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- First Amendment (3)
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Articles 1 - 10 of 10
Full-Text Articles in Law
Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark Adams
Campaign Finance Reform, Union Dues, And The First Amendment: The Collision Of Politics And Rights, Mark Adams
Articles
No abstract provided.
Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges
Articles
No abstract provided.
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel
Articles
No abstract provided.
First Amendment Right To A Remedy, Benjamin Plener Cover
First Amendment Right To A Remedy, Benjamin Plener Cover
Articles
Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …
J. Skelly Wright's Democratic First Amendment, Johanna Kalb
J. Skelly Wright's Democratic First Amendment, Johanna Kalb
Articles
No abstract provided.
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel
Beyond Nexus: A Framework For Evaluating K-12 Teacher Off-Duty Conduct And Speech In Adverse Employment And Licensure Proceedings, John E. Rumel
Articles
No abstract provided.
The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture
The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture
Articles
This Article seeks to correct the imbalance that occurs when the First Amendment and securities fraud collide. Under current precedent, securities analysts, credit rating agencies, and financial journalists are subject to differing liability standards depending on whether they are sued for defamation or for securities fraud. Under New York Times Co. v. Sullivan, First Amendment protections apply in the defamation context in order to prevent the chilling of valuable speech, yet courts have declined to extend these protections to the securities fraud context. This imbalance threatens to chill valuable speech about public companies. To prevent the dangerous chilling effect of …
Historic Signs, Commercial Speech, And The Limits Of Preservation, Stephen R. Miller
Historic Signs, Commercial Speech, And The Limits Of Preservation, Stephen R. Miller
Articles
No abstract provided.
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt
Articles
No abstract provided.
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Articles
No abstract provided.