Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Free speech (4)
- Advocacy (1)
- Article II (1)
- Bush (1)
- Campaign finance (1)
-
- Commercial speech (1)
- Congress (1)
- Craft beer (1)
- Executive power (1)
- Executive speech (1)
- Feminist (1)
- Government speech (1)
- Labels (1)
- License plates (1)
- Mandatory student activity fees (1)
- Media (1)
- National security (1)
- Obama (1)
- Persuasion (1)
- Pledge of allegiance (1)
- Political processes (1)
- Product labels (1)
- Religion (1)
- Seal brief (1)
- Secret brief (1)
- Specialty license plates (1)
- Threat claims (1)
- Threat inflation (1)
- War powers (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
McGeorge School of Law Scholarly Articles
Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market …
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the Court extended its previous holding in Pleasant Grove City, Utah v.Summum that a city’s donated park monuments were government speech to the privately proposed designs that Texas accepts and stamps onto its specialty license plates. The placement of the program into the new doctrinal category is significant because the selection criteria for government–private speech combinations that produce government speech are “exempt from First Amendment scrutiny.” By contrast, when the government selects private speakers to participate in a private speech forum, its criteria must be reasonable in light of the …
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
Memo To Cannabis Regulators: The Expressions Hair Design Decision Does Not Limit Your Broad Authority To Restrict All Forms Of Discounting, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to which the …
A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs
A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs
Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Public Sensibilities Forum, Leslie Gielow Jacobs
The Public Sensibilities Forum, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Is There An Obligation To Listen?, Leslie Gielow Jacobs
Is There An Obligation To Listen?, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …
Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs
Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs
Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
Regulation of nonviolent political-protest activities outside abortion clinics must balance the constitutional rights to free speech and to choose abortion, and the social value of nonviolent political protest. This Article examines and questions two current assumptions about the proper scope of government regulations. The first assumption is that, absent a constitutional obstacle under prevailing free speech jurisprudence, it is appropriate to enjoin or statutorily enhance sanctions for any variety of nonviolent political-protest activities that block access to clinics or constitute illegal trespasses. This Article argues that for a particular type of nonviolent political protest-conduct that is equivalent to speech on …
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
McGeorge School of Law Scholarly Articles
No abstract provided.