The Regulation Of Speech Intermediaries, Shaun B. Spencer
Marquette Law Review
Calls to regulate social media platforms abound on both sides of the political spectrum. Some want to prevent platforms from deplatforming users or moderating content, while others want them to deplatform more users and moderate more content. Both types of regulation will draw First Amendment challenges. As Justices Thomas and Alito have observed, applying settled First Amendment doctrine to emerging regulation of social media platforms presents significant analytical challenges.
Justice Breyer And Intellectual Property Law
Justice Breyer And Intellectual Property Law
Marquette Intellectual Property & Innovation Law Review
None
Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr
Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr
Marquette Intellectual Property Law Review
No abstract provided.
The Growing Gender/Religion Divide, Marcia L. Mccormick
The Growing Gender/Religion Divide, Marcia L. Mccormick
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman
Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman
Marquette Law Review
Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades. Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances. Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self. But the three traditional rationales are incompatible with our digital age. IN particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society. The time for a new rationale has arrived. The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the …
Sports And The First Amendment: Ufc Is The Latest Challenger, Jason J. Cruz
Sports And The First Amendment: Ufc Is The Latest Challenger, Jason J. Cruz
Marquette Sports Law Review
None
On Commercial—And Corporate—Speech, Jonathan Weinberg
The Supreme Court And Religious Liberty, Joseph D. Kearney
The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie
The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie
Marquette Law Review
There are increasing tensions between the First Amendment and the common law torts of intentional infliction of emotional distress, defamation, and privacy. This Article discusses the conflicting interactions among the three models that are competing for primacy as the tort law governing expressive activities evolves to accommodate the requirements of the First Amendment. At one extreme there is the model that expression containing information which has been lawfully obtained that contains neither intentional falsehoods nor incitements to immediate violence can only be sanctioned in narrowly defined exceptional circumstances, even if that expression involves matters that are universally regarded as being …
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
Marquette Law Review
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.
A careful reading of the history of the framing …
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul
Marquette Sports Law Review
No abstract provided.
Clear Depictions Promote Clear Decisions: Drafting Abortion Speech-And-Display Statutes That Pass First And Fourteenth Amendment Muster
Marquette Elder's Advisor
None
Silencing The Crowd: Regulating Free Speech In Professional Sports Facilities, Nick Desiato
Silencing The Crowd: Regulating Free Speech In Professional Sports Facilities, Nick Desiato
Marquette Sports Law Review
No abstract provided.
Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler
Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler
Marquette Sports Law Review
No abstract provided.
Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson
Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson
Marquette Sports Law Review
No abstract provided.
Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny
Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny
Marquette Sports Law Review
No abstract provided.
Stop The Presses! First Amendment Limitations Of Professional Athletes' Publicity Rights , Erika T. Olander
Stop The Presses! First Amendment Limitations Of Professional Athletes' Publicity Rights , Erika T. Olander
Marquette Sports Law Review
No abstract provided.
Religious Freedom And The Interscholastic Athlete, Scott C. Idleman
Religious Freedom And The Interscholastic Athlete, Scott C. Idleman
Marquette Sports Law Review
No abstract provided.
The Right Of Publicity On The Internet, Cristina Fernandez
The Right Of Publicity On The Internet, Cristina Fernandez
Marquette Sports Law Review
No abstract provided.
Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick
Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick
Marquette Sports Law Review
No abstract provided.
Ethnic Team Names And Logos - Is There A Legal Solution?, Cathryn L. Claussen
Ethnic Team Names And Logos - Is There A Legal Solution?, Cathryn L. Claussen
Marquette Sports Law Review
No abstract provided.
Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley
Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley
Marquette Sports Law Review
No abstract provided.